(2) In addition to those matters described above, all contested divorces which are settled by the parties with all issues resolved, uncontested divorces and all annulments, may be submitted without hearing by agreement of the parties and with the approval of the court. (3) Affidavits in divorce cases shall comply with the requirements of N.R.C.P. 56(e). (4) Affidavits of residence witnesses shall state the affiant’s residence address and the length of time affiant has resided in this state. The affiant shall state: (a) That the affiant is personally acquainted with the party to the action whose residence is being corroborated; (b) The party’s residence address; (c) The date from which the affiant knows that the party has resided at that address and the total length of time affiant knows that the party has resided in the State of Nevada. If the jurisdiction of the court is based upon the minimum legal residency, the affiant shall specify the days that the party has been physically present in Nevada. [Added; effective January 1, 2003.] Rule 5.10. Uncontested family division matters. Unless permitted by statute or ordered by the court, uncontested matters including, but not limited to, divorces, annulments, separate maintenance, and termination of parental rights actions, except termination rights actions heard by the juvenile judge, will be heard on any day and time that the assigned judge is hearing uncontested matters. A request that the court hear one of these cases must be made to the clerk not later than 2 judicial days before the day on which the case is to be heard. All relevant papers must be filed with the clerk at or before the time the request for the uncontested setting is made. If a department to which a case has been assigned is unexpectedly absent on the date for which an uncontested hearing is set, uncontested family matters may be heard by any other department. [Amended; effective August 21, 2000.] Rule 5.11. Law and motion; oral argument; requirement to attempt resolution. (a) Before any family division motion is heard by the court, the movant must attempt to contact and communicate with the other party’s counsel, or that party if unrepresented, in an attempt to resolve the issue or issues in dispute without the necessity of court intervention. Failure to comply with this provision may result in sanctions being imposed against the movant and an award of attorney’s fees and costs to the non-movant if the issues would have, in the opinion of the court, been resolved if the movant had attempted to resolve the issues prior to the hearing. At the time of filing, the motion or countermotion will be calendared for a date and time on the court’s law and motion calendar. Under the date and time of hearing on a motion or countermotion will be typed “ORAL ARGUMENT REQUESTED: Yes.......... No..........” The movant will check either Yes or No to indicate whether or not oral argument is requested. (b) If the movant has set a motion or countermotion for hearing and the non-movant does not file an opposition or response in a timely manner pursuant to these rules, the movant may file a Request for Submission on a form approved by the court. A proposed order will be submitted therewith. The Request for Submission must state the date and time of the hearing previously set and must request the same be vacated. Upon receiving the Request for Submission, the judge assigned the case will sign the proposed order unless it is clearly erroneous, if the court lacks jurisdiction to do so, or the court determines the interests of justice or the best interest of the parties’ child(ren) would not be promoted by granting the request. The proposed order must set forth the previously set date and time of oral argument and vacate the same. (c) If the respondent files a timely response, opposition or defense to the motion or countermotion pursuant to these rules, the movant may file a timely reply to the same pursuant to these rules. No additional papers may be filed by or on behalf of either party without leave of the court. (d) Whether a case is set for oral argument or not, the family division motions must comply with the requirements of all of the applicable rules of the Eighth Judicial District Court, including, but not limited to, Rule 2.20, to the extent they are not inconsistent with any requirement of Rule 5 in which case the requirement of Rule 5 will prevail. (e) The court may issue its decision on the papers without oral argument as provided by Rule 2.23. In its discretion, the court may permit oral argument on motions not related to the custody of or visitation with a child. The court may issue its decision in open court at the commencement of the hearing, in open court after oral argument, or issue its decision at a later time. [Amended; effective August 21, 2000.] Rule 5.12. Expert testimony and reports. (a) No party to an action pending before the court may cause a child who is subject to the jurisdiction of the court to be examined by a therapist, counselor, psychologist or similar professional for the purpose of obtaining an expert opinion for trial or hearing except upon court order, upon written stipulation of the parties or pursuant to the procedure prescribed by N.R.C.P. 35. (b) When it appears an expert medical, psychiatric or psychological evaluation is necessary for the parties or their child(ren), the parties are encouraged to stipulate to retention of one expert. Upon request of either party, or on its own initiative, the court may appoint a neutral expert if the parties cannot agree on one provider. The parties are responsible for all fees. [Added; effective August 21, 2000.] Rule 5.13. Child interview and outsource evaluation reports. (a) A written child interview report or outsource evaluation report prepared by the Family Mediation Center or an outsource evaluator shall be delivered to the judge in chambers. Only the parties and their attorneys are entitled to read the written reports, which are confidential except as provided by order of the judge. (b) Only a licensed attorney may retain possession of a written report outside the court. An attorney retaining a copy of a written report may not make copies of the report or disclose its contents to anyone without advance permission of the judge. If an attorney retaining a copy of a written report leaves the case, the attorney may not give the written report to the client. The attorney must either turn the written report over to another licensed attorney who has appeared as successor counsel for that party or return the written report to the judge or hearing master who ordered the report. (c) No copy of a written report, or any part thereof, may be made an exhibit to, or a part of, the open court file except by the judge. No child who is the subject of a written report may see a copy of the report or be advised of its contents by anyone. No party may reproduce a copy of a written report or any part thereof or share the contents of a written report with any other person. A written report may be received as direct evidence of the facts contained therein that are within the personal knowledge of the specialist who prepared the report. (d) If a party is proceeding in proper person, that party may not retain a copy of a written report. That party is entitled to read a written report in the judge’s courtroom or chambers or at such other place designated by the judge. (e) Any confidential exhibits attached to a written report may not be distributed to anyone without an order of the court. Such exhibits may be viewed, upon request of counsel or a party proceeding in proper person, in the judge’s courtroom or chambers or such other place designated by the judge. Statements of a child may only be viewed upon order of the court. (f) The original written report and any confidential exhibits must be returned to the clerk and sealed in a separate file or kept by the judge in chambers subject to the direction of the judge who is assigned the case. This separate file may not be viewed by or released to anyone except a judicial officer or an employee of a judicial officer without an order from the court. [Added; effective November 27, 2003.] Rule 5.20. Preliminary injunctions and temporary restraining orders. (a) Rule 2.10 governs all requests for temporary restraining orders and preliminary injunctions except for orders or injunctions issued under Rule 5.21 (residences), 5.22 (domestic violence) or 5.85 (joint preliminary injunction). (b) Any evidence received upon an application for a preliminary injunction which would be admissible at the trial on the merits or any hearing to resolve parent-child issues becomes part of the record on the trial or hearing and need not be repeated at the trial or hearing. (c) A motion for a temporary restraining order or preliminary injunction must be supported by an affidavit upon personal knowledge setting forth in detail the facts in justification of such relief. (d) Ex parte motions for restraining orders granting temporary relief on matters involving property, custody, visitation and support of children, spousal support or any other issue not governed by Rule 5.21, 5.22 or 5.85 will be considered only in cases of extreme emergency. (e) Ex parte motions must be supported by an affidavit upon personal knowledge describing in detail the facts constituting the urgency and a certification in writing by the moving parties’ attorney of the efforts, if any, which have been made to give notice to the adverse party and the reasons supporting the claim that notice should not be required. (f) Every temporary restraining order granted without notice shall be indorsed with the date and hour of issuance; shall be filed forthwith in the clerk’s office and entered of record; state why the order was granted without notice; and shall expire by its terms within such time after entry, not to exceed 30 days, as the court fixes, unless within such time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents to an extension for a longer period. The reasons for the extension shall be entered of record. (g) In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set for hearing at the earliest possible time. When the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a preliminary injunction and, if the party does not do so, the court shall dissolve the temporary restraining order. (h) On 10 days’ notice to the party who obtained the temporary restraining order, without notice, or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move for its dissolution or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require. (i) Form and scope of injunction or restraining order: (1) Every order granting an injunction and every restraining order shall set forth with specificity the reasons for its issuance, and shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained. The order is binding on the parties to the action, their officers, agents, servants, employees, and attorneys, and on those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise. (2) No temporary restraining order may be granted unless coupled with an order fixing the time for hearing a motion for preliminary injunction. (3) Orders granting a preliminary injunction or temporary restraining orders must fix the time within which the restraining order, if any, and all pleadings, affidavits and briefs in support of the restraining order and the motion for preliminary injunction must be served on the adverse party, and the time for filing of the adverse party’s opposition, counter-affidavits and briefs. [Amended; effective August 21, 2000.] Rule 5.21. Temporary restraining orders regarding residence. (a) Except as provided in paragraph (c), if both parties to a domestic relations matter are living in the community residence at the time the order is requested, or if the other party is in sole possession of the community residence at such time, a motion by a party for immediate temporary exclusive possession of the community residence or for a preliminary injunction requesting the same relief will only be considered after notice to the other party. The motion must be supported by an affidavit upon personal knowledge setting forth in detail the facts in justification of such motion. (b) If the other party is not living in the community residence at the time a party makes a request for exclusive possession of that residence, an appropriate ex parte restraining order will be considered by the court, subject to modification upon motion noticed as required in paragraph (a) of this rule. Such application must be supported by an affidavit upon personal knowledge setting forth in detail the facts in justification of such motion (c) Ex parte motions for restraining orders granting temporary exclusive possession of the community residence where both parties are residing therein will be considered only in cases of extreme emergency, supported by an affidavit setting forth in detail facts establishing the existence of an emergency to the satisfaction of the judge or referee. In applying for an ex parte restraining order, no party or attorney shall request another party to be removed from his or her usual residence if the property or interest therein is the separate property of the other party, nor may any person be required to leave any premises where he or she is residing unless given sufficient time (at least 12 hours) from the service of said order to remove his or her wearing apparel and personal effects therefrom. Rule 5.22. Domestic violence; protection orders. (a) This rule governs all requests for temporary and extended protection orders against domestic violence under NRS 33.017 et seq.

Vegas Law