[Amended; effective August 21, 2000.] Rule 5.69. Court appointed special advocate. (a) Under appropriate circumstances, the judge or master may appoint a court appointed special advocate (CASA) as an advocate for any minor child. When an advocate is appointed, the CASA Office shall supervise the advocate’s activities. (b) The CASA Office is divided into two program areas: juvenile and family. (1) Juvenile services focus on the permanency planning needs of minor children who have been declared to be wards of the State of Nevada and adults involved with those children, ascertaining the children’s concerns, desires and needs with regard to issues before the court. (2) Family services focus on the best interest of minor children who are the subject of a custody dispute and adults involved with those children and on ascertaining the children’s concerns, desires and needs with regard to the issues before the court. (c) A judge or master may refer a case to the CASA Office for any of the above services or combination of services or for other specialized services as may be set forth in the Office’s scope of services. A form order, approved by the court, may be used for these referrals. (d) Services will be conducted by an advocate under the procedures adopted by the CASA Office. (e) If the pleadings or papers filed with the court contain allegations of domestic violence by one spouse against another spouse, then any referral to CASA must contain an order that the Office implement its domestic violence protocol in the handling of the case. (f) The judge or master may continue any matter for the purpose of obtaining CASA services. (g) In family adjudication matters any written report prepared by the advocate shall be delivered to the judge or master in chambers. Only the parties and their attorneys are entitled to read the written report. Written reports are confidential, except as provided by order of the judge or master. Only a licensed attorney may retain possession of a written report outside the court. Any attorney retaining a copy of a written report may neither make copies of it nor disclose its contents to anyone without advance permission of the judge or master. If an attorney retaining a copy of a written report leaves the case, the attorney may not give the copy 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 copy to the judge or master who ordered the written report. (h) No copy of the written report, or any part thereof, may be made an exhibit to, or a part of, any file. No child who is the subject of the written report may see a copy of the written report or be advised of its contents by anyone. No party may reproduce a copy of a written report or any part thereof except the recommendations section, if any, or share the contents of the written report with any other person. The written report may be received as direct evidence of the facts contained therein which are within the personal knowledge of the advocate who prepared the report. (i) If a party is in proper person that party may not retain a copy of a written report. That party is entitled to read the written report in the judge’s or master’s courtroom or chambers or at such other place designated by the judge or master. (j) Any confidential exhibits attached to a report may not be distributed to anyone without an order of the court but may be viewed, upon request of counsel or the party in the event the party is in proper person, in the judge’s or master’s courtroom or chamber or such other place designated by the judge or master. Statements of a child may not be viewed without an order of the court. (k) All original written reports and confidential exhibits must be returned to the clerk and sealed in a separate file or kept by the master or judge in chambers subject to the direction of the judge or master who 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. (l) In juvenile adjudication matters, any written report prepared by the advocate shall be filed with the clerk and shall be covered by all aspects of the confidentiality rules pertinent to juvenile adjudication court files. (m) The CASA Office may formulate guidelines, procedures and policies relevant to the scope of services offered by CASA, subject to approval by the family division administrator and the family division judges. [Amended; effective August 21, 2000.] Rule 5.70. Mandatory Mediation Program. (a) Pursuant to NRS 3.475 the Eighth Judicial District Court, Family Division, has established a court-connected mandatory mediation program through the Family Mediation Center (FMC). All parties filing an answer for domestic contested child custody, access or visitation disputes must attend mediation prior to the hearing or trial of their matter. The mediation process will function independent of any other court proceedings. In the event there are issues of child abuse or domestic violence involved, or if one party is living out of state, a waiver excluding mandatory mediation may be filed. For good cause shown, the assigned trial judge may waive the requirement of mandatory mediation in individual cases. Parties may participate in mediation through the private sector by submitting a “Private Mediator Form” available in the county clerk’s office. (b) When a party should file for mediation: (1) Upon notice of the filing of a contested answer, the plaintiff must, within 10 days, absent good cause, file a Stipulation and Order for Mediation or a FMC Request and Order for Mediation. (2) If a Motion for Custody and Complaint for Divorce are filed simultaneously, the moving party must also complete a Request and Order for Mediation. The non-moving party may at any time upon service of the answer and/or after the non-moving party has been served with the Complaint and/or Motion, prepare and file the FMC Request and Order for Mediation. (3) The Court may at any time, upon its own motion, refer the parties to mediation. (c) Parties can access mediation through the court-connected program by: (1) Stipulation and Order for Mediation. If both parties mutually agree to attend mediation, the attorneys or the parties may request mediation by stipulation and order. If the parties are represented by an attorney, then it is the responsibility of the attorney to prepare the Stipulation and Order for Mediation. If neither party is being represented, then the Plaintiff must prepare the Stipulation and Order. (A) The moving party shall complete a “Stipulation and Order for Mediation.” The completed stipulation and order for mediation must include address information and telephone numbers for both parties. (B) The completed order is routed to the court assigned to the case for judicial signature by the moving party or their attorney. (C) The signed order is filed in the clerk’s office by the party or their attorney, and a copy is forwarded to FMC for appointment scheduling by the party or their attorney. (2) Request and Order for Mediation. Where a stipulation between parties cannot be obtained, either party, or an attorney, may initiate the mediation process pursuant to the above time lines. This process also includes post-divorce issues in which the parties have a valid, custody order and only one party wishes to access mediation prior to motioning the court. (A) Either party or attorney completes a “FMC Request and Order for Mediation,” available at the county clerk’s office. The completed order must include address information and telephone numbers for both parties. (B) The completed order is routed to the court assigned to the case for judicial signature by the moving party or their attorney. (C) The signed order is filed in the clerk’s office and a copy is forwarded to FMC for appointment scheduling by the party or their attorney. (3) Court Order for Mediation. Where either party has not initiated mediation services prior to a court appearance, regarding contested custody issues, the court signs an order in open court, filed by the court clerk, directing the parties to FMC to begin the mediation process. (A) Parties present order for services to FMC and appointments are scheduled. (d) Parties or counsel, by agreement, may select a private mediator. (1) If a private mediator is selected, a “Private Mediation Form” must be filed with the court. The notice shall include the name of the mediator and the date set for the first mediation conference. (2) The parties shall contract directly with the private mediator and be responsible for payment of fees and scheduling for mediation service. (3) The mediator has a right to withdraw from any case. (4) Private mediators shall provide written proof to the court that the parties have attended mediation. This report shall indicate that the parties successfully mediated a full or partial parenting agreement, or that they reached an impasse. (e) Mediation shall be held in private, and all communications, verbal or written, shall be confidential and shall not be disclosed, even upon waiver of the privilege by either or both parties, except where the mediator is required to report any information which falls within the scope of the child abuse reporting requirements. (f ) FMC shall establish procedures to assure that cases which are inappropriate for mediation or which may require special protocols for the protection of parties are screened prior to any contact between the parties in the mediation process. (g) A party who believes a case is inappropriate for referral to mediation may seek an exemption from mediation. (1) The party seeking an exemption must file a motion with the court. (2) The motion should be filed with the initial pleading of the moving party. (3) The motion may be filed at a later time if new information is obtained supporting a motion. (h) A party may have a third person present for support before and after meetings with the mediator; however, the support person may not be present during mediation sessions. (i) Upon order to FMC, a mediation appointment, which includes both parties, shall be scheduled, unless exempted by NRS 3.475. (1) Counsel for the parties shall be provided an opportunity to confer with the mediator prior to the mediation conference and shall be excluded thereafter, where, in the discretion of the mediator, exclusion of counsel is deemed appropriate or necessary, by the mediator.

Vegas Law