Nev. 7th Jud. DCR 7

Rule 7 . Motions.

Last amended: 2020Year: 2026Length: 662 wordsOfficial source
1. This rule applies to all motions of a contested nature, both criminal and civil. 2. This rule does not apply to ex parte motions or to proposed orders stipulated to by all parties, which may be presented in chambers. 3. Except by leave of Court, first obtained, all motions for summary judgment must be filed at least 30 days prior to the first day of trial. 4. Any affidavit filed pursuant to this rule shall contain only factual, evidentiary matter, conform with the requirements of N.R.C.P. 56 and avoid mere general conclusions or argument. Affidavits substantially defective in these respects may be disregarded or stricken, wholly or in part. 5. All motions shall contain a brief statement particularly describing the relief sought. The motion shall include, or be filed simultaneously with, the following: (a) Memorandum of “Points and Authorities” in support of the motion. (b) “Notice of Motion,” which shall include one of the following two alternatives: (1) “A hearing on this motion is not requested”; or (2) “A hearing on this motion is requested and a court reporter is/is not requested. It is estimated that hours should be set aside for the hearing on this motion.” A court reporter is not provided by the Court for civil actions. The parties in civil actions must arrange for the presence and payment of a court reporter. (c) Proof of service of the motion and all supporting documents. 6. Within 14 days after service of the motion, the opposing party shall serve and file a written opposition. Each opposition shall contain a brief statement describing the extent to which the relief sought by the moving party is contested. Unless the entire relief sought is contested, the opposing party shall particularly delineate which portions of the relief sought in the motion are being contested. The opposition shall include, or shall be filed simultaneously with, the following: (a) Memorandum of “Points and Authorities in Opposition to the Motion.” (b) “Notice of Opposition,” which shall include one of the following two alternatives: (1) “A hearing on this motion is not requested”; or (2) “A hearing on this motion is requested and a court reporter is/is not requested. It is estimated that hours should be set aside for the hearing on this motion.” (c) Proof of service of the opposition and all supporting documents. 7. All motions and oppositions shall be accompanied by affidavits in support of any factual contentions made in the motions or oppositions. The absence of a memorandum of Points and Authorities in support of the motion or in opposition may be construed by the Court as an admission that the motion or opposition is not meritorious and is cause for granting or denying the motion. 8. Counsel may extend the time for filing an opposition, without an order from the Court, by filing a written stipulation. 9. The moving party may serve and file a reply Points and Authorities within 5 days after service of the answering Points and Authorities. 10. The Judge may be unaware of the existence of a motion until the filing of a “Request for Review.” Any party may file a “Request for Review” whenever a motion is at issue. When a party files a “Request for Review,” the Court Clerk shall deliver that file to the Judge’s chambers for consideration of the motion. 11. A decision shall be rendered without hearing unless oral argument or an evidentiary hearing is ordered by the Court, in which event the Court will issue an order setting a date and time for a hearing. 12. Proposed orders shall accompany the motion and opposition. 13. A courtesy copy of all motions and oppositions shall be provided to the Judge’s chambers by counsel when the original is filed. 14. Except in extraordinary circumstances, all motions in limine or other motions seeking a ruling on the admissibility of evidence shall be filed and served at least 15 days prior to the first day of trial.
Nev. 7th Jud. DCR 7: Rule 7 . Motions. | Justis AI