No. ADKT 418.Supreme Court of Nevada.
November 10, 2009.
ORDER AMENDING EIGHTH JUDICIAL DISTRICT COURT RULES
WHEREAS, on September 23, 2009, the Honorable Judge T. Arthur Ritchie, Chief Judge of the Eighth Judicial District Court and the Honorable Valorie J. Vega, Chairperson of the Rules committee of the Eighth Judicial District Court filed a petition in this court seeking amendment of Eighth Judicial District Court Rules 1.14, 1.64 and 8.06; and
WHEREAS, this court has considered the petition and concludes that the proposed amendments are warranted; accordingly,
IT IS HEREBY ORDERED that Rules 1.14, 1.64 and 8.06 of the Eighth Judicial District Court Rules shall be amended and shall read as set forth in Exhibit A; and
IT IS FURTHER ORDERED that these amendments shall be effective 30 days from the date of this order. The clerk of this court shall cause a notice of entry of this order to be published in the official publication of the State Bar of Nevada. Publication of this order shall be accomplished by the clerk disseminating copies of this order to all subscribers of the advance sheets of the Nevada Reports and all persons and agencies listed in NRS 2.345, and to the executive director of the State Bar of Nevada. The certificate of the clerk of this court as to the accomplishment of the above-described publication of notice of entry and dissemination of this order shall be conclusive evidence of the adoption and publication of the foregoing rule amendments.
Dated this 10th day of November, 2009.
BY THE COURT JAMES W. HARDESTY, Chief Justice
RON D. PARRAGUIRRE
Associate Justice
MICHAEL L. DOUGLAS
Associate Justice
MICHAEL A. CHERRY
Associate Justice
NANCY M. SAITTA
Associate Justice
MARK GIBBONS
Associate Justice
KRISTINA PICKERING
Associate Justice
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EXHIBIT A AMENDMENTS TO THE LOCAL RULES OF PRACTICE FOR THE EIGHTH JUDICIAL DISTRICT COURT Rule 1.14. Time; judicial days; service by mail.
(a) In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run must not be included. The last day of the period so computed must be included, unless it is a Saturday, a Sunday, or a non-judicial day, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a non-judicial day, or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the district court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. The County Clerk shall memorialize and maintain in a written log all such inaccessible days. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and non-judicial days must be excluded in the computation.
(b) If any day on which an act required to be done by any one of these rules falls on a Saturday, Sunday or legal holiday, the act may be performed on the next succeeding judicial day.
(c) Except as otherwise provided in paragraph (d) of this rule, whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, a motion for a new trial, a motion to vacate judgment pursuant to NRCP 59 or a notice of appeal, and the notice or paper is served upon the party by mail, either U.S. Mail or court authorized electronic mail, or by electronic means, [3]three (3) days must be added to the prescribed period.
(d) The [3] three (3) calendar days provided for in paragraph (c) of this rule shall not apply to criminal proceedings due to the necessity of getting matters on the calendar as quickly as possible as provided for in EDCR 3.20.
Rule 1.64. Assignment of criminal cases.
(a) Each criminal case must be randomly assigned to the criminal trial judge aligned with that department of justice court which initiated the case, in accordance with the track and team system. This rule does not apply to misdemeanor appeals.[The trial judges in the criminal division will rotate thehearing of misdemeanor appeals on a monthly basis.]
(b) When an indictment is filed against a defendant who had the same case pending against him or her filed by complaint in justice court, the indictment must be assigned directly to the trial judge to whom the complaint had originally been tracked.
Rule 8.06. Service on parties; time to respond or act.
(a) Except as otherwise provided in paragraph (b) of this rule, notwithstanding any prior Order of this Court, whenever a party has the right or is required
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to do some act or file same within the prescribed response period after the service of a notice or other paper, other than process, and the notice or paper is electronically served upon the party, three (3) calendar days must be added to the prescribed period.
(b) The three (3) calendar days provided for in paragraph (a) of this rule shall not apply to criminal proceedings due to the necessity of getting matters on the calendar as quickly as possible as provided for in EDCR 3.20.
(c) This extension shall not extend the time for filing:
(1) a motion for a new trial;
(2) a motion to vacate judgment pursuant to NRCP 59; or
(3) a notice of appeal.
(d) Electronic service is complete at the time of acceptance of the document by the Clerk.