Vegas Law



Vegas Lawyer

(702) 388-1229



Nevada Injury Law

Wrongful Death | Car Accident | Slip & Fall | Malpractice | Product Defect | Other Claims

Las Vegas Inury Lawyer
Las Vegas Injury Lawyer





Vegas Law

(11) A list of substantial property and all secured and unsecured indebtedness in accordance with the asset and debt schedule forms provided by the court. (12) An estimate of the time required for trial. (13) Any other matter which counsel desires to bring to the attention of the court at the calendar call conference. (c) When a party is not represented by an attorney the party must comply with this rule. Should the designated trial attorney or any party in proper person fail to comply, a judgment of dismissal or default or other appropriate judgment may be entered or other sanctions imposed. [Amended; effective August 21, 2000.] Rule 5.88. Final pre-trial conference. Rule 2.68 applies to final pre-trial conferences in the family division. [Amended; effective August 21, 2000.] Rule 5.90. Dismissal of cases; closing cases; reactivation procedure; preparation of documents; issuance of decision by court. (a) A family case which has been pending for more than 1 year and in which no action has been taken for more than 6 months may be dismissed, on the court’s own initiative, without prejudice. (b) A case shall be designated closed by the clerk of the court if: (1) There has been no substantial activity in the case within 31 days of the notice of entry of decree or judgment; (2) There has been no substantial activity in a post-dispositional case within 31 days of notice of entry of a final order; (3) There has been an involuntary dismissal without prejudice as set forth in these rules or the Nevada Rules of Civil Procedure; or (4) Upon order of the court. (c) Written notice of the entry of a dismissal or order of the court pursuant to this rule must be given to each party who has appeared in the action, or to the attorney for that party. Placing a copy of the notice in the attorney’s folder maintained in the Office of the Clerk of the Court constitutes notice to that attorney. (d) A family division case which has been dismissed pursuant to this rule will be reactivated at the written request of a party or the party’s attorney if the request is filed within 30 days of the date of service of written notice of the entry of the dismissal. (e) Once trial, motion or other hearing is completed, the court will designate an attorney or litigant to prepare the necessary documents for the court’s review and signature, including, but not limited to, proposed findings of fact and conclusions of law, decree, judgment, or order within 10 days of the completion of the trial, motion or other hearing, which results in a final decision by the court. If a case is taken under submission and additional information or documentation is requested, it must be supplied within the time allotted by the court. The court shall render its decision after receipt of the requested information or documentation. (f ) The court may issue an order to show cause for failure of a party, or attorney if represented, to prepare and submit the proposed findings of fact, conclusions of law, decree, judgment, or order within the time allotted by the court. If good cause is not shown for the delay, the non-compliant litigant or attorney, or both, may be sanctioned by the court. (g) The court may either sign the proposed findings of fact, conclusions of law, judgment or order, or return them to the preparer with instructions for revision. (h) Absent a written waiver of the notice of entry of final order, decree or judgment, by all the parties to the action, the party who obtains the final order, decree or judgment shall serve notice of its entry on the other parties within 10 days of the filing with the clerk of court. (i) The court may issue an order to show cause for failure of a party or attorney to prepare and submit the notice of entry of final order, decree or judgment. If good cause is not shown for the delay, the non-compliant litigant or attorney, or both, may be sanctioned by the court. [Amended; effective August 21, 2000.] Rule 5.91. Guardianship calendars. Subject to change by order of the presiding judge, the guardianship calendar will be heard every Wednesday at 9:00 a.m. If a legal holiday falls on a Wednesday the guardianship calendar for that week will be heard at such time as set by the guardianship judge or commissioner. [Amended; effective August 21, 2000.] Rule 5.92. Approved guardianship matters. (a) Under the supervision of the presiding judge, the guardianship commissioner must prepare an approved list each week of guardianship 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) 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. (3) Where a blocked account is requested in lieu of a bond or in conjunction with a bond, the petition must set forth with particularity the personal property of the estate that shall be blocked from access together with the personal property, if any, that will be covered by the bond. (4) The original order to be signed by the judge, together with any copies to be conformed, must be delivered to the guardianship commissioner not later than 5:00 p.m. on Friday the week before 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, upon the noticed Wednesday, be continued for 1 week, or longer at the request of counsel, to enable compliance. [Amended; effective August 21, 2000.] Rule 5.93. Contested guardianship matters. The guardianship 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 to the guardianship commissioner or another master appointed by the judge, for hearing and report. All other contested matters will be assigned to a trial judge serving in the family division on a random basis. The assigned judge may, upon resolution of the contested matter, return the case to the guardianship calendar, or continue with the case if further contested matters are expected. [Amended; effective August 21, 2000.] Rule 5.94. 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 3 weeks. After the third continuance, it will be ordered off calendar unless a motion for further continuance is granted by the court. If a continuance is requested, the guardianship commissioner must be notified not later than 5:00 p.m. on Friday the week before the matter is to be heard. A later request will be considered by the court only upon a showing of good cause. (b) When a petition for guardianship is called for hearing, and any person appears and orally declares a desire to file a written objection, the court will continue the hearing with the understanding that if an objection is not actually on file at the new hearing date, the hearing will proceed. (c) At the call of the calendar, if objection 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 and the giving of notice thereof to petitioner. Such continuance must be made, and petitioner or petitioner’s counsel notified, in any case in which the court proposes to effect a substantial change in the relief prayed for. [Amended; effective August 21, 2000.] Rule 5.95. Consolidations with the lowest number. (a) Whenever it appears that two or more guardianship petitions with different numbers have been filed with reference to the same proposed ward or wards, the court may on its own motion consolidate all of the matters with the matter bearing the lowest number, unless the court specifically determines a higher case number shall be the surviving case. (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 the judge designates as the surviving case. [Amended; effective August 21, 2000.] Rule 5.96. Additional guardianship bond. It is the duty of a guardianship representative and/or counsel, if counsel becomes aware of facts causing the need therefor, to petition the court for an ex parte order increasing the bond to the total appraised value of personal property on hand plus 1 year’s estimated annual income from real and personal property. In any accounting where a bond has been posted, there must be included therein a separate paragraph setting forth the total bond(s) posted, the appraised value of personal property on hand plus the estimated annual income from real and personal property and a statement of any additional bond thereby required. Rule 5.97. Contents of guardianship orders. All orders or decrees in guardianship matters shall set forth completely all matters actually passed on by the court and shall not merely refer to corresponding provisions of the petition. Guardianship 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. Rule 5.98. Content of guardianship accounting. (a) All accounts filed in guardianship proceedings, including trust accounts, must contain a summary or recapitulation showing: (1) Amount of appraisement, if first account. If subsequent account, amount chargeable from prior account.

Vegas Law




Read this important disclaimer

If you experience unusual problems with this site please email the webmaster.

Copyright: David Matheny, 2005-2008.