Rule 23 - Trial memoranda(a) When all parties are represented by counsel, the designated trial attorneys for all of the parties must meet together, prior to any final pretrial conference, to exchange their exhibits and lists of witnesses, and arrive at stipulations and agreements, all for the purpose of simplifying the issues to be tried. The plaintiff must designate the time and place of the meeting, which must be within Clark County, unless the parties agree otherwise. At this conference between counsel, all exhibits must be exchanged and examined and counsel must also exchange a list of the names and addresses of all witnesses, including experts, to be called at the trial. Unless otherwise ordered by the court, the attorneys must then prepare a joint pretrial memorandum which must be served and filed not less than 15 days before the date set for trial. If an agreement cannot be reached, a pretrial memorandum must be prepared separately by each attorney and so submitted. A courtesy copy of each pretrial memorandum must be delivered to the court at the time of filing.(b) When not all parties are represented by counsel:(1) Any party may elect to file a pretrial memorandum to assist the court; and(2) A party must file a pretrial memorandum if ordered by the court to do so.(c) A pretrial memorandum under this rule must be as concise as possible and must include in numerical order the following items:(1) If applicable, the date that the conference between the parties under subsection (a) was held, and the persons present;(2) A concise statement of the claimed facts supporting the party's claims or defenses. Such facts shall be organized by listing each essential element of the claim or defense and separately stating the facts in support of each such element. Admitted or undisputed facts must also be stated separately.(3) A list of all claims for relief designated by reference to each claim or paragraph of a pleading and a description of the claimant's theory of recovery with each category of damage requested.(4) A list of affirmative defenses.(5) A list of all claims of defenses to be abandoned.(6) A list of all exhibits, including exhibits which may be used for impeachment, and a specification of any objections each )arty may have to the admissibility of the exhibits of an opposing party. If no objection is stated, it will be presumed that counsel has no objection to the introduction into evidence of these exhibits.(7) Any agreements as to the limitation or exclusion of evidence.(8) A list of the witnesses (including experts), and the address of each witness which each party intends to call. Failure to list a witness, including impeachment witnesses, may result in the court's precluding the party from calling that witness.(9) A brief statement of each principal issue of law that may be contested at the time of trial. This statement shall include with respect to each principal issue of law the position of each party.(10) An estimate of the time required for trial.(11) In nonjury cases, a list of summaries of schedules referring to attached, itemized exhibits concerning any subject matter that involves accounting, computation, chronology, or similar data reasonably calling for orderly itemization, e.g., wages, income, expenses, inventories, business operations, tax computations, disability periods, property losses, itemizations of claimed losses or injuries, and the data and reasons upon which an expert bases his opinion (not the opinion itself), which clearly reflect the claims, defenses, or evidence of the party, together with references to the records or other sources upon which such summaries or schedules are based.(12) Certification by counsel that discovery has been completed, unless late discovery has been agreed to by all parties or allowed by order of the court.(13) Certification by counsel that, prior to the filing of the pretrial memorandum, they have personally met and conferred in good faith to resolve the case by settlement.(14) All motions in limine to exclude or admit evidence must be in writing and filed no later than 30 days prior to trial. The court may refuse to consider any oral motion in limine and any motion in limine that is not timely filed.(15) Any other matter that counsel or a party desires to bring to the attention of the court prior to trial.(d) The above requirements are in addition to the requirements mandated of counsel by JCRCP 16.1.(e) In cases to be tried before a jury, the memoranda set forth in JCRCP 39A shall be used in lieu of a pretrial memorandum.(f) Unless otherwise ordered by the court, an attorney may also elect to submit to the court in any civil case, a separate trial memoranda of points and authorities prior to the commencement of trial by delivering one unfiled copy to the court, without serving opposing parties or filing the same. The original trial memoranda of points and authorities must be filed and a copy must be served upon opposing parties at or before the close of trial.Nev. R. Prac. Justice. Ct. Las. Veg. Tow. 23
Added; effective 1/1/2007; amended; effective 8/11/2010.