(e) Either the prosecutor or the defendant may place a matter on calendar by oral request to the clerk of the court made not later than 11:00 a.m. on the day preceding the date of the hearing. Such requests are to be used only to bring to the attention of the court a matter of an emergency nature or to place a case on calendar when the matter is to be resolved, such as by entry of a guilty plea or for dismissal. An oral request to the clerk to place a case on the calendar for the hearing of any other matter is improper. Rule 3.24. Discovery motions. (a) Any defendant seeking a court order for discovery pursuant to the provisions of NRS 174.235 or NRS 174.245 may make an oral motion for discovery at the time of initial arraignment. The relief granted for all oral motions for discovery will be as follows: (1) That the State of Nevada furnish copies of all written or recorded statements or confessions made by the defendant which are within the possession, custody or control of the State, the existence of which is known or by the exercise of due diligence may become known to the district attorney. (2) That the State of Nevada furnish copies of all results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with this case which are within the possession, custody or control of the State, the existence of which is known or by the exercise of due diligence may become known to the district attorney. (3) That the State of Nevada permit the defense to inspect and copy or photograph books, papers, documents, tangible objects, buildings, places, or copies or portions thereof, which are within the possession, custody or control of the State, provided that the said items are material to the preparation of the defendant’s case at trial and constitute a reasonable request. (b) Pursuant to NRS 174.255, the court may condition a discovery order upon a requirement that the defendant permit the State to inspect and copy or photograph scientific or medical reports, books, papers, documents, tangible objects, or copies or portions thereof, which the defendant intends to produce at the trial and which are within the defendant’s possession, custody or control provided the said items are material to the preparation of the State’s case at trial and constitute a reasonable request. Rule 3.28. Motions in limine. All motions in limine to exclude or admit evidence must be in writing and noticed for hearing not later than calendar call, or if no calendar call was set by the court, no later than 7 days before trial. The court may refuse to consider any oral motion in limine and any motion in limine which was not timely filed. Rule 3.40. Writs of habeas corpus. (a) Each petition for a writ of habeas corpus based on alleged want of probable cause or otherwise challenging the court’s jurisdiction to proceed to the trial of a criminal charge must contain a notice of hearing setting the matter for hearing 14 days from the date the petition is filed and served. In the event the judge to whom the case is assigned is not scheduled to hear motions on the 14th day following the service and filing of the petition, the notice must designate the next day when the judge has scheduled the hearing of motions. (b) Any other petition for writ of habeas corpus, including those alleging a delay in any of the proceedings before the magistrate or a denial of the petitioner’s right to a speedy trial, must contain a notice of hearing setting the matter for hearing not less than 1 full judicial day from the date the writ is filed and served. (c) All points and authorities in support of the petition for writ of habeas corpus must be served and filed at the time of the filing of the petition. The prosecutor must serve and file a return and a response to the petitioner’s points and authorities within 10 days from the receipt of a petition for a writ of habeas corpus based on alleged want of probable cause or otherwise challenging the court’s jurisdiction to proceed to the trial of a criminal charge. The prosecutor may serve and file a return and a response to the petitioner’s points and authorities in open court at the time noticed for the hearing on any other writ of habeas corpus. (d) The court reporter who takes down all the testimony and proceedings of the preliminary hearing must, within 15 days after the defendant has been held to answer in the district court, complete the certification and filing of the preliminary hearing transcript. (e) Ex parte applications for extensions of the 21-day period of limitation for filing writs of habeas corpus will only be entertained in the event that the transcript of the preliminary hearing or of the proceedings before the grand jury is not available within 14 days after the defendant’s initial appearance. Such ex parte applications must be accompanied by an affidavit of the defendant’s attorney that counsel has examined the file in the Office of the Clerk of the Court and that the transcript of the preliminary hearing or of the proceedings before the grand jury has not been filed within the 14-day period of limitation. Applications for extensions of time to file writs of habeas corpus must be for not more than 14 days. Further extensions of time will be granted only in extraordinary cases. Rule 3.44. Stay orders. An ex parte application for a stay of proceedings before a magistrate may only be made with the written consent of the State of Nevada. Any other application for a stay of proceedings before a magistrate may only be made after reasonable oral notice to the State. Rule 3.50. Extending time. (a) When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion, with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; but it may not extend the time for taking any action under Rule 3.40, except to the extent and under the conditions stated therein. (b) Ex parte motions to extend time may not be granted except upon an affidavit or certificate of counsel demonstrating circumstances claimed to constitute good cause and justify enlargement of time. Rule 3.60. 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. In no event may the notice of the hearing of a motion be shortened to less than 1 full judicial day. Rule 3.70. Papers which may not be filed. Except as may be required by the provisions of NRS 34.730 to 34.830, inclusive, all motions, petitions, pleadings or other papers delivered to the clerk of the court by a defendant who has counsel of record will not be filed but must be marked with the date received and a copy forwarded to that attorney for such consideration as counsel deems appropriate. This rule does not apply to applications made pursuant to Rule 7.40(b)(2)(ii). Rule 3.80. Release from custody; bail reduction. (a) When an individual is arrested on probable cause or on an arrest warrant, any district judge may, on an emergency basis only, unilaterally, without contact with a prosecutor, grant a release upon the individual’s own recognizance pursuant to NRS 178.4851 and 178.4853 or reduce the amount of bail below the standard bail, provided that the arrest is for a misdemeanor, gross misdemeanor, non-violent felony, or some combination thereof. Before the court may grant an own recognizance release or bail reduction, the court must be satisfied that the individual arrested will likely appear in court at the next scheduled appearance date and does not present a threat in the interim if released. Once the individual arrested makes an initial court appearance, all issues regarding custodial status shall be addressed by the judge assigned the case or any other judge specifically designated or authorized by the assigned judge. A judge designated or authorized by the assigned judge, or by court rule, may release an individual from a bench warrant for a misdemeanor, gross misdemeanor or non-violent felony, or some combination thereof. (b) When an individual is arrested on probable cause for a violent felony offense or on a bench warrant for a violent felony offense issued by the district court, Justice Court, or municipal court, a district judge shall not grant an own recognizance release or reduce the amount of bail established unless the judge provides an opportunity pursuant to NRS 178.486 for the prosecution to take a position thereon by telephone or in person, either in chambers or in open court. A district court judge may unilaterally increase bail for an individual arrested for a violent felony if the court is satisfied that the individual arrested will not likely appear in court at the next scheduled appearance date or presents a threat to the community in the interim if released. (c) Between the time of an individual’s arrest on probable cause, a bench warrant, or an arrest warrant and his or her subsequent court appearance, ex parte contact between the court and any person interested in the litigation regarding the individual’s custodial status shall be allowed. [Added; effective June 22, 2003.] PART IV. PROBATE; TRUSTS AND THE ADMINISTRATION OF ESTATES Rule 4.01. Scope of rules. The rules of Part IV govern the practice and procedure of all proceedings under Title 12 of NRS and all of Title 13 of NRS except Chapters 159, 160 and 161. [As amended; effective January 1, 2003.] Rule 4.10. Calendars. Subject to change by order of the chief judge, the probate calendar will be heard every Friday at 9:30 a.m. If a legal holiday falls on a Friday the probate calendar for that week will be heard at such time as set by the probate judge. Rule 4.14. Approved matters. (a) Under the supervision of the probate judge, the probate commissioner must prepare an approved list each week of probate matters which can be heard without further testimony or appearance. (b) In order to be on the approved list, the following must be strictly observed: (1) All petitions must be verified. (2) The petitions filed must be without objection. (3) Death certificates, if available, must be attached to the initial petition as an exhibit. (4) Where a bond is required, the petition must set forth with particularity the personal property of the estate together with the estimated amount of annual income from all sources. (5) The original order to be signed by the judge, together with any copies to be conformed, must be delivered to the probate commissioner not later than 4:00 p.m. on Tuesday of the week the matter is to be heard. Without a showing to the court of good cause, proposed orders not submitted within the time provided for in this rule will, on the noticed Friday, be continued for 1 week, or longer at the request of counsel, to enable compliance. [As amended; effective January 1, 2003.] Rule 4.16. Contested matters and referrals to probate commissioner. (a) The probate judge may hear whichever contested matters the judge shall select, and schedule them at the convenience of the judge’s calendar. The judge alone may also refer contested matters pertaining to the probate calendar to a master appointed by the judge for hearing and report. All other contested matters pertaining to the probate calendar will be assigned on a random basis to a civil trial judge, other than a trial judge serving in the family division. The judge to whom a matter is assigned may, upon resolution of the contested matter, return the case to the probate calendar, or continue with the case if further contested matters are expected. (b) In any civil action in which the capacity or standing of a party to represent a decedent or an estate is in question, the judge may refer the matter to the probate commissioner for determination of standing or capacity. The commissioner shall conduct a review of all necessary documents, conduct hearings as needed, prepare and file a written report containing findings, conclusions and a recommendation for resolution. The probate commissioner may direct counsel to prepare the commissioner’s report including the findings and recommendation in accordance with Rules 7.21 and 7.23. The probate 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 probate 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 10 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 probate commissioner. No points and authorities from any party or oral argument are permitted without leave of court. [As amended; May 28, 2004.] Rule 4.20. Continuances. (a) At the call of the calendar, if a matter is not ready for hearing or approved, it may be continued from week to week for not more than 4 weeks. After the fourth continuance, it will be ordered off calendar unless a motion for further continuance is granted by the court. If a continuance is requested, the probate commissioner must be notified not later than 4:00 p.m. on Wednesday of the week the matter is to be heard. A later request will be considered only by the court upon a showing of good cause.

Vegas Law