|
Wrongful Death |
Car Accident |
Slip & Fall | Malpractice |
Product Defect | Other Claims
Las Vegas Injury Lawyer
Vegas Law
[As amended; effective May 8, 2001.]
(d) Settlement Statement. Each party to the appeal shall submit a settlement statement directly to the settlement judge within fifteen (15) days from the date of the clerk’s scheduling notice. A settlement statement shall not be filed in the Supreme Court and shall not be served on opposing counsel.
A settlement statement is limited to five (5) pages, and shall concisely state: (1) the relevant facts; (2) the issues on appeal; (3) the argument supporting the party’s position on appeal; (4) the weakest points of the party’s position on appeal; (5) the settlement proposal that the party believes would be fair or would be willing to make in order to conclude the matter; and (6) all matters which, in counsel’s professional opinion, may assist the settlement judge in conducting the settlement conference. Form 10 in the Appendix of Forms is a suggested form of a settlement statement.
(e) Settlement Conference. The settlement conference shall be held at a time and place designated by the settlement judge. Counsel for all parties and their clients must attend the conference. The settlement judge may, for good cause shown, excuse a client’s attendance at the conference, provided that counsel has written authorization to resolve the case fully or has immediate telephone access to the client.
The agenda for the settlement conference and the sequence of presentation shall be at the discretion of the settlement judge. A subsequent settlement conference may be conducted by agreement of the parties or at the direction of the settlement judge.
If a settlement is reached, the parties shall immediately execute a settlement agreement and a stipulation to dismiss the appeal, and shall file the stipulation to dismiss with the clerk of the Supreme Court.
(f) Failure to Participate in Settlement Conference; Frivolous Appeals. The failure of a party, or the party’s counsel, to participate in good faith in the settlement conference process is grounds for sanctions against the party, the party’s counsel, or both. The filing of a frivolous appeal is also grounds for sanctions. Sanctions include, but are not limited to, payment of attorney’s fees and costs of the opposing party, dismissal of the appeal, or reversal of the judgment below.
(g) Settlement Conference Report. Within ten (10) days from the date of any settlement conference, the settlement judge shall prepare and file with the clerk of the Supreme Court a settlement conference report. Such report must state the result of the settlement conference, but shall not disclose any matters discussed at the conference. When the settlement judge determines that a party has failed to participate in good faith in the settlement conference process or that an appeal is frivolous, the report must state the basis for the determination and recommend an appropriate sanction. The Supreme Court may require a party to show cause why a recommended sanction should not be adopted by the court. The Supreme Court may defer acting on the recommendation until after it has rendered a decision on the appeal.
(h) Confidentiality. Papers or documents prepared by counsel or a settlement judge in furtherance of a settlement conference, excluding the settlement conference report, shall not be available for public inspection or submitted to or considered by the Supreme Court. Matters discussed at the settlement conference and papers or documents prepared pursuant to this Rule shall not be admissible in evidence in any judicial proceeding and shall not be subject to discovery.
[Added; effective February 26, 1997; as amended, effective September 24, 2002.]
RULE 17. RESERVED
RULE 18. RESERVED
RULE 19. RESERVED
RULE 20. RESERVED
III. EXTRAORDINARY WRITS
RULE 21. WRITS OF MANDAMUS AND PROHIBITION DIRECTED TO A JUDGE OR JUDGES AND OTHER EXTRAORDINARY WRITS
(a) Mandamus or Prohibition to a Judge or Judges; Petition for Writ; Service and Filing. Application for a writ of mandamus or of prohibition directed to a judge or judges shall be made by filing a petition therefor with the clerk of the Supreme Court with proof of service on the respondent judge or judges and on all parties to the action in the trial court. The petition shall contain a statement of the facts necessary to an understanding of the issues presented by the application; a statement of the issues presented and of the relief sought; a statement of the reasons why the writ should issue; and copies of any order or opinion or parts of the record which may be essential to an understanding of the matters set forth in the petition. Upon receipt of the prescribed filing fee, the clerk shall docket the petition and submit it to the court.
(b) Denial; Order Directing Answer. If the court is of the opinion that the writ should not be granted, it may deny the petition. Otherwise, it may enter an order fixing time within which an answer directed solely to the issues of arguable cause against issuance of an alternative or peremptory writ may be filed by the respondents. The order shall be served on respondents, all other parties to the action in the trial court and all other persons directly affected. All parties below other than the petitioner shall also be deemed respondents for all purposes. Two or more respondents may answer jointly. The court shall by order advise the parties of the dates on which briefs are to be filed, if briefs are required, and of the date of oral argument.
(c) Other Extraordinary Writs. Application for extraordinary writs other than those provided for in subdivisions (a) and (b) of this rule shall be made by petition filed with the clerk of the Supreme Court with proof of service on the parties named as respondents. Proceedings on such application shall conform, so far as is practicable, to the procedure prescribed in subdivisions (a) and (b) of this rule.
(d) Form of Papers; Number of Copies. All papers may be typewritten. Six copies shall be filed with the original, but the court may direct that additional copies be furnished.
(e) Payment of Fees. The Supreme Court shall not consider any application for an extraordinary writ until the petition has been filed; and the clerk shall receive no petition for filing until the fee has been paid, unless the applicant is exempt from payment of fees, or the court or a justice orders waiver of the fee for good cause shown.
IV. HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS
RULE 22. HABEAS CORPUS PROCEEDINGS
Application for the Original Writ. An application for a writ of habeas corpus should be made to the appropriate district court. If application is made to the Supreme Court, or a justice or justices thereof, the application will ordinarily be transferred to the appropriate district court. If an application is made to or transferred to the district court and denied, renewal of the application before the Supreme Court is not favored; the proper remedy is by appeal to the Supreme Court from the order of the district court denying the writ.
RULE 23. CUSTODY OF PRISONERS IN HABEAS CORPUS PROCEEDINGS
(a) Transfer of Custody Pending Review. Pending review of a decision in a habeas corpus proceeding commenced before a court, justice or judge of this state for the release of a prisoner, a person having custody of the prisoner shall not transfer custody to another unless such transfer is directed in accordance with the provisions of this rule and NRS 174.325. Upon application of a custodian showing a need therefor, the court, justice or judge rendering the decision may make an order authorizing transfer and providing for the substitution of the successor custodian as a party.
(b) Detention or Release of Prisoner Pending Review of Decision Failing to Release. Pending review of a decision failing or refusing to release a prisoner in such a proceeding, the prisoner may be detained in the custody from which release is sought, or in other appropriate custody, or may be enlarged upon his recognizance, with or without surety, as may appear fitting to the court or judge rendering the decision, or to the Supreme Court, or to a judge or justice of either court.
(c) Release of Prisoner Pending Review of Decision Ordering Release. Pending review of a decision ordering the release of a prisoner in such a proceeding, the prisoner shall be enlarged upon his recognizance, with or without surety, unless the court or judge rendering the decision, or the Supreme Court, or a judge or justice of either court shall otherwise order.
(d) Modification of Initial Order Respecting Custody. An initial order respecting the custody or enlargement of the prisoner and any recognizance or surety taken, shall govern review in the Supreme Court unless for special reasons shown to the Supreme Court, or to a justice thereof, the order shall be modified, or an independent order respecting custody, enlargement or surety shall be made.
RULE 24. PROCEEDINGS IN FORMA PAUPERIS
Vegas Law
Read this important disclaimer
If you experience unusual problems with this site please email the webmaster.
Copyright: David Matheny, 2005-2008.
|