(c) Models, diagrams and exhibits of material forming part of the evidence taken in a case may be withdrawn by order of the court in the following manner: (1) By stipulation of the parties. (2) By motion made after notice to the adverse party. (3) After a judgment is final, by the party introducing the same in evidence, unless the model, diagram or exhibit is obtained from the adverse party. If any model, diagram or exhibit is withdrawn under this paragraph, the party or attorney who withdraws it shall file an affidavit with the clerk to the effect that the person who withdraws it is the owner of or lawfully entitled to the possession of the model, diagram or exhibit. Withdrawal of any model, diagram or exhibit must be on court order on such terms and conditions as the court may impose, and a receipt therefor shall be filed with the clerk. Rule 7.30. Motions to continue trial settings. (a) Any party may, for good cause, move the court for an order continuing the day set for trial of any cause. A motion for continuance of a trial must be supported by affidavit except where it appears to the court that the moving party did not have the time to prepare an affidavit, in which case counsel for the moving party need only be sworn and orally testify to the same factual matters as required for an affidavit. Counter-affidavits may be used in opposition to the motion. (b) If a motion for continuance is made on the ground that a witness is or will be absent at the time of trial, the affidavit must state: (1) The name of the witness, the witness’ usual home address, present location, if known, and the length of time that the witness has been absent. (2) What diligence has been used to procure attendance of the witness or secure the witness’ deposition, and the causes of the failure to procure the same. (3) What the affiant has been informed and believes will be the testimony of the absent witness, and whether the same facts can be proven by witnesses, other than parties to the suit, whose attendance or depositions might have been obtained. (4) The date the affiant first learned that the attendance or deposition of the absent witness could not be obtained. (5) That the application is made in good faith and not merely for delay. (c) Except in criminal matters, if a motion for continuance is filed within 30 days before the date of the trial, the motion must contain a certificate of counsel for the movant that counsel has provided counsel’s client with a copy of the motion and supporting documents. The court will not consider any motion filed in violation of this paragraph and any false certification will result in appropriate sanctions imposed pursuant to Rule 7.60. (d) No continuance may be granted unless the contents of the affidavit conform to this rule, except where the continuance is applied for in a mining case upon the special ground provided by NRS 16.020. (e) No amendments or additions to affidavits for continuance will be allowed at the hearing on the motion and the court may grant or deny the motion without further argument. (f) Trial settings may not be vacated by stipulation, but only by order of the court. The party moving for the continuance of a trial may obtain an order shortening the time for the hearing of the motion for continuance. Except in an emergency, the party requesting a continuance shall give all opposing parties at least 3 days’ notice of the time set for hearing the motion. The hearing of the motion shall be set not less than 1 day before the trial. (g) When application is made to a judge, master or commissioner to postpone a motion, trial or other proceeding, the payment of costs (including but not limited to the expenses incurred by the party) and attorney fees may be imposed as a condition of granting the postponement. Rule 7.40. Appearances; substitutions; withdrawal or change of attorney. (a) When a party has appeared by counsel, the party cannot thereafter appear on the party’s own behalf in the case without the consent of the court. Counsel who has appeared for any party must represent that party in the case and shall be recognized by the court and by all parties as having control of the case. The court in its discretion may hear a party in open court although the party is represented by counsel. (b) Counsel in any case may be changed only: (1) When a new attorney is to be substituted in place of the attorney withdrawing, by the written consent of both attorneys and the client, which must be filed with the court and served upon all parties or their attorneys who have appeared in the action, or (2) When no attorney has been retained to replace the attorney withdrawing, by order of the court, granted upon written motion, and (i) If the application is made by the attorney, the attorney must include in an affidavit the address, or last known address, at which the client may be served with notice of further proceedings taken in the case in the event the application for withdrawal is granted, and the telephone number, or last known telephone number, at which the client may be reached and the attorney must serve a copy of the application upon the client and all other parties to the action or their attorneys, or (ii) If the application is made by the client, the client must state in the application the address at which the client may be served with notice of all further proceedings in the case in the event the application is granted, and the telephone number, or last known telephone number, at which the client may be reached and must serve a copy of the application upon the client’s attorney and all other parties to the action or their attorneys. (c) No application for withdrawal or substitution may be granted if a delay of the trial or of the hearing of any other matter in the case would result. [Amended; effective August 21, 2000.] Rule 7.42. Appearances in proper person; entry of appearance. (a) Unless appearing by an attorney regularly admitted to practice law in Nevada and in good standing, no entry of appearance or pleading purporting to be signed by any party to an action may be recognized or given any force or effect by any district court unless the same is signed by the party, with the signer’s address and telephone number, if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. (b) A corporation may not appear in proper person. [As amended; effective October 13, 2005.] Rule 7.44. Presence of local counsel required. (a) Unless otherwise allowed by the court, no attorney who is not a resident of Nevada and has not been admitted to the State Bar of Nevada may appear as counsel in any cause pending in this district without the presence of associated Nevada counsel. (b) If foreign counsel is associated, all pleadings, motions and other papers must be signed by Nevada counsel, who shall be responsible to the court for their content. Nevada counsel must be present during oral arguments and must be responsible to the court for all matters presented. Rule 7.50. Stipulations to be in writing or to be entered in court minutes. No agreement or stipulation between the parties or their attorneys will be effective unless the same shall, by consent, be entered in the minutes in the form of an order, or unless the same is in writing subscribed by the party against whom the same shall be alleged, or by the party’s attorney. Rule 7.60. Sanctions. (a) If without just excuse or because of failure to give reasonable attention to the matter, no appearance is made on behalf of a party on the call of a calendar, at the time set for the hearing of any matter, at a pre-trial conference, or on the date of trial, the court may order any one or more of the following: (1) Payment by the delinquent attorney or party of costs, in such amount as the court may fix, to the clerk or to the adverse party. (2) Payment by the delinquent attorney or party of the reasonable expenses, including attorney’s fees, to any aggrieved party. (3) Dismissal of the complaint, cross-claim, counter-claim or motion or the striking of the answer and entry of judgment by default, or the granting of the motion. (4) Any other action it deems appropriate, including, without limitation, imposition of fines. (b) The court may, after notice and an opportunity to be heard, impose upon an attorney or a party any and all sanctions which may, under the facts of the case, be reasonable, including the imposition of fines, costs or attorney’s fees when an attorney or a party without just cause: (1) Presents to the court a motion or an opposition to a motion which is obviously frivolous, unnecessary or unwarranted. (2) Fails to prepare for a presentation. (3) So multiplies the proceedings in a case as to increase costs unreasonably and vexatiously. (4) Fails or refuses to comply with these rules. (5) Fails or refuses to comply with any order of a judge of the court. Rule 7.70. Voir dire examination. The judge must conduct the voir dire examination of the jurors. Except as required by Rule 2.68, proposed voir dire questions by the parties or their attorneys must be submitted to the court in chambers not later than 4:00 p.m. on the judicial day before the day the trial begins. Upon request of counsel, the trial judge may permit counsel to supplement the judge’s examination by oral and direct questioning of any of the prospective jurors. The scope of such additional questions or supplemental examination must be within reasonable limits prescribed by the trial judge in the judge’s sound discretion. The following areas of inquiry are not properly within the scope of voir dire examination by counsel: (a) Questions already asked and answered. (b) Questions touching on anticipated instructions on the law.

Vegas Law