(b) When a petition for probate of a will is called for hearing, and any person appears and orally objects by declaring a desire to file a written contest, the court will continue the hearing with the understanding that if a contest is not actually on file at the new hearing date, the hearing will proceed. (c) At the call of the calendar, if objection or exception is taken to any matter on the approved list, and petitioner or petitioner’s counsel is not present, the court may continue the matter to allow the filing of written objections or exceptions and giving notice thereof to petitioner. Such continuance must be made, and petitioner or petitioner’s counsel notified, in any case wherein the court proposes to effect a substantial change in the relief prayed for. [As amended; effective January 1, 2003.] Rule 4.30. Consolidations with the lowest number. (a) Whenever it appears that two or more petitions with different numbers have been filed with reference to the same probate or trust matter, the court may on its own motion consolidate all of the matters with the matter bearing the lowest number. (b) Where a complete consolidation of proceedings is ordered, the clerk, unless otherwise ordered by the court, must file such consolidated proceeding and all subsequent papers relating thereto under the number assigned to the case which was filed first. [As amended; effective January 1, 2003.] Rule 4.40. Petitions for probate of wills and/or codicils. (a) When a petition for probate of a will and/or a codicil is filed and the original of the document being offered for probate is not already filed with the clerk, it must be filed concurrently with the petition. If the will is holographic, a typewritten copy of the document must also accompany the petition. The caption must clearly indicate the nature of the petition filed; e.g., Petition for Probate of Will and Letters Testamentary; Petition for Probate of Will and Letters of Administration with Will Annexed; Petition for Letters of Administration. (b) In addition to filing the original documents with the clerk, copies of any documents offered for probate must be attached to the petition for examination by the probate commissioner. Rule 4.50. Contents of probate orders. All orders or decrees in probate or trust matters shall set forth completely all matters actually passed on by the court and shall not merely refer to corresponding provisions of the petition. Probate or trust orders should be so drawn that their general effect may be determined without reference to the petition on which they are based. Orders must not be drawn so that only the signature of the court, or the date and signature, appear on a page, nor may any matter appear after the signature of the court. The name, address and signature of the submitting attorney must appear on all orders. [As amended; January 1, 2003.] Rule 4.60. Content of accounting. All accounts filed in probate proceedings, and trust accounts, must contain a summary or recapitulation showing: (1) For the first accounting, the total value of all original assets as shown in the inventory filed. (2) All accounting subsequent to the first accounting must start with the ending figure of the prior accounting. (3) Amount of receipts excluding capital items. (4) Gains on sales or other disposition of assets, if any. (5) Amount of disbursements and distributions made during that period. (6) Losses on sales or other disposition of assets, if any. (7) A recapitulation and value of property on hand. [As amended; effective January 1, 2003.] PART V. FAMILY DIVISION MATTERS; GUARDIANSHIPS Rule 5.01. Scope of rules. (a) The rules in Part V govern the practice and procedure in all family division matters, except paternity, juvenile, and reciprocal support act cases which may be governed by different rules or statutes. Whether or not the court prescribes any rules for these divisions of family court, the court, with the approval of the supreme court, has the inherent power to prescribe rules and policies for the conduct of proceedings in those cases. Part V also governs matters of child custody, visitation and child support in paternity cases once paternity has been established. (b) Support cases prosecuted by a public agency shall be governed by the procedures set forth in the Nevada Revised Statutes and any federal law. Objections to a decision of a hearing master’s report shall be heard by the judge assigned to that case in accordance with Rule 5.42. (c) Rules 5.91 through 5.995 govern practice and procedure in all guardianship proceedings under Title 13 of the Nevada Revised Statutes. [Amended; effective August 21, 2000.] Rule 5.02. Hearings may be private. (a) In any contested action for divorce, annulment, separate maintenance, breach of contract or partition based upon a meretricious relationship, custody of children or spousal support, the court must, upon demand of either party, direct that the trial or hearing(s) on any issue(s) of fact joined therein be private and upon such direction, all persons shall be excluded from the court or chambers wherein the action is heard, except officers of the court, the parties, their witnesses while testifying, and counsel. (b) In appropriate cases when a party has demanded that the trial or hearing be private, the court may nevertheless permit an expert witness either called by the court or by a party to remain in the courtroom to observe and hear other relevant portions of the proceedings, including the testimony of other witnesses, when the court has determined that such action would promote the interests of justice or the best interest of a child. [Amended; effective August 21, 2000.] Rule 5.03. Confidentiality, best interests of children. Absent a written order of the court to the contrary, all lawyers, litigants, witnesses or other parties privy to matters being heard by the family division are prohibited from: (a) Discussing the issues, proceedings, pleadings, or papers on file with the court with the minor children of the litigants; (b) Allowing any minor child to review the record of the proceedings before the court, whether in the form of transcripts, audio cassettes or audio-visual tapes; or (c) Leaving such materials in a place where it is likely or foreseeable that a child will access those materials. [Amended; effective August 21, 2000.] Rule 5.04. Standards of conduct. All lawyers and pro se litigants involved in matters before the family division should aspire to compliance with the American Academy of Matrimonial Lawyer’s standards of conduct, the Bounds of Advocacy (1991 Edition). Rule 5.05. Filing of case required before application for judicial order. 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. [Amended; effective August 21, 2000.] Rule 5.06. Minor children; appearance at courthouse. Unless authorized in advance by a judge, master, commissioner, Family Mediation Center (FMC) specialist or Court Appointed Special Advocate (CASA) representative, no minor child of the parties shall be brought to the courthouse for any court hearing, trial, CASA or FMC appointment which concerns that child or the child’s parents. In exceptional cases, the judge, master or commissioner may interview minor children in chambers outside the presence of counsel and the parties. Minor children will not be permitted to testify in open court unless the judge, master, or commissioner determines that the probative value of the child’s testimony substantially outweighs the potential harm to the child. The court may impose sanctions for a willful violation of this rule by either a litigant or counsel. [Amended; effective August 21, 2000.] Rule 5.07. Seminar for separating parents. (a) All parties in all domestic relations actions under Chapters 125, 125A, and 126 of the Nevada Revised Statutes, where the interests of a child under the age of 18 years are involved, shall successfully complete the seminar for separating parents approved by the family division of the court. (b) The seminar shall be successfully completed within 45 days of service of the initial complaint or petition upon the defendant. (c) No action shall proceed to final hearing or order until there has been compliance with this rule; provided, however, that non-compliance by a parent who enters no appearance shall not delay the final hearing. The trial judge hearing the matter may take other appropriate action to compel attendance, including but not limited to action for contempt. (d) For good cause shown, the assigned trial judge may waive the requirement of completion of this program in individual cases. Rule 5.09. Procedure in divorce cases. (1) An application or joint petition for divorce filed pursuant to NRS 125.123 or NRS 125.181 to 125.184, inclusive, shall be submitted to the court for consideration without hearing.

Vegas Law