Rule 1.91. Arbitration/Alternative Dispute Resolution Commissioner. (a) The district judges serving in the civil/criminal division may appoint an arbitration/alternative dispute resolution commissioner to serve at the pleasure of the court. The arbitration/alternative dispute resolution commissioner shall have the responsibilities and powers conferred by the Nevada Arbitration Rules (NAR) and the Nevada Short Trial Rules (NSTR) and such other alternative dispute resolution mechanisms contemplated by NRS 38.250 as may from time to time be promulgated, including without limitation, the power to issue decisions, determinations and other rulings on matters as provided in the NAR and NSTR, and to make findings and recommendations to the court regarding any dispositive matter such as violations of NAR 12 or for any other reason as provided in the NAR, NSTR, Nevada Rules of Civil Procedure, District Court Rules and/or the Eighth Judicial District Court Rules, or as otherwise provided by statute. (b) Upon reasonable notice, the arbitration/alternative dispute resolution commissioner may direct parties to appear for a conference with the commissioner concerning any matter related thereto. Unless otherwise directed, points and authorities need not be filed prior to a conference noticed by the commissioner. Counsel may not stipulate to vacate or continue a conference without the commissioner’s consent. Following the hearing on any matter, the commissioner may prepare and file a decision, determination or other ruling, or make findings and recommendations as provided herein. (c) Any matter concerning the NAR and NSTR may be referred by any district judge to the arbitration/alternative dispute resolution commissioner for a hearing in order to make findings and recommendations to the court. (d) Following the hearing of any dispositive matter as provided in subdivision (a) of this rule or following the hearing of any matter as provided in subdivision (c) of this rule, the commissioner must prepare and file a report with a recommendation for the court’s order. The commissioner may direct counsel to prepare the commissioner’s report including the findings and recommendations in accordance with Rules 7.21 and 7.23. The commissioner or the commissioner’s designee shall forthwith serve a copy of the report on all parties. The report is deemed received 3 days after the commissioner or the commissioner’s designee places a copy in the attorney’s file in the clerk’s office or 3 days after mailing to a party or a party’s attorney. Within 5 days after being served with a copy, any party may serve and file specific written objections to the recommendations with a courtesy copy delivered to the office of the arbitration/alternative dispute resolution commissioner. No points and authorities from any party or oral argument are permitted without leave of court. [Added; effective January 1, 2003.] PART II. CIVIL PRACTICE Rule 2.01. Scope of rules. The rules in Part II govern the practice and procedure of all civil actions, all contested proceedings under Titles 12 and 13 of NRS. Rules governing the practice and procedures in all family division actions are found in Part V. Rule 2.05. Filing of case required before judicial consideration. A complaint or other initial pleading must first be filed with the clerk and assigned to a department before application is made to the judge for the entry of an order therein. Rule 2.10. Temporary restraining orders and preliminary injunctions. (a) A motion for a preliminary injunction must be made upon the notice required by Rule 2.20, unless an order fixes a shorter notice. (b) No temporary restraining order may be granted unless coupled with an order fixing the time for hearing a motion for preliminary injunction. (c) Orders under subsections (a) and (b) must fix the time within which the restraining order, if any, and all pleadings, affidavits and briefs in support of the restraining order and the motion for preliminary injunction must be served upon the adverse party, and the time for filing of opposition, counter-affidavits and briefs. Rule 2.15. Petitions for judicial review other than pursuant to the Nevada Administrative Procedure Act. (a) A petitioner seeking judicial review under authority other than NRS 233B must serve and file a memorandum of points and authorities in support thereof within 21 days after the record of the proceeding under review has been filed with the court. (b) The respondent must serve and file a memorandum of points and authorities in opposition thereto within 21 days after service of petitioner’s points and authorities. (c) Petitioner may serve and file reply points and authorities not later than 7 days after service of respondent’s opposition. (d) After petitioner’s time to reply has expired, either party may serve and file a notice of hearing setting the petition for hearing on a day when the judge to whom the case is assigned is hearing civil motions, and which is not less than 7 days from the date the notice is served and filed. (e) All memoranda of points and authorities filed in proceedings involving petitions for judicial review must be in the form provided for appellate briefs in Rule 28 of the Nevada Rules of Appellate Procedure. (f) Rules 2.22 through 2.28 apply to the hearing of petitions for judicial review. Rule 2.16. Petitions for judicial review pursuant to the Nevada Administrative Procedure Act. A request for hearing pursuant to NRS 233B.133(4) must be in the form of a notice setting the petition for hearing on a day when the judge to whom the case is assigned is hearing civil motions, and which is not less than 7 days from the date the notice is served and filed. Rule 2.17. First Amendment extraordinary writs. (a) A petitioner seeking review of a claim of prior restraint under the First Amendment to the United States Constitution must label the extraordinary writ and points and authorities “First Amendment Writ.” Points and authorities in support of the writ must be served and filed concurrently with the writ, and petitioner must immediately deliver a courtesy copy of the writ and points and authorities to the assigned department. (b) The respondent must serve and file a memorandum of points and authorities in opposition thereto within 15 days after service of petitioner’s points and authorities. (c) Petitioner may serve and file reply points and authorities not later than 3 days after service of respondent’s opposition. (d) Within 25 days after the writ and accompanying points and authorities are filed and a courtesy copy delivered to the assigned department, the court shall conduct a hearing. The court shall rule on the writ within 30 days after the writ and accompanying points and authorities are filed and a courtesy copy delivered to the assigned department. (e) All memoranda of points and authorities filed in proceedings involving First Amendment Writs must be in the form provided for appellate briefs in Rule 28 of the Nevada Rules of Appellate Procedure. (f) Rule 2.22 through 2.28 apply to the hearing of First Amendment Writs. [Added; effective May 25, 1999.] Rule 2.20. Motions; contents; responses and replies. (a) All motions must contain a notice of motion setting the same for hearing on a day when the judge to whom the case is assigned is hearing civil motions and not less than 21 days from the date the motion is served and filed. A party filing a motion must also serve and file with it a memorandum of points and authorities in support of each ground thereof. The absence of such memorandum may be construed as an admission that the motion is not meritorious, as cause for its denial or as a waiver of all grounds not so supported. (b) Within 10 days after the service of the motion, the opposing party must serve and file written opposition thereto, together with a memorandum of points and authorities and supporting affidavits, if any, stating facts showing why the motion should be denied. Failure of the opposing party to serve and file written opposition may be construed as an admission that the motion is meritorious and a consent to granting the same. (c) An opposition to a motion which contains a motion related to the same subject matter will be considered as a counter-motion. A counter-motion will be heard and decided at the same time set for the hearing of the original motion and no separate notice of motion is required. (d) A moving party may file a reply memorandum of points and authorities not later than 5 days before the matter is set for hearing. A reply memorandum must not be filed within 5 days of the hearing or in open court unless court approval is first obtained. (e) A memorandum of points and authorities which consists of bare citations to statutes, rules, or case authority does not comply with this rule and the court may decline to consider it. Supplemental briefs will only be permitted if filed within the original time limitations of paragraphs (a), (b), or (d), or by order of the court. (f) If all the civil trial judges in this district are disqualified from hearing a case, a notice of motion must state: “Please take notice that the undersigned will bring the above motion on for hearing before a visiting or senior judge at such time as shall be prescribed by the court administrator.” Rule 2.21. Affidavits on motions. (a) Factual contentions involved in any pre-trial or post-trial motion must be initially presented and heard upon affidavits, depositions, answers to interrogatories, and admissions on file. Oral testimony will not be received at the hearing, except upon the stipulation of parties and with the approval of the court, but the court may set the matter for a hearing at a time in the future and require or allow oral examination of the affiants to resolve factual issues shown by the affidavits to be in dispute. This provision does not apply to an application for a preliminary injunction pursuant to N.R.C.P. 65(a). (b) Each affidavit shall identify the affiant, the party on whose behalf it is submitted, and the motion or application to which it pertains and must be served and filed with the motion, opposition, or reply to which it relates. (c) Affidavits must contain only factual, evidentiary matter, conform with the requirements of N.R.C.P. 56(e), and avoid mere general conclusions or argument. Affidavits substantially defective in these respects may be stricken, wholly or in part. Rule 2.22. Motions; appearance of counsel and stipulations for extension of time. (a) Unless the date for the hearing of a motion is vacated or continued as provided in these rules, counsel for all parties to the motion must appear on the date and at the time set for hearing. (b) Counsel may not remove motions from the calendar by calling the clerk’s office or the judge’s chambers. If the date for the hearing of the motion has been noticed by counsel, all interested parties to the motion may stipulate to vacate or continue the hearing of the motion. Written stipulations must be filed not less than 1 full judicial day before the hearing date. Unless otherwise directed by the court, if the stipulation is not in writing, counsel for movant must appear at the hearing to present the oral stipulation. A hearing date which has been vacated or continued by stipulation may only be reset by stipulation or with a new notice of motion setting the same for hearing not less than 7 days from the date the new notice or stipulation is filed. If the date for the hearing of the motion has been set by the judge, counsel must obtain the judge’s approval before the hearing of the motion will be continued or vacated. (c) All interested parties to a motion may stipulate to continue the day fixed for the filing of a response or reply thereto. Such stipulation is ineffective unless it: (1) Is in writing, (2) Is filed with the clerk before the day fixed for filing the response or reply, and (3) Contains an agreement extending the date for the hearing of the motion not less than the number of days granted as a continuance for the filing of the response or reply. (d) When it appears to the court that a written notice of motion has been given, the court may not, unless the other business of the court requires such action, continue the matter specified in the notice except as provided in this rule or upon a showing by motion supported by affidavit or oral testimony that such continuance is in good faith, reasonably necessary and is not sought merely for delay or by reason of neglect.

Vegas Law