Rule 2.23. Motions decided without oral argument. (a) At the request of a judge, the clerk must promptly bring to the judge’s attention every motion to which no response has been timely filed. The clerk must also submit all motions, whether responded to or not, to the judge not less than 3 days before the scheduled hearing. (b) The judge may consider the motion on its merits at anytime with or without oral argument, and grant or deny it. (c) When a judge decides a motion before the hearing date, it must be removed from the calendar and the clerk must enter an order upon the minutes of the court reflecting the action taken. Rule 2.24. Rehearing of motions. (a) No motions once heard and disposed of may be renewed in the same cause, nor may the same matters therein embraced be reheard, unless by leave of the court granted upon motion therefor, after notice of such motion to the adverse parties. (b) A party seeking reconsideration of a ruling of the court, other than any order which may be addressed by motion pursuant to N.R.C.P. 50(b), 52(b), 59 or 60, must file a motion for such relief within 10 days after service of written notice of the order or judgment unless the time is shortened or enlarged by order. A motion for rehearing or reconsideration must be served, noticed, filed and heard as is any other motion. A motion for reconsideration does not toll the 30-day period for filing a notice of appeal from a final order or judgment. (c) If a motion for rehearing is granted, the court may make a final disposition of the cause without reargument or may reset it for reargument or resubmission or may make such other orders as are deemed appropriate under the circumstances of the particular case. Rule 2.25. Extending time. (a) Every motion or stipulation to extend time shall inform the court of any previous extensions granted and state the reasons for the extension requested. A request for extension made after the expiration of the specified period shall not be granted unless the moving party, attorney or other person demonstrates that the failure to act was the result of excusable neglect. Immediately below the title of such motion or stipulation there shall also be included a statement indicating whether it is the first second, third, etc., requested extension. (b) Ex parte motions for extension of time will not ordinarily be granted. When, however, a certificate of counsel shows good cause for the extension and a satisfactory explanation why the extension could not be obtained by stipulation or on notice, the court may grant, ex parte, an emergency extension for only such a limited period as may be necessary to enable the moving party to apply for a further extension by stipulation or upon notice, with the time for hearing shortened by the court. [Amended; effective October 13, 2005.] Rule 2.26. Shortening time. Ex parte motions to shorten time may not be granted except upon an affidavit or certificate of counsel describing the circumstances claimed to constitute good cause and justify shortening of time. If a motion to shorten time is granted, it must be served upon all parties promptly. An order which shortens the notice of a hearing to less than 10 days may not be served by mail. In no event may the notice of the hearing of a motion be shortened to less than 1 full judicial day. Rule 2.27. Exhibits. Exhibits that are submitted to the court that are in excess of 10 pages in length must be numbered consecutively in the lower right-hand corner of the document. [Added; effective October 13, 2005.] Rule 2.28. Notice of and compliance with decision. An order of the court shall fix the time within which the order is to be complied. The party who obtains the order shall serve notice on the party whose compliance is required. Unless otherwise required, the time for complying with an order begins when service is made in the manner required by N.R.C.P. 4. Rule 2.30. Amended pleadings. (a) A copy of a proposed amended pleading must be attached to any motion to amend the pleading. Unless otherwise permitted by the court, every pleading to which an amendment is submitted as a matter of right, or has been allowed by order of the court, must be re-typed or re-printed and filed so that it will be complete in itself, including exhibits, without reference to the superseded pleading. No pleading will be deemed to be amended until there has been compliance with this rule. (b) All amended pleadings must contain copies of all exhibits referred to in such amended pleadings. A pleader may, upon ex parte application, obtain an order from the court directing the clerk to remove any exhibit attached to prior pleadings and attach the same to the amended pleading. Rule 2.31. Exemptions from mandatory pre-trial discovery requirements. All cases which were not commenced by the filing of a complaint are exempt from the mandatory pre-trial discovery requirements of N.R.C.P. 16.1. Rule 2.34. Discovery disputes; conferences; motions; stays. (a) Unless otherwise ordered, all discovery disputes (except disputes presented at a pretrial conference or at trial) must first be heard by the discovery commissioner. (b) Upon reasonable notice, the discovery commissioner may direct the parties to appear for a conference with the commissioner concerning any discovery dispute. 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. (c) An available date and time for the setting of any noticed discovery motion must be obtained from the office of the discovery commissioner before the motion is filed and, for good cause, the commissioner may shorten or extend any of the times provided for in Rule 2.20. (d) Discovery motions may not be filed unless an affidavit of moving counsel is attached thereto setting forth that after a discovery dispute conference or a good faith effort to confer, counsel have been unable to resolve the matter satisfactorily. A conference requires either a personal or telephone conference between or among counsel. Moving counsel must set forth in the affidavit what attempts to resolve the discovery dispute were made, what was resolved and what was not resolved, and the reasons therefor. If a personal or telephone conference was not possible, the affidavit shall set forth the reasons. If the responding counsel fails to answer the discovery, the affidavit shall set forth what good faith attempts were made to obtain compliance. If, after request, responding counsel fails to participate in good faith in the conference or to answer the discovery, the court may require such counsel to pay to any other party the reasonable expenses, including attorney’s fees, caused by the failure. When a party is not represented by counsel, the party shall comply with this rule. (e) The commissioner may stay any disputed discovery proceeding pending resolution by the judge. (f) Following the hearing of any discovery motion, 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 findings and recommendations in accordance with Rules 7.21 and 7.23. The clerk of the court or the discovery commissioner designee shall forthwith serve a copy of the report on all parties. The report is deemed received 3 days after the clerk of the court or discovery commissioner designee places a copy in the attorney’s folder in the clerk’s office or 3 days after mailing to a party or the 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 discovery commissioner. Failure to file a timely objection shall result in an automatic affirmance of the recommendation. (g) Papers or other materials submitted for the discovery commissioner’s in camera inspection must be accompanied by a captioned cover sheet complying with Rule 7.20 which indicates that it is being submitted in camera. All in camera submissions must also contain an index of the specific items submitted. A copy of the index must be furnished to all other parties. If the in camera materials consist of documents, counsel must provide to the commissioner an envelope of sufficient size into which the in camera papers can be sealed without being folded. [Amended; effective October 13, 2005.] Rule 2.35. Extension of discovery deadlines. (a) Stipulations or motions to extend any date set by the discovery scheduling order must be in writing and supported by a showing of good cause for the extension and be received by the discovery commissioner within 20 days before the discovery cut-off date or any extension thereof. A request made beyond the period specified above shall not be granted unless the moving party, attorney or other person demonstrates that the failure to act was the result of excusable neglect. (1) All stipulations to extend any discovery scheduling order deadline shall be lodged with the discovery commissioner and shall include on the last page thereof the words ‘‘IT IS SO ORDERED’’ with a date and signature block for the commissioner or judge’s signature. (2) A motion to extend any discovery scheduling order deadline shall be set in accordance with Rule 2.34(c). (b) Every motion or stipulation to extend or reopen discovery shall include: (1) A statement specifying the discovery completed; (2) A specific description of the discovery that remains to be completed; (3) The reasons why the discovery remaining was not completed within the time limits set by the discovery order; (4) A proposed schedule for completing all remaining discovery; (5) The current trial date; and (6) Immediately below the title of such motion or stipulation a statement indicating whether it is the first, second, third, etc., requested extension, e.g.: STIPULATION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY (FIRST REQUEST) (c) The court may set aside any extension obtained in contravention of this rule. [Added; effective October 13, 2005.] Rule 2.40. Responding to discovery requests. Answers to interrogatories must set forth each question in full before each answer. Each objection to an interrogatory, a request for admission, or a demand for production of documents and each application for a protective order must include a verbatim statement of the interrogatory, question, request or demand, together with the basis for the objection. A demand to compel further answer to any written discovery must set forth in full the interrogatory or request and the answer or answers thereto. [Amended; effective October 13, 2005.] Rule 2.47. Motions in limine. All motions in limine to exclude or admit evidence must be in writing and filed not less than 5 weeks prior to the date set for trial and must be heard not less than 15 days prior to trial. The court may refuse to sign orders shortening time and to consider any oral motion in limine and any motion in limine which is not timely filed or noticed. Rule 2.50. Consolidation. (a) Motions for consolidation of two or more cases must be heard by the judge assigned to the case first commenced. If consolidation is granted, the consolidated case will be heard before the judge ordering consolidation. (b) Documents filed subsequent to consolidation shall list all case numbers and captions, with the lowest number appearing first, and the clerk shall be provided sufficient copies for each case number so listed.

Vegas Law