(4) Proposed voir dire questions. (5) Original depositions. (6) A list of equipment needed for trial which is not usually found in the courtroom, i.e., overhead, VCR and monitor, view box, etc. At calendar call the court or its designee will inform counsel if such equipment is available in house or if counsel must procure the same and bring to the courtroom. (7) Courtesy copies of legal briefs on trial issues. Originals must be filed and a copy served on opposing counsel at or before the close of trial. (b) All subpoenas for production of medical records as authorized by NRS 52.325 (if not already produced) or for the production of records of a hotel or casino must direct the custodian of records to appear at calendar call and lodge such documents rather than at trial. (c) Failure of trial counsel to attend calendar call and/or failure to submit required materials shall result in any of the following which are to be ordered within the discretion of the court: (1) Dismissal of the action. (2) Default judgment. (3) Monetary sanctions. (4) Vacation of trial date. (5) Any other appropriate remedy or sanction. (d) At the calendar call the court may schedule a conference to be held prior to the commencement of trial at which the following issues are resolved: (1) Any legal or evidentiary issues anticipated to be raised by the parties during trial. (2) Jury instructions and verdict forms; (3) Proposed voir dire questions; (4) Any stipulations to the admission of proposed exhibits; (5) The prescreening of any demonstrative or illustrative exhibits to be used with the jury; (6) Any objections by the parties to allowing jurors to ask questions under the procedures set forth in Flores v. State, 114 Nev. 910 (1998); (7) The scheduling of witnesses to ensure limited delays in the proceedings and any proposals by the parties regarding clustering of expert witness testimony; (8) The portions of any depositions to be read or shown by videotape to the jury and any objections to the portions; and (9) The content of notebooks to be provided to the jury. [Amended; effective October 13, 2005.] Rule 2.70. Default judgment. (a) An application for a judgment by default, irrespective of the amount of the proposed judgment, must be made upon affidavit unless the court specifically requests the presentation of oral testimony. Supporting affidavits must be made on personal knowledge, not by the attorney representing the plaintiff; set forth such facts as would be admissible in evidence; show affirmatively that the affiant is competent to testify to the matters stated therein; and avoid mere general conclusions or argument. An affidavit substantially defective in these respects may be stricken, wholly or in part, and the court may decline to consider the application for the default judgment. (b) Unless written notice of the application is required or the prior consent of the court is obtained, a request for the entry of judgment by default under N.R.C.P. 55(b)(2) must be made without placing the matter on the motion calendar. The application, together with any supporting affidavits, must be left with the clerk who shall promptly deliver the same to the judge for consideration in chambers. Rule 2.75. Stipulations for dismissal. A stipulation which terminates a case by dismissal must also indicate whether or not a Request for Trial Setting or Scheduling Order has been filed and, if a trial date has been set, the date of that trial. Rule 2.80. Subpoenas for foreign deposition. (a) A party seeking the issuance from the clerk of a subpoena for the purpose of taking a foreign deposition in the district must present and tender to the clerk the following: (1) Copies of the papers required by the Uniform Foreign Depositions Act, NRS 53.060. (2) A cover sheet in the form required by Rule 7.20, with the title of the court as “Eighth Judicial District Court” and not the foreign court in which the action is pending. For purposes of Rule 7.20, the cover sheet must be described “Request for Foreign Deposition Subpoena.” (3) Such filing fees as may be required by law. (b) Upon compliance with subsection (a), the clerk must collect the required fee, assign a case number to the request, and retain for the clerk’s records the copies of the papers referred to in subsection (a)(1), as well as the cover sheet required by subsection (a)(2). (c) Subpoena(s) may then be issued and enforced in conformance with N.R.C.P. 45. (d) All subsequent proceedings involving the request or the issuance of a subpoena, including show cause proceedings, must be commenced by pleadings or papers bearing the case number as assigned above. [Amended; effective October 13, 2005.] Rule 2.90. Dismissal for lack of prosecution. (a) Any civil case which has been pending for more than 2 years and in which no action has been taken for more than 6 months may be dismissed, on the court’s own initiative, without prejudice. (b) Written notice of the entry of a dismissal pursuant to this rule must be given to each party who has appeared in the action, or to the attorney for that party. Placing a copy of the notice in the attorney’s folder maintained in the Office of the Clerk of the Court constitutes notice to that attorney. (c) A case which has been dismissed pursuant to this rule will be reinstated at the written request of a party or the party’s attorney if the request is filed within 30 days of the date of service of written notice of the entry of the dismissal. PART III. CRIMINAL PRACTICE Rule 3.01. Scope of rules. The rules in Part III govern the practice and procedure in all criminal proceedings except in juvenile cases expressly provided for in Title 5 of NRS. Rule 3.10. Consolidation and reassignment. (a) When an indictment or information is filed against a defendant who has other criminal cases pending in the court, the new case may be assigned directly to the department wherein a case against that defendant is already pending. (b) Unless objected to by one of the judges concerned, criminal cases, writs or motions may be consolidated or reassigned to any criminal department for trial, settlement or other resolution. Rule 3.20. Motions. (a) Unless otherwise provided by law or by these rules, all motions must be served and filed not less than 15 days before the date set for trial. The court will only consider late motions based upon an affidavit demonstrating good cause and it may decline to consider any motion filed in violation of this rule. (b) Except as provided in Rules 3.24 and 3.28, each motion must contain a notice of hearing setting the matter for hearing not less than 10 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. (c) Within 7 days after the service of the motion, the opposing party must serve and file written opposition thereto. 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 of the same. (d) Unless otherwise allowed by the court, all motions to increase or decrease bail must be in writing, supported by an affidavit of the movant or the movant’s attorney, and contain a notice of hearing setting the matter for hearing not less than 2 full judicial days from the date the motion is served and filed. The opponent to the motion may respond orally in open court.

Vegas Law