Rule 5.32. Motions for support; fees and allowances; affidavit of financial condition required. (a) Any motion for fees and allowances, temporary spousal support, child support, exclusive possession of a community residence, or any other matter involving the issue of money to be paid by a party must be accompanied by an affidavit of financial condition describing the financial condition and needs of the movant. The affidavit of financial condition must be prepared on a form approved by the court. An incomplete affidavit or the absence of the affidavit of financial condition may be construed as an admission that the motion is not meritorious and as cause for its denial. Attorney’s fees and other sanctions may be awarded for an untimely, fraudulent, or incomplete filing. (b) Any party opposing a motion for fees and allowances, temporary spousal support, child support, exclusive possession of the community residence, or any other matter involving the issue of money to be paid by a party must also submit an affidavit of financial condition describing the financial condition of that party at the time of the filing of the opposition or no later than 2 days before the date of hearing, whichever is earlier. The affidavit of financial condition must be prepared on a form approved by the court. The failure of a party opposing such motion to file an affidavit of financial condition may be construed as an admission that the opposing party has the resources to pay the amount requested by the moving party or has the resources to permit the other party to have exclusive possession of the marital residence. Attorney’s fees and other sanctions may be awarded for an untimely, fraudulent or incomplete filing. (c) Income of a successor spouse of a party must be listed in that party’s affidavit of financial condition in the “other income” section of the affidavit. If any party resides with an adult person other than a spouse, that party’s affidavit of financial condition must reflect the extent to which the cohabitant contributes to that party’s expenses. (d) An affidavit of financial condition may only be filed in open court with leave of the judge upon a showing of excusable delay. Rule 5.33. Motions for judgment due to arrearages in periodic payments; schedule of arrearages required. In any case where a party alleges the other party is in arrears in payment of periodic child support, spousal support or any other periodic payment and requests relief by motion, that party shall file with the motion a schedule showing when each periodic payment was due and how much was paid, if any, on the due date, in addition to complying with the other requirements of these rules, including, but not limited to, Rule 5.32. The schedule of arrearages must be prepared on a form approved by the court. [Amended; effective August 21, 2000.] Rule 5.34. Notice of and compliance with order. Rule 2.28 applies to notice of and compliance with orders in the family division. [Amended; effective August 21, 2000.] Rule 5.35. Amended pleadings. Rule 2.30 applies to amendment of pleadings in the family division. [Amended; effective August 21, 2000.] Rule 5.36. Exemptions from mandatory pre-trial discovery requirements. Rule 2.31 applies to exemptions from mandatory pre-trial discovery requirements in the family division. [Amended; effective August 21, 2000.] Rule 5.37. Discovery disputes; conferences; motions; stays. Rule 2.34 applies to discovery disputes, discovery conferences and related matters in the family division. [Amended; effective August 21, 2000.] Rule 5.38. Responding to discovery requests. Rule 2.40 applies to responses to discovery requests in the family division. [Amended; effective August 21, 2000.] Rule 5.39. Contested child custody cases: NRS 125A declaration. In any case where custody of a minor child of the parties is at issue and the minor child has resided outside the State of Nevada within the last 5 years, each party is required to file a declaration pursuant to NRS 125A.120, on a form approved by the court, setting forth the names and present addresses of the persons with whom the child has lived during that period. The declaration must be filed with the moving papers of each party before the contested issue of child custody is heard by the judge. [Amended; effective August 21, 2000.] Rule 5.40. Motions in limine. Rule 2.47 applies to motions in limine in the family division. [Amended; effective August 21, 2000.] Rule 5.41. Reserved. Rule 5.42. Lead case designation for department assignment. In order to comply with the legislative mandate that multiple cases between the same parties be assigned to the same judicial department the following procedures will be implemented by the family division. (a) “Same Parties” shall be found when the same two persons in any domestic case or sub-type have an action against one another, regardless of their respective party designation (e.g., plaintiff or defendant; applicant or respondent; joint petitioner, etc.) and their natural or adopted children. (b) Pursuant to NRS 3.025(3), any and all actions involving the same family shall be assigned to the same judicial department in the following manner: (1) If there have been no previous matters filed in any department between the parties, the case will be randomly assigned. (2) In the event that no cases exist prior to implementation of NRS 3.025, the first case filed will dictate the judicial department to which all following matters will be assigned. This case will be considered the “lead case” whether it is a temporary protective order, divorce action or any other type of case over which the family division has original and exclusive jurisdiction excluding case types identified in Rule 5.42(4). (3) In the event that prior cases between the same parties exist at the time of the implementation by the clerk’s office of NRS 3.025 assignment procedure the following consistent method will determine which judicial department shall be the responsible department for that family. (A) Open Domestic Case: Where a new case is initiated by either party, and an open domestic case is assigned to any judicial department, all previous and new cases (open, closed or dismissed within 12 months of the new case) will be assigned to the judicial department with the open case. The open case shall constitute the “lead case.” Where more than one open case exists, the open case filed first in time shall be designated the “lead case.” (B) Previous or Closed Domestic Case: When a new case is initiated by either party, and all prior cases have been closed or dismissed within 12 months of the new case, the “lead case” case will be determined by the judicial department assigned to the case filed first in time. All cases will be linked to the “lead case” and assigned to that judicial department. (4) The following exceptions will apply: (A) Cases filed pursuant to Chapter 62 of the Nevada Revised Statutes. Said cases will be directly assigned to the juvenile judicial department. (B) Cases filed pursuant to Chapter 432B of the Nevada Revised Statutes. Since these matters are not “same family” status, the state having filed a complaint against one or both of the parties on behalf of the children, these cases will continue to be directly assigned to the juvenile judicial department. (C) Cases filed pursuant to Chapter 159 of the Nevada Revised Statutes: Guardianship actions will be directly assigned to the judicial department handling guardianship cases and thereafter to the appropriate judicial department if a previous case exists or opens during the life of the guardianship as set forth pursuant to Rule 5.99. (D) Cases dismissed for more than 12 months. (5) Cases filed pursuant to Chapter 130 and/or Chapter 425 of the Nevada Revised Statutes will be randomly assigned unless a case involving the same parties has already been assigned to a specific judicial department. The hearings will continue to be scheduled before the family support masters. The masters will be tracked to specific judicial departments. Any objections or hearings required to be held before a district court will be heard by the assigned judicial department. (6) Applications for temporary protective orders will be randomly assigned to a judicial department unless a case involving the same parties has already been assigned to a specific judicial department. The hearings will continue to be scheduled before the domestic violence commissioner. Any objections or hearings required to be held before a district court will be heard by the assigned judicial department. (c) Any conflicting issues between the departments regarding case assignments will be resolved by the presiding judge or the chief judge. [Amended; effective August 21, 2000.] Rule 5.43. Scheduling orders; exemptions. Rule 2.55 applies to exemptions from scheduling orders in the family division. [Amended; effective August 21, 2000.] Rule 5.44. Trial setting. Rule 2.60 applies to the setting of trials in the family division. [Amended; effective August 21, 2000.] Rule 5.45. Notice of trial setting. Rule 2.65 applies to notice of trial setting in the family division. [Amended; effective August 21, 2000.] Rule 5.46. Stipulations for dismissal. Rule 2.75 applies to stipulations for dismissal in the family division. [Amended; effective August 21, 2000.] Rule 5.47. Subpoenas for foreign deposition. Rule 2.80 applies to subpoenas for foreign depositions in the family division.

Vegas Law