Rule 11 - Motions: Procedure for making motions; affidavits and unsworn declarations; renewal, rehearing of motions(a) A party filing a motion shall 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 and cause for its denial or as a waiver of all grounds not so supported.(b) Within 10 days after the service of the motion, the opposing party shall serve and file a written opposition thereto, together with a memorandum of points and authorities and supporting affidavits or unsworn declarations, if any, stating facts showing why the motion should be denied. Failure of the opposing party to serve and file a written opposition may be construed as an admission that the motion is meritorious and a consent to granting the same.(c) The moving party may serve and file reply points and authorities within 5 days after service of the opposing points and authorities. Upon the expiration of the 5-day period, either party may notiffy the calendar clerk to submit the matter for decision by filing and serving all parties with a written request for submission of the motion, except that dispositive motions must be set for hearing.(d) The affidavits or unsworn declarations to be used by either party shall identify the affiant or declarant, the party on whose behalf it is submitted, and the motion or application to which it pertains and shall be served and filed with the motion, or opposition to which it relates. Affidavits or unsworn declarations shall contain only factual, evidentiary matter, shall conform with the requirements of JCRCP 56(e), and shall avoid mere general conclusions or argument. Affidavits or unsworn declarations substantially defective in these respects may be stricken, wholly or in part.(e) Factual contentions involved in any pretrial or post-trial motion shall be initially presented and heard upon affidavits or unsworn declarations. Oral testimony may be received at a hearing with the approval of the court, or the court may set the matter for a hearing at a time in the future and allow oral examination of the affiants or declarants to resolve factual issues shown to be in dispute.(f) No motion once heard and disposed of shall be renewed in the same cause, nor shall the same matters therein embraced be reheard, unless by leave of the court.(g) All motions regarding discovery disputes shall include the certificate of the moving party certifying that after consultation with the opposing party, they have been unable to resolve the matter.(h) Except by leave of the court, all motions for summary judgment must be submitted to the court at least 30 days prior to the date the case is set for trial.(i) If a motion for rehearing is granted, the court may make a final disposition of the cause without argument, or may restore it to the calendar for argument or resubmission, or may make such other orders as are deemed appropriate under the circumstances of the particular case.(j) All motions in limine are to be governed by Rule 23.(k) A certificate of service must be filed within 3 judicial days of service of any motion, opposition, or reply.(l) For purposes of this rule, service of a motion, opposition, or reply must be made upon the party's "last known address," which is defined as follows: (1) The address is currently on file with the court; or(2) If a "change of address" form has been filed by the party to be served, the most recent address that appears in that form.Nev. R. Prac. Justice. Ct. Las. Veg. Tow. 11
Added; effective 1/1/2007; amended; effective 8/11/2010.