EJDC Court Orders to Effect Filing Requirements
On October 2, 2019, the Eighth Judicial District Court filed an order in the administrative matter of procedures related to conformity to applicable filing requirements. See Administrative Order 19-05 (AO 19-05) available as PDF file to download: EJDC-AO-19-05.
The order addresses issues related to the supervising of administrative business of the Eighth Judicial District Court, ensuring the quality and continuity of its services, supervising its calendar, reassigning cases as convenience or necessity requires, assuring the court’s duties are timely and orderly performed, and otherwise facilitating the business of the court.
The order addresses concerns of conformity with the 2019 amendments to the Nevada Rules of Civil Procedure, Nevada Rules of Appellate Procedure, and Nevada Electronic Filing and Conversion Rules.
Of particular note, the court stated that,
“in the seven months since the amended NEFCR took effect, the clerk has seen a proliferation of self-represented litigants submit documents that do not meet the applicable filing requirements.”
IT IS ORDERED the following constitutes nonconforming documents in the Eighth Judicial District Court:
- A document that is filed in the wrong case;
- An unsigned document;
- An unsigned order;
- Multiple documents bundled together and filed as one document commencing a civil action;
- Any document filed to commence an action that is not a complaint, petition, application, or other document that initiates a civil action; or
- Any document filed to commence an action that does not have the proper case type designation or cover sheet as required by NRS 3.275.”
IT IS FURTHER ORDERED that the clerk shall not file any unsigned order. The clerk shall furnish the order to the appropriate department and shall notify the filer and all registered users receiving service under NEFCR 9(b).
IT IS FURTHER ORDERED that the clerk shall strike any document filed to commence an action that is not a complaint, petition, application, or other document that initiates a civil action pursuant to NEFCR 8(b)(3). The clerk shall close the case as filed in error and return any filing fee. The clerk must also notify the filer and all registered users receiving service under NEFCR 9(b).
IT IS FURTHER ORDERED for any other nonconforming document, if the filer is a self-represented litigant, the clerk is authorized to cure the nonconforming document, replace it with the conforming document where appropriate, and notify the filer and all registered users receiving service under NEFCR 9(b). If the filer is an attorney who filed the nonconforming document, the clerk shall provide notice and an opportunity to cure pursuant to NEFCR 8(b)(2)(A).”
AO 19-15 is available as PDF file to download at https://www.clarkcountybar.org/wp-content/uploads/EJDC-AO-19-05.pdf.