Rule 2.20 - Motions; contents; responses and replies; calendaring a fully briefed matter(a) Unless otherwise ordered by the court, papers submitted in support of pretrial and post-trial briefs shall be limited to 30 pages, excluding exhibits. Where the court enters an order permitting a longer brief or points and authorities, the papers shall include a table of contents and table of authorities.(b) All motions must include the designation "Hearing Requested" or "Hearing Not Requested" in the caption of the first page of the motion directly below the Case Number and Department Number. Motions filed with the designation "Hearing Not Requested" will not be set for hearing but will be set for decision by the clerk on the "Chambers" calendar of the assigned department on a date consistent with the manner in which the clerk sets matters for hearing. If the motion contains neither designation, the clerk shall strike it after notice and an opportunity to cure is given, as provided in EDCR 8.03. Any motion filed with the designation "Hearing Not Requested" may be set for hearing at the court's request, or at the_request of the adverse party who shall make the request by including the designation "Hearing Requested" in the caption of the first page of the Opposition, directly below the Case Number and Department Number. If such a designation is made, the clerk shall set the matter for hearing. Discovery motions that are to be heard by the discovery commissioner must include the designation "Discovery Hearing Requested" in the caption of the first page of the motion directly below the Case Number and Department Number. (c) A party filing a motion must also serve and file with it a memorandum of points and authorities in support of each ground thereof. The absence of such memorandum may be construed as an admission that the motion is not meritorious, as cause for its denial or as a waiver of all grounds not so supported.(d) Within 7 days after service of the motion, a nonmoving party may file written joinder thereto, together with a memorandum of points and authorities and any supporting affidavits. If the motion becomes moot or is withdrawn by the movant, the joinder becomes its own stand-alone motion and the court shall consider its points and authorities in conjunction with those in the motion. A joining nonmoving party may designate "Hearing Requested" if no hearing has already been requested by the moving party, and the clerk shall set the matter for hearing.(e) Within 14 days after the service of the motion, and 5 days after service of any joinder to the motion, the opposing party must serve and file written notice of nonopposition or opposition thereto, together with a memorandum of points and authorities and supporting affidavits, if any, stating facts showing why the motion and/or joinder should be denied. Failure of the opposing party to serve and file written opposition may be construed as an admission that the motion and/or joinder is meritorious and a consent to granting the same.(f) An opposition to a motion that contains a motion related to the same subject matter will be considered as a countermotion. A countermotion will be heard and decided at the same time set for the hearing of the original motion if a hearing was requested, unless the court sets it for hearing at a different time. (g) A moving party may file a reply memorandum of points and authorities not later than 7 days before the matter is set for hearing, by the clerk, if a hearing was requested or set by the court. A reply memorandum must not be filed within 7 days of the hearing or in open court unless court approval is first obtained. If a hearing has not been requested or set by the court, any reply must be filed and served not later than 7 days after service of the opposition.(h) Whenever a motion is contested, a courtesy copy of the motion, along with all related briefing, affidavits, and exhibits, shall be delivered by the movant to the appropriate department at least 7 days prior to the date of the hearing. If no hearing has been requested, the courtesy copy shall be delivered after the time for the filing of the last briefing, paper has run.(i) A memorandum of points and authorities that consists of bare citations to statutes, rules, or case authority does not comply with this rule and the court may decline to consider it. Supplemental briefs will only be permitted if filed within the original time limitations of paragraphs (d), (e), or (g), or by order of the court.(j) If a petition, writ, application or motion has been fully briefed but is not calendared for hearing or decision, the party seeking relief shall deliver to the chambers of the assigned department a Notice of Readiness for Decision.Nev. R. Prac. Eight Jud. Dist. Ct. 2.20
Amended effective 7/29/2011; amended effective 3/1/2016; amended effective 1/1/2020.