Rule 2.55. Discovery scheduling order. (a) All cases which were not commenced by the filing of a complaint are exempt from the entry of a scheduling order pursuant to N.R.C.P. 16(b). (b) Except in actions exempted by the trial court as inappropriate, the discovery commissioner or judge shall, after receiving input from the attorneys for the parties and any unrepresented parties by way of a case conference report and/or a scheduling conference, enter a scheduling order that limits the time: (1) to complete discovery obligations; (2) to join other parties and to amend the pleadings; and (3) to file and hear dispositive motions. (c) When a trial date is vacated without resetting, the judge should direct the discovery commissioner to enter an amended scheduling order. [Amended; effective October 13, 2005.] Rule 2.60. Trial setting orders. (a) A case commenced by the filing of a complaint must first have a scheduling order entered before a trial date is set. If the scheduling order is entered by a discovery commissioner, the commissioner must also notify the trial judge of the earliest reasonable date that the case will be ready for trial. The court will prepare, serve and file a notice or order setting the case for trial. (b) In the trial setting order the court may in its discretion set dates for the attorneys for the parties and any unrepresented parties to appear before it for pretrial conferences to facilitate settlement, to participate in a calendar call, to complete pretrial motion practice (in addition to that set forth in the scheduling order) and to discuss any other matters, as set forth in N.R.C.P. 16(c). (c) When a case which was not commenced by the filing of a complaint is at issue, any party may request the setting of a trial date by filing and serving on all other parties a “Request for Trial Setting” in which the party shall represent that no pleading is unanswered and that no other parties will be summoned to appear prior to the trial. (d) The court may request that the clerk set a next appearance date for each case and trial dates may be set at the direction of the judge. [Amended; effective October 13, 2005.] Rule 2.65. Notice of scheduling and trial setting orders. (a) The clerk must maintain a folder for each practicing attorney with cases pending in the Eighth Judicial District Court. Periodically, scheduling orders shall be placed by a designee of the discovery commissioner’s office in each attorney’s folder; similarly, a designee of the trial judge shall place trial setting orders in each attorney’s folder or have them delivered by facsimile or mail. (b) Placing the scheduling and trial setting orders in the folders constitutes notice to the attorney of the matter contained in each order. It is the responsibility of each attorney to obtain the material placed in the attorney’s folder. (c) A designee of the judge must promptly notify each litigant appearing in proper person of a trial setting by mail and the discovery commissioner must provide notice of the scheduling order in the same manner. Additionally, the commissioner or judge’s office may notify counsel of scheduling or trial setting orders by mail or facsimile transmission when appropriate. [Amended; effective October 13, 2005.] Rule 2.67. Meetings of counsel before calendar call or final pretrial conference; pretrial memorandum. (a) Prior to any calendar call or final pretrial conference, the designated trial attorneys for all the parties must meet together to exchange their exhibits and lists of witnesses, and arrive at stipulations and agreements, all for the purpose of simplifying the issues to be tried. The plaintiff must designate the time and place of the meeting which must be within Clark County, unless the parties agree otherwise. At this conference between counsel, all exhibits must be exchanged and examined and counsel must also exchange a list of the names and addresses of all witnesses, including experts, to be called at the trial. The attorneys must then prepare a joint pretrial memorandum which must be served and filed not less than 15 days before the date set for trial. If agreement cannot be reached, a memorandum must be prepared separately by each attorney and so submitted. A courtesy copy of each memorandum must be delivered to the court at the time of filing. (b) The pretrial memorandum must be as concise as possible and must state the date the conference between the parties was held, the persons present, and include in numerical order the following items: (1) A brief statement of the facts of the case. (2) A list of all claims for relief designated by reference to each claim or paragraph of a pleading and a description of the claimant’s theory of recovery with each category of damage requested. (3) A list of affirmative defenses. (4) A list of all claims or defenses to be abandoned. (5) A list of all exhibits, including exhibits which may be used for impeachment, and a specification of any objections each party may have to the admissibility of the exhibits of an opposing party. If no objection is stated, it will be presumed that counsel has no objection to the introduction into evidence of these exhibits. (6) A list of the witnesses (including experts), and the address of each witness which each party intends to call. Failure to list a witness, including impeachment witnesses, may result in the court’s precluding the party from calling that witness. (7) A brief statement of each principal issue of law which may be contested at the time of trial. This statement shall include with respect to each principal issue of law the position of each party. (8) An estimate of the time required for trial. (9) Any other matter which counsel desires to bring to the attention of the court prior to trial. (c) When a party is not represented by an attorney the party must comply with this rule. Should the designated trial attorney or any party in proper person fail to comply, a judgment of dismissal or default or other appropriate judgment may be entered or other sanctions imposed. (d) The above requirements are in addition to the requirements mandated of counsel by N.R.C.P. 16.1(a)(3). [Amended; effective October 13, 2005.] Rule 2.68. Final pre-trial conference. (a) At the request of court or counsel, the court may conduct a pre-trial conference. Such conference may be held three weeks prior to trial or at any other time convenient to the court and counsel. (b) At the pre-trial conference, the court may consider the following subjects: (1) Prospects of settlement. (2) Use of depositions at trial in lieu of live testimony. (3) Time required for trial. (4) Alternate methods of dispute resolution. (5) Readiness of case for trial. (6) Any other matters. (c) The pre-trial conference must be attended by designated trial counsel who are knowledgeable and prepared for such conference. Should the designated trial counsel fail to appear at the pre-trial conference or to comply with this rule, an ex parte hearing may be held and judgment of dismissal or default or other appropriate judgment entered or other sanctions imposed. Rule 2.69. Calendar call. (a) Unless otherwise directed by the court, trial counsel must bring to calendar call: (1) All exhibits already marked by counsel for identification purposes. (2) Typed exhibit lists with all stipulated exhibits marked as admitted. (3) Jury instructions in 2 groups: the agreed upon set and the contested set. The contested instructions must contain the name of the party proposing the same and the citations relied upon for authority.

Vegas Law