[As amended; effective January 1, 2005.] (g) Affidavits Made in Bad Faith. Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused the other party to incur, including reasonable attorney’s fees, and any offending party or attorney may be adjudged guilty of contempt. [As amended; effective January 1, 2005.] Drafter’s Note 2004 Amendment Subdivision (c) is amended to make clear that motions for summary judgment and responses thereto must identify each material fact that the party claims is or is not genuinely in issue and must cite the relevant portions of any documents or evidence upon which the party relies. The new language is taken from Rule 56-1 of the Local Rules of Practice for the United States District Court for the District of Nevada. The provision is also amended to require that an order granting summary judgment set forth the undisputed material facts and legal determinations that support the decision to grant summary judgment. RULE 57. DECLARATORY JUDGMENTS The procedure for obtaining a declaratory judgment pursuant to statute, shall be in accordance with these rules, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 38 and 39. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar. RULE 58. ENTRY OF JUDGMENT (a) Judgment. Subject to the provisions of Rule 54(b): (1) upon a general verdict of a jury, or upon a decision by the court that a party shall recover only a sum certain or costs or that all relief shall be denied, the court shall sign the judgment and the judgment shall be filed by the clerk; (2) upon a decision by the court granting other relief, or upon a special verdict or a general verdict accompanied by answers to interrogatories, the court shall promptly approve the form and sign the judgment, and the judgment shall be filed by the clerk. The court shall designate a party to serve notice of entry of the judgment on the other parties under subdivision (e). [As amended; effective January 1, 2005.] (b) Judgment in Other Cases. Except as provided in subdivision (b)(1) of Rule 55, all judgments shall be signed by the judge and filed with the clerk. [As amended; effective January 1, 2005.] (c) When Judgment Entered. The filing with the clerk of a judgment, signed by the judge, or by the clerk, as the case may be, constitutes the entry of such judgment, and no judgment shall be effective for any purpose until the entry of the same, as hereinbefore provided. The entry of the judgment shall not be delayed for the taxing of costs. (d) Judgment Roll. The judgment, as signed and filed, shall constitute the judgment roll. (e) Notice of Entry of Judgment. Within 10 days after entry of a judgment or an order, the party designated by the court under subdivision (a) shall serve written notice of such entry, together with a copy of the judgment or order, upon each party who is not in default for failure to appear and shall file the notice of entry with the clerk of the court. Any other party may in addition serve a notice of such entry. Service shall be made in the manner provided in Rule 5(b) for the service of papers. Failure to serve notice of entry does not affect the validity of the judgment, but the judgment may not be executed upon until such notice is served. [Added; effective January 1, 2005.] Drafter’s Note 2004 Amendment Rule 58 deviates substantially from its federal counterpart. Subdivision (a) is amended in part to conform to federal practice, but the amendments alter existing Nevada practice and require that judgments entered pursuant to subdivision (a) be signed by the judge and not by the clerk of the court. The revised rule also requires the court to designate a party to serve notice of entry of the judgment upon other parties. Subdivision (b) is also amended to reflect that the judge must sign all judgments except default judgments entered pursuant to Rule 55(b)(1). Subdivision (e) is new and adds a provision expressly requiring the party designated by the court under subdivision (a) to serve notice of entry of a judgment or order. The provision also allows any other party to serve notice of entry of the judgment or order. The amendment is similar to federal rule 77(d), but obligates the parties rather than the clerk to provide notice of entry. The new subdivision also provides that although failure to serve notice of entry does not affect the validity of the judgment, the judgment may not be executed upon until such notice is served. RULE 59. NEW TRIALS; AMENDMENT OF JUDGMENTS (a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes or grounds materially affecting the substantial rights of an aggrieved party: (1) Irregularity in the proceedings of the court, jury, master, or adverse party, or any order of the court, or master, or abuse of discretion by which either party was prevented from having a fair trial; (2) Misconduct of the jury or prevailing party; (3) Accident or surprise which ordinary prudence could not have guarded against; (4) Newly discovered evidence material for the party making the motion which the party could not, with reasonable diligence, have discovered and produced at the trial; (5) Manifest disregard by the jury of the instructions of the court; (6) Excessive damages appearing to have been given under the influence of passion or prejudice; or, (7) Error in law occurring at the trial and objected to by the party making the motion. On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment. [As amended; effective January 1, 2005.] (b) Time for Motion. A motion for a new trial shall be filed no later than 10 days after service of written notice of the entry of the judgment. [As amended; effective January 1, 2005.] (c) Time for Serving Affidavits. When a motion for new trial is based upon affidavits they shall be filed with the motion. The opposing party has 10 days after service within which to file opposing affidavits, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits. [As amended; effective January 1, 2005.] (d) On Court’s Initiative; Notice; Specifying Grounds. No later than 10 days after entry of judgment the court, on its own, may order a new trial for any reason that would justify granting one on a party’s motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion. When granting a new trial on its own initiative or for a reason not stated in a motion, the court shall specify the grounds in its order. [Added; effective January 1, 2005.] (e) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment shall be filed no later than 10 days after service of written notice of entry of the judgment. [As amended; effective January 1, 2005.] Drafter’s Note 2004 Amendment The amendment to subdivision (a) is technical. Unlike the federal rule, the Nevada rule lists specific grounds for a new trial. Those grounds are retained in the revised rule.

Vegas Law