On May 7, 2020, the Nevada Supreme Court issued an administrative order, ADKT 0553, which amended Nevada Rule of Appellate Procedure 21. This order, which took effect on June 7, 2020, imposes, for the first time, limitations on the length for writ petitions. Specifically, a petition for extraordinary writ relief is now limited to 15 […]
Articles
The Nevada Supreme Court Clarifies the Scope of the Phrase “Possession, Custody, or Control” for the Purpose of Discovery
Several of Nevada’s Rules of Civil Procedure require parties, and non-parties, to produce all documents, electronically stored information, and tangible things that are within their “possession, custody, or control.” However, until recently, neither the Rules of Civil Procedure nor the Nevada Supreme Court had defined the scope of this phrase. On July 9, 2020, the […]
I Want to Appeal . . . How do I Start the Process?
If an adverse order or judgment has been entered against you or your client, and you are considering an appeal but are unsure how to initiate the process, here are three important steps to get you started: Determine if the order or judgment is appealable. First and foremost, you must determine if the adverse order […]
New Notice Requirement for Subpoenas Duces Tecum
As a result of the March 1, 2019 amendments to the Nevada Rules of Civil Procedure, there is now an additional step that litigants must take before they can subpoena a witness in Nevada. Under NRCP 45(a)(4), if you wish to subpoena a witness in order to obtain documents, electronically stored information (such as emails, […]
Solo and Small Firm Ethics Traps
There is nothing quite like striking out on your own and forming a new firm. But in their enthusiasm to do so, some lawyers forget to pay attention to details. I know this, because some of them later become my clients. What follows is a discussion of some problems that I have seen – over […]