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Nevada Federal Court Rules II

Part II_-_Local Rules of Civil Practice

LR 26-5. RESPONSES TO WRITTEN DISCOVERY.

All responses to written discovery shall, immediately preceding the response, identify the number or other designation and set forth in full the text of the discovery sought.


LR 26-6. DEMAND FOR PRIOR DISCOVERY.

A party who enters a case after discovery has begun is entitled, on written request, to inspect and copy, at the requesting party's expense, all discovery provided or taken by every other party in the case. The request shall be directed to the party who provided the discovery or, if the discovery was obtained from a person not a party to the case, to the party who took such discovery.


LR 26-7. DISCOVERY MOTIONS.

(a) All motions to compel discovery or for protective order shall set forth in full the text of the discovery originally sought and the response thereto, if any.

(b) Discovery motions will not be considered unless a statement of moving counsel is attached thereto certifying that, after personal consultation and sincere effort to do so, counsel have been unable to resolve the matter without court action.

(c) Unless otherwise ordered, all emergency discovery disputes are referred to the magistrate judge assigned to the case. Any attorney or party appearing in pro se may apply for relief by written motion or, where time does not permit, by a telephone call to the magistrate judge or district judge assigned to the case. Written requests for judicial assistance in resolving an emergency discovery dispute shall be entitled “Emergency Motion” and be accompanied by an affidavit setting forth:

(1) The nature of the emergency;

(2) The office addresses and telephone numbers of moving and opposing counsel; and

(3) A statement of when and how opposing counsel was notified of the motion or, if opposing counsel was not notified, why it was not practicable to do so.


(d) It shall be within the sole discretion of the court to determine whether any such matter is, in fact, an emergency.


LR 26-8. FILING OF DISCOVERY PAPERS.

Unless otherwise ordered by the court, written discovery, including responses thereto, and deposition transcripts, shall not be filed with the court. Originals of responses to written discovery requests shall be served on the party who served the discovery request and that party shall make such originals available at the pretrial hearing, at trial, or on order of the court. Likewise, the deposing party shall make the original transcript of a deposition available at any pretrial hearing, at trial, or on order of the court.


LR 26-9. EXEMPTIONS.

[Repealed December 1, 2000. See Fed. R. Civ. P. 26(a)(1)(E).]


LR 30-1. DEPOSITIONS UPON ORAL EXAMINATION.

[Repealed effective December 1, 2000. See Fed. R. Civ. P. 30.]


LR 30-2. REQUIREMENTS FOR TRANSCRIPTS.

Unless the court orders otherwise, depositions shall be recorded by stenographic means.


LR 31-1. DEPOSITIONS UPON WRITTEN QUESTIONS.

[Repealed effective December 1, 2000. See Fed. R. Civ. P. 31.]


LR 32-1. USE OF DEPOSITIONS IN COURT PROCEEDINGS.

Unless the court orders otherwise, deposition testimony shall be offered by stenographic means.


LR 33-1. INTERROGATORIES.

[Repealed effective December 1, 2000. See Fed. R. Civ. P. 33]


LR 34-1. PRODUCTION OF DOCUMENTS.

[Repealed effective December 1, 2000. See Fed. R. Civ. P. 34.]

LR 36-1. REQUEST FOR ADMISSIONS.

[Repealed effective December 1, 2000. See Fed. R. Civ. P. 36.]


LR 38-1. JURY DEMAND.

When a jury trial is demanded in a pleading, the words “JURY DEMAND” shall be typed or printed in capital letters on the first page immediately below the name of the pleading.


LR 41-1. DISMISSAL FOR WANT OF PROSECUTION.

All civil actions that have been pending in this court for more than nine (9) months without any proceeding of record having been taken may, after notice, be dismissed for want of prosecution on motion of counsel or by the court.


LR 43-1. INTERPRETERS/TAKING OF TESTIMONY.

A party who anticipates needing the services of an interpreter shall make arrangements therefor, at that party's expense, and file a written notice not later than eleven (11) days prior to the proceeding in which the interpreter's services will be used. The notice shall include the name and credentials of the interpreter, the name of the witness or witnesses requiring such service, and the reason the service is needed.


LR 48-1. CONTACT WITH JURORS PROHIBITED.

Unless otherwise permitted by the court, no party, attorney or other interested person shall communicate with or contact any juror until the jury concludes its deliberations and is discharged.


LR 54-1. BILL OF COSTS.

(a) See 28 U.S.C. _1920, 1921 and 1923; and Fed._R._Civ._P._54(d). Unless otherwise ordered by the court, the prevailing party shall be entitled to reasonable costs. A prevailing party who claims such costs shall serve and file a bill of costs and disbursements on the form provided by the clerk no later than ten (10) days after the date of entry of the judgment or decree.

(b) See 28_U.S.C. _1924. Every bill of costs and disbursements shall be verified and distinctly set forth each item so that its nature can be readily understood. The bill of costs shall state that the items are correct and that the services and disbursements have been actually and necessarily provided and made. An itemization and, where available, documentation of requested costs in all categories must be attached to the bill of costs.

(c) The clerk shall tax the costs not later than ten (10) days after the filing of objections or when the time within which such objections may be filed has passed.


LR 54-2. CLERK'S, MARSHAL'S, PROCESS SERVER'S, AND DOCKET FEES.

Clerk's fees (see 28_U.S.C. _1920), docket fees (see 28_U.S.C. _1923) and marshal's fees (see 28_U.S.C.__1921) are allowable by statute. Fees of authorized process servers are ordinarily taxable.


LR 54-3. FEES INCIDENT TO TRANSCRIPTS; TRIAL TRANSCRIPTS.

Transcripts of pretrial, trial, and post-trial proceedings are not taxable unless either requested by the court or prepared pursuant to stipulation approved by the court. Mere acceptance by the court does not constitute a request. Copies of transcripts for counsel's own use are not taxable absent a prior special order of the court.


LR 54-4. DEPOSITION COSTS.

The cost of a deposition transcript (either the original or a copy, but not both) is taxable whether taken solely for discovery or for use at trial. The reasonable expenses of a deposition reporter and the notary or other official presiding at the deposition are taxable, including travel, where necessary, and subsistence. Postage costs, including registry, for sending the original deposition to the clerk for filing are taxable if the court has ordered the filing of said deposition. Counsel's fees, expenses in arranging for taking a deposition, and expenses in attending the deposition are not taxable, except as provided by statute or by the Federal Rules of Civil Procedure. Fees for the witness at the taking of a deposition are taxable at the same rate as for attendance at trial. The witness need not be under subpoena. A reasonable fee for a necessary interpreter at the taking of a taxable deposition is taxable.


LR 54-5. WITNESS FEES, MILEAGE, AND SUBSISTENCE.

(a) The rate for witness fees, mileage, and subsistence are fixed by statute (see 28_U.S.C.__1821). Such fees are taxable even though the witness did not testify if it is shown that the attendance was necessary, but if a witness is not used, the presumption is that the attendance was unnecessary. Such fees are taxable even though the witness attends voluntarily and not under subpoena. Costs may be taxed for each day the witness is necessarily in attendance and are not limited to the actual day the witness testified. Fees will be limited, however, to the days of actual testimony and the days required for travel if no showing is made that the witness necessarily attended for a longer time.

(b) Subsistence to the witness under 28 U.S.C. _1821 is allowable if the mileage fees for the witness to travel from the witness' residence to court and back each day exceed the applicable subsistence fees.

(c) No party shall receive witness fees for testifying in that party's own behalf, but this shall not apply where a party is subpoenaed to attend court by the opposing party. Witness fees for officers of a corporation are taxable if the officers are not defendants and recovery is not sought against the officers individually. Fees for expert witnesses are not taxable in a greater amount than statutorily allowable for ordinary witnesses unless authorized by contract or specific statute.

(d) The reasonable fee of a competent interpreter is taxable if the fee of the witness for whom the interpreting services were required is taxable. The reasonable fee of a competent translator is taxable if the document translated is necessarily filed or admitted into evidence.


LR 54-6. EXEMPLIFICATION AND COPIES OF PAPERS.

(a) An itemization of costs claimed pursuant to this section shall be attached to the cost bill. The cost of copies of an exhibit necessarily attached to a document required to be filed and served is taxable. Cost of one (1) copy of a document is taxable when the copy is admitted into evidence in lieu of an original because the original is either not available or is not introduced at the request of opposing counsel. The cost of copies submitted in lieu of originals because of the convenience of offering counsel or counsel's client is not taxable. The cost of reproducing copies of motions, pleadings, notices and other routine case papers is not allowable. The cost of copies obtained for counsel's own use is not taxable. The fee of an official for certification or proof regarding non-existence of a document is taxable. Notary fees are taxable if actually incurred, but only for documents which are required to be notarized and which are necessarily filed. Costs incurred for reducing documents to comply with the paper size requirement of these rules are taxable.

(b) The cost of patent file wrappers and prior art patents are taxable at the rate charged by the patent office. Expenses for services of persons checking patent office records to determine what should be ordered are not taxable.


LR 54-7. MAPS, CHARTS, MODELS, PHOTOGRAPHS, SUMMARIES,
COMPUTATIONS, AND STATISTICAL SUMMARIES.

The cost of maps and charts is taxable if they are admitted into evidence. The cost of photographs, 8_ x 10_ in size or less, is taxable if admitted into evidence or attached to documents required to be filed and served on opposing counsel. The cost of enlargements greater than 8_ x 10_, models, summaries, computations, and statistical comparisons is not taxable except by prior order of the court.


LR 54-8. FEES OF MASTERS, RECEIVERS, AND COMMISSIONERS.

Unless otherwise ordered by the court, fees of masters, receivers, and commissioners are taxable as costs.


LR 54-9. PREMIUMS ON UNDERTAKINGS AND BONDS.

Premiums paid on undertakings and bonds are ordinarily taxable where the same have been furnished by reason of express requirement of law, on order of the court, or to enable the party to secure some right in the action or proceeding.


LR 54-10. REMOVED CASES.

In a removed case, costs incurred in the state court before removal are taxable in favor of the prevailing party. Such costs include but are not limited to:

(a) Fees paid to the clerk of the state court;

(b) Fees for service of process in the state court;

(c) Costs of exhibits necessarily attached to documents required to be filed in the state court; and

(d) Fees for witnesses attending depositions before removal, unless the court finds that the witness was deposed without reason or necessity.


LR 54-11. COSTS AGAINST THE GOVERNMENT.

See 28 U.S.C. 2412.


LR 54-12. COSTS NOT ORDINARILY ALLOWED.

Unless substantiated by reference to statute or decision, the following costs will not ordinarily be allowed:

(a) Accountant's fees incurred for investigation;

(b) The purchase of infringing devices in patent cases;

(c) The physical examination of an opposing party;

(d) Courtesy copies of exhibits furnished to opposing counsel without request; and

(e) Motion pictures.


LR 54-13. METHOD OF TAXATION OF COSTS.

(a) Any objections to a bill of costs shall be filed and served no later than ten (10) days after service of the bill of costs. Such objections shall specify each item to which objection is made and the grounds therefor, and shall include, if appropriate, supporting affidavits or other material.

(b) On the date set for the taxation neither the parties nor their attorneys shall appear, and the clerk shall proceed to tax such costs as are properly chargeable and shall make an insertion of the costs into the docket and the judgment, if appropriate. The clerk's taxation of costs shall be final unless modified on review as provided in these rules.

(c) Notice of the clerk's taxation of costs shall be given by mailing a copy of the bill as approved by the clerk to all parties in accordance with Fed._R._Civ._P._5.


LR 54-14. REVIEW OF COSTS.

(a) A party may obtain review of the clerk's taxation of costs by motion to retax under Fed._R._Civ._P._54(d), accompanied by points and authorities. Any motion to retax costs shall be filed and served within five (5) days after receipt of the notice provided for in LR 54-13(c).

(b) A motion to retax shall particularly specify the ruling of the clerk excepted to, and no others will be considered by the court. The motion shall be decided on the same papers and evidence submitted to the clerk.


LR 54-15. APPELLATE COSTS.

The district court does not tax or retax appellate costs. The certified copy of the judgment or the mandate of the court of appeals, without further action by the district court, is sufficient basis to request the clerk of the district court to issue a writ of execution to recover costs taxed by the appellate court.


LR 54-16. MOTIONS FOR ATTORNEY'S FEES.

(a) Time for Filing. When a party is entitled to move for attorney's fees, such motion shall be filed with the court and served within fourteen (14) days after entry of the final judgment or other order disposing of the action.

(b) Content of Motions. Unless otherwise ordered by the court, a motion for attorney's fees must, in addition to those matters required by Fed._R._Civ._P._54(d)(2)(B), include the following:

(1) A reasonable itemization and description of the work performed;

(2) An itemization of all costs sought to be charged as part of the fee award and not otherwise taxable pursuant to LR 54-1 through 54-15;

(3) A brief summary of:

(A) The nature of the case;

(B) The difficulty of the case;

(C) The results obtained and the amount involved;

(D) The time and labor required;

(E) The novelty and difficulty of the questions involved;

(F) The skill requisite to perform the legal service properly;

(G) The preclusion of other employment by the attorney due to acceptance of the case;

(H) The customary fee;

(I) Whether the fee is fixed or contingent;

(J) The time limitations imposed by the client or the circumstances;

(K) The experience, reputation, and ability of the attorney(s);

(L) The undesirability of the case, if any;

(M) The nature and length of the professional relationship with the client;

(N) Awards in similar cases; and

(4) Such other information as the court may direct.

(c) Attorney Affidavit. Each motion must be accompanied by an affidavit from the attorney responsible for the billings in the case containing the following:

(1) Authentication of the information contained in the motion;

(2) A statement of the amount usually charged by the firm for costs, e.g., computer legal research, telephone surcharges, copy charges;

(3) A statement setting forth the hourly rates usually charged for similar services;

(4) A statement that the bill has been reviewed and edited; and

(5) A statement that the fees and costs charged are reasonable.

(d) Opposition. If no opposition is filed, the court may grant the motion. If an opposition is filed, it shall set forth the specific charges that are disputed and state with reasonable particularity the basis for such opposition. The opposition shall further include affidavits to support any contested fact.

(e) Hearing. If either party wishes to examine the affiant, such party must specifically make such a request in writing. Absent such a request, the court may decide the motion on the papers or set the matter for evidentiary hearing.


LR 56-1. MOTIONS FOR SUMMARY JUDGMENT.

Motions for summary judgment and responses thereto shall include a concise statement setting forth each fact material to the disposition of the motion which the party claims is or is not genuinely in issue, citing the particular portions of any pleading, affidavit, deposition, interrogatory, answer, admission, or other evidence upon which the party relies.


LR 65.1-1. QUALIFICATION OF SURETY.

Except for bonds secured by cash or negotiable bonds or notes of the United States as provided for in LR 65.1-2, every bond must have as surety:

(a) A corporation authorized by the United States Secretary of the Treasury to act as surety on official bonds under 31 U.S.C. _9304 through 9306;

(b) A corporation authorized to act as surety under the laws of the State of Nevada, which corporation shall have on file with the clerk a certified copy of its certificate of authority to do business in Nevada, together with a certified copy of the power of attorney appointing the agent authorized to execute the bond;

(c) One or more individuals each of whom owns real or personal property sufficient to justify the full amount of the suretyship; or

(d) Such other security as the court shall order.


LR 65.1-2. DEPOSIT OF MONEY OR UNITED STATES OBLIGATION IN LIEU
OF SURETY.

Upon order of the court, there may be deposited with the clerk in lieu of surety:

(a) Lawful money accompanied by an affidavit that identifies the legal owner thereof; or
(b) Negotiable bonds or notes of the United States accompanied by an executed agreement as required by 31 U.S.C. 9303(a)(3) authorizing the clerk to collect or sell the bonds or notes in the event of default.


LR 65.1-3. APPROVAL.

Unless approval of the bond or the individual sureties is endorsed thereon by opposing counsel or the party, if appearing in pro se, the party offering the bond shall apply to the court for approval. The clerk is authorized to approve bonds unless approval by the court is expressly required by law.


LR 65.1-4. PERSONS NOT TO ACT AS SURETIES.

No officer of this court nor any member of the bar of this court nor any nonresident attorney specially admitted to practice before this court nor their office associates or employees shall act as surety in this court.


LR 65.1-5. JUDGMENT AGAINST SURETIES.

Regardless of what may be otherwise provided in any security instrument, every surety who provides a bond or other undertaking for filing with this court thereby submits to the jurisdiction of the court and irrevocably appoints the clerk as agent upon whom any paper affecting liability on the bond or undertaking may be served. Liability shall be joint and several and may be enforced summarily without independent action. Service may be made upon the clerk who shall forthwith mail a copy to the surety at the last known address.


LR 65.1-6. FURTHER SECURITY OR JUSTIFICATION OF PERSONAL SURETIES.

At any time and upon reasonable notice to all other parties, a party for whose benefit a bond is presented or posted may apply to the court for further or different security or for an order requiring personal sureties to justify.


LR 66-1. RECEIVERS IN GENERAL.

In the exercise of the authority vested in the district courts by Fed._R._Civ._P._66, the rules in this part are promulgated for the administration of estates by receivers or other similar officers appointed by the court. The Federal Rules of Civil Procedure and these rules govern any civil action in which the appointment of a receiver or other similar officer is sought or which is brought by or against such an officer.


LR 66-2. NOTICE; TEMPORARY RECEIVER.

A receiver shall not be appointed except after hearing, preceded by at least ten (10) days' notice to the party sought to be subjected to receivership and to all known creditors, except that a temporary receiver may be appointed without notice upon adequate showing provided by Fed._R._Civ._P._65(b).


LR 66-3. REVIEW OF APPOINTMENT OF TEMPORARY RECEIVER.

On being appointed, the temporary receiver shall give the notice required in LR 66-2, and at the hearing the court shall determine whether a receiver shall be appointed and the receivership continued or terminated in the same manner as though no temporary receiver had been appointed.


LR 66-4. REPORTS OF RECEIVERS.

(a) At the hearing provided for in LR 66-3, the temporary receiver shall file with the court a summary report of the temporary receivership.

(b) Within sixty (60) days of being appointed, a permanent receiver shall file a verified report and account of the receiver's administration which shall be heard upon ten (10) days' notice to all parties and known creditors of the party subject to receivership. The report and account shall contain the following:

(l) A summary of the operations of the receiver;

(2) An inventory of the assets and their appraised value;

(3) A schedule of all the receiver's receipts and disbursements;

(4) A list of all known creditors with their addresses and the amounts of their claims; and

(5) The receiver's recommendations for a continuation or discontinuation of the receivership and the reasons for the recommendations.

(c) At the hearing, the court shall approve or disapprove the receiver's report and account, determine whether the receivership may continue, and fix the time for further regular reports by the receiver, if applicable.


LR 66-5. NOTICE OF HEARINGS.

Unless the court otherwise orders, the receiver shall give all interested parties and creditors at least ten (10) days' notice of the time and place of hearings of:

(a) All further reports of the receiver;

(b) All petitions for approval of the payment of dividends to creditors;

(c) All petitions for confirmation of sales of real or personal property;

(d) All applications for fees of the receiver, or of any attorney, accountant, or investigator;

(e) Any application for the discharge of the receiver; and

(f) All petitions for authority to sell property at private sale.


LR 66-6. EMPLOYMENT OF ATTORNEYS, ACCOUNTANTS, AND
INVESTIGATORS.

A receiver shall not employ an attorney, accountant, or investigator without first obtaining an order of the court authorizing such employment. The compensation of such persons shall be fixed by the court, after hearing, upon the applicant's verified application setting forth in reasonable detail the nature of the services. The application shall state under oath that the applicant has not entered into any agreement, written or oral, express or implied, with any other person concerning the amount of compensation paid or to be paid from the assets of the estate, or any sharing thereof.


LR 66-7. PERSONS PROHIBITED FROM ACTING AS RECEIVERS.

Except as otherwise allowed by statute or ordered by the court, no party in interest, attorney, accountant, employee or representative of a party in interest shall be appointed as a receiver or employed by the receiver.


LR 66-8. DEPOSIT OF FUNDS.

All funds received by a receiver shall be deposited in a depository designated by the court in an account entitled Receiver's Account, together with the name of the action.


LR 66-9. UNDERTAKING OF RECEIVER.

A receiver shall not act as such until a sufficient undertaking in an adequate amount as determined by the court is filed with the clerk.


LR 66-10. ADMINISTRATION OF ESTATES.

In all other respects or as ordered by the court, the receiver or similar officer shall administer the estate as nearly as may be in accordance with the practice in the administration of estates in Chapter 11 bankruptcy cases.


LR 67-1. DEPOSIT AND INVESTMENT OF FUNDS IN THE REGISTRY ACCOUNT;
CERTIFICATE OF CASH DEPOSIT.

(a) Cash tendered to the clerk for deposit into the Registry Account of this court shall be accompanied by a written statement titled “Certificate of Cash Deposit” which shall be signed by counsel or party appearing in pro se. The certificate shall contain the following information:
(1) The amount of cash tendered for deposit;

(2) The party on whose behalf the tender is being made;

(3) The nature of the tender, e.g., interpleader funds deposit, cash bond in lieu of corporate surety in support of temporary restraining order, etc.;

(4) Whether the cash is being tendered pursuant to statute, rule, or court order;

(5) The conditions of the deposit signed and acknowledged by the depositor;

(6) The name and address of the legal owner to whom a refund, if applicable, shall be made; and

(7) A signature block whereon the clerk can acknowledge receipt of the cash tendered. Said signature block shall not be set forth on a separate page, but shall appear approximately one inch (1_) below the last typewritten matter on the left-hand side of the last page of the Certificate of Cash Deposit and shall read as follows:

“RECEIPT
Cash as identified herein is hereby
acknowledged as being received this date.
Dated:
CLERK, U.S. DISTRICT COURT
By:
Deputy Clerk”

(b) The clerk may refuse cash tendered without the Certificate of Cash Deposit required by this rule.


LR 67-2. INVESTMENT OF FUNDS ON DEPOSIT.

(a) Funds on deposit in the Registry Account of the court pursuant to 28 U.S.C. _2041 will not be invested in the absence of an order by the court. All motions or stipulations for an order directing the clerk to invest Registry Account funds in an interest bearing account shall contain the following:

(1) The name of the bank or financial institution where the funds are to be invested;

(2) The type of account or instrument and the terms of investment where a timed instrument is involved; and

(3) Language that either

(A) Directs the clerk to deduct from income earned on the investment a fee, not exceeding that authorized by the Judicial Conference of the United States and set by the Director of the Administrative Office; or

(B) States affirmatively the investment is being made for the benefit of the United States and, therefore, no fee shall be charged.

(b) Counsel obtaining an order under these rules shall cause a copy of the order to be served personally on the clerk or the chief deputy and the financial deputy. A supervisory deputy clerk may accept service on behalf of the clerk, chief deputy or financial deputy in their absence.

(c) The clerk shall take all reasonable steps to deposit funds into interest bearing accounts or instruments within, but not more than, fifteen (15) days after having been served with a copy of the order for such investment.

(d) Any party who obtains an order directing investment of funds by the clerk shall, within fifteen (15) days after service of the order on the clerk, verify that the funds have been invested as ordered.

(e) Failure of the party or parties to personally serve the clerk, the chief deputy and financial deputy, or in their absence a supervisory deputy clerk with a copy of the order, or failure to verify investment of the funds, shall release the clerk from any liability for the loss of earned interest on such funds.

(f) It shall be the responsibility of counsel to notify the clerk regarding disposition of funds at maturity of a timed instrument. In the absence of such notice funds invested in a timed instrument subject to renewal will be reinvested for a like period of time at the prevailing interest rate. Funds invested in a timed instrument not subject to renewal will be re-deposited by the clerk into the Registry Account of the court, which is a non-interest-bearing account.

(g) Service of notice by counsel as required by LR_67-2(f) shall be made as provided in LR_67-2(b) not later than fifteen (15) days prior to maturity of the timed instrument.

(h) Any change in terms or conditions of an investment shall be by court order only, and counsel will be required to comply with LR 67-2(a) and (b).


LR 77-1. JUDGMENTS AND ORDERS GRANTABLE BY THE CLERK.

(a) The clerk is authorized, without further direction by the court, to sign and enter any order permitted to be signed by the clerk under the Federal Rules of Civil Procedure and the following:

(1) Orders specially appointing persons to serve process;

(2) Orders withdrawing exhibits under LR 79-1;

(3) Orders on stipulations:

(A) Satisfying judgments;

(B) Noting satisfaction of orders for the payment of money;

(C) Withdrawing stipulations;

(D) Annulling bonds; or

(E) Exonerating sureties.

(b) The clerk may also:

(1) Enter judgments on verdicts or decisions of the court in circumstances authorized in Fed._R._Civ._P._58;

(2) Enter default for failure to plead or otherwise defend, as provided in Fed._R._Civ._P._55;

(3) Enter judgments by default in the circumstances authorized in Fed._R._Civ._P._55(b)(1);

(4) Enter judgments pursuant to acceptance of an offer of judgment in the circumstances authorized in Fed._R._Civ._P._68;

(5) When ordered by the court in the particular case or in all cases assigned to a particular judge, enter orders under LR IA 10-2 granting permission to an attorney to practice in a particular case and orders under granting leave of court for substitution of counsel; and

(6) Enter any other order which, under Fed._R._Civ._P._77(c), does not require special direction by the court.


LR 78-1. SUBMISSION OF MOTIONS TO THE COURT.

The clerk will submit motions to the court for decision after all motion papers are filed or the time period therefor has expired, unless the party who made the motion files a written withdrawal of the motion.


LR 78-2. ORAL ARGUMENT.

All motions may, in the court's discretion, be considered and decided with or without a hearing.


LR 79-1. FILES AND EXHIBITS - CUSTODY AND WITHDRAWAL.

(a) All files and records of the court shall remain in the custody of the clerk, and no record or paper belonging to the files of the court shall be taken from the custody of the clerk without written permission of the court and then only after a receipt has been signed by the person obtaining the record or paper.

(b) The clerk shall mark and have safekeeping responsibility for all exhibits marked and identified at trial or hearing. Unless there is some special reason why the originals should be retained, the court may order exhibits to be returned to the party who offered the same upon the filing of true copies thereof in place of the originals.

(c) Unless otherwise ordered by the court, the clerk shall continue to have custody of the exhibits until the judgment has become final and the time for filing a notice of appeal and motion for a new trial has passed, or appeal proceedings have terminated.

(d) Where no appeal is taken, after final judgment has been entered and the time for filing a notice of appeal and motion for a new trial has passed, or upon the filing of a stipulation waiving the right to appeal and to a new trial, any party may upon twenty (20) days' prior written notice to all parties withdraw any exhibit originally produced by it unless some other party or person files prior notice with the clerk of a claim to the exhibit. If such a notice of claim is filed the clerk shall not deliver the exhibit except with the written consent of both the party who produced it and the claimant or until the court has determined the person entitled thereto.

(e) If exhibits are not withdrawn within twenty (20) days after notice by the clerk to the parties to claim the same, the clerk shall, upon order of the court, destroy or make such other disposition of the exhibits as the court may direct.



This information came from a
US Court - Nevada District online article.

*** Any law, statute, regulation or other precedent is subject to change at any time ***

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A Las Vegas Lawyer can help you in any area in Nevada, including:

  • Las Vegas, Nevada
  • Henderson, Nevada
  • Battle Mountain, Nevada
  • Carson City, Nevada
  • Dayton, Nevada
  • Elko, Nevada
  • Ely, Nevada
  • Eureka, Nevada
  • Fallon, Nevada
  • Fernley, Nevada
  • Goldfield, Nevada
  • Hawthorne, Nevada
  • Paradise Township, Nevada
  • Laughlin, Nevada
  • Lovelock, Nevada
  • Minden, Nevada
  • Pahrump, Nevada
  • Pioche, Nevada
  • Reno, Nevada
  • Summerlin, Nevada
  • Tonopah, Nevada
  • Virginia, Nevada
  • Wendover, Nevada
  • Winnemucca, Nevada
  • Yerington, Nevada
  • Zephyr Cove, Nevada
  • Spring Valley, Nevada
  • Mesquite, Nevada



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