Eighth Judicial Court Rules

Rule 1.60 – Assignment or transfer of cases generally.

Rule 1.60. Assignment or transfer of cases generally.

  • (a) The chief judge shall have the authority to assign or reassign all cases pending in the district. Additionally, the presiding judge of the family division shall have the authority to assign or reassign cases pending in the family division; the civil presiding judge shall have the authority to assign or reassign civil cases pending in the civil/criminal division; and the criminal presiding judge shall have the authority to assign or reassign criminal cases pending in the civil/criminal division. Unless otherwise provided in these rules, all cases must be distributed on a random basis. However, when a case is remanded to a lower court or tribunal for further proceedings, it must be returned to the original judge at the conclusion of these proceedings.

    (b) The chief judge may, in the event the calendar of any judge becomes unusually congested due to extraordinary circumstances, redistribute a calendar or a portion thereof on an equitable basis provided, however, that the calendar of a judge serving in the family division may not be redistributed in violation of NRS 3.0105.

    (c) Any judge who plans to be absent on a judicial day (for vacation, education or other court approved project) must reset the time for the hearing of his or her cases or arrange for another department to handle the judge’s calendar, and shall coordinate planned absences with the chief judge to assure that adequate judicial coverage is maintained. If a judge is ill or unexpectedly absent, the judge’s secretary or the chief judge must arrange for the absent judge’s calendar to be heard by any other district judge.

    (d) Judges who disqualify themselves from hearing a case must direct the entry of an appropriate minute order for reassignment on a random basis. If all the trial judges in this district are disqualified, the clerk must notify the court administrator to reassign the case to a senior judge or a visiting judge from another judicial district.

    (e) Under the supervision of the chief judge, the court administrator shall assign appropriate matters to available senior judges and visiting judges.

    (f) No attorney or party may directly or indirectly influence or attempt to influence the clerk of the court or court staff or any officer thereof to assign a case to a particular judge. A violation of this rule is an act of contempt of court and may be punished accordingly.

    (g) These rules also apply to the family division, its judges and presiding judge.

    (h) When, upon motion of a party, or sua sponte by the court, it appears to the assigned judge that a case has been improperly assigned to the wrong division of the court, then that judge must transfer the case to the correct division and order the clerk’s office to randomly reassign the case to a judge serving in the new division. Any objection to the ruling must be heard by the presiding judge of the division from which the case was reassigned in the same manner as objections to a discovery recommendation under Rule 2.34(f). Disputes concerning case assignments that remain unresolved shall be resolved by the chief judge. The ruling of the chief judge is final and non-appealable.

    [Amended; effective June 18, 2010.]