Eighth Judicial Court Rules

Rule 1.90 – Caseflow management.

Rule 1.90. Caseflow management.

  • (a) Delay reduction standards.

                 (1) Time to disposition. For criminal cases, the aspirational standard of the court is for 50% of all cases to be resolved within 6 months, 90% of all cases to be resolved within 1 year (with the last 10% being only life sentence or death penalty cases) and for 100% of the cases to be resolved within 2 years. It is the goal of the court to achieve a final resolution in 80% of its civil cases within 24 months of filing and a final resolution in 95% of its cases within 36 months of the date of filing. The court recognizes that there will be exceptional cases which will not be resolved within 36 months. The court also recognizes that 100% of all cases must be resolved within 60 months from the date of filing, unless there is a written stipulation by the parties to extend deadlines under NRCP 41(e).

                 (2) Time limits for discovery commissioner. Except in complex litigation as defined in NRCP 16.1(f), the discovery commissioner shall ensure that pretrial discovery is completed within 18 months from the filing of the joint case conference report. Discovery in complex litigation shall be completed within 24 months from the filing of the joint case conference report.

                 (3) Time limits for pretrial motions. All pretrial motions shall be heard and decided no later than 15 days before the date scheduled for trial.

                 (4) Time limits for matters under submission. Unless the case is extraordinarily complex, a judge or other judicial officer shall issue a decision in all matters submitted for decision to him or her not later than 20 days after said submission. In extraordinarily complex cases, a decision must be rendered not later than 30 days after said submission. Following the decision of the judge or other judicial officer, the prevailing party shall submit a written order to the judge or judicial officer not later than 20 days from the date of the decision.

                 (5) Time limits for entry of judgments. Unless the case is extraordinarily complex, a judge or other judicial officer shall order the prevailing party to prepare a written judgment and findings of fact and conclusions of law and submit the same not later than 20 days following trial. In extraordinarily complex cases, the attorney for the prevailing party shall submit a written judgment and findings of fact and conclusions of law to the judge or judicial official not later than 30 days following the conclusion of trial.

                 (6) Time limits for remands from Nevada Supreme Court. Any case remanded for further action by the supreme court shall be scheduled for a status check no later than 30 days from issuance of the remittitur.

          (b) Civil caseflow management.

                 (1) Responsibility of trial judge. It is the clear responsibility of each individual trial judge to manage the individual calendar in an efficient and effective manner. Each judge is charged with the responsibility for maintaining a current docket.

                 (2) Dismissal calendar. Each department shall review its civil caseload for complaints not served or not answered within 180 days of filing and for civil cases pending longer than 12 months in which no action has been taken for more than 6 months. The cases shall either be disposed of or moved forward by means of a dismissal calendar held at least monthly in each department.

                 (3) Scheduling orders. The discovery commissioner shall issue a scheduling order in a civil case no later than 30 days from the filing of the joint case conference report. The scheduling order shall indicate whether the case is likely to take more than 4 weeks to try and at least 5 dates consistent with the settlement program on which the parties are requesting that a settlement conference be scheduled when all counsel plus those persons with settlement authority are available to attend at 10:30 a.m. Tuesday through Friday.

                 (4) Trial setting. Upon receipt of a scheduling order from the discovery commissioner, the trial judge shall issue a trial setting order within 60 days, setting the matter for trial no later than 12 months from the date of the discovery cut-off date set forth in the scheduling order.

                 (5) Trial date. The trial shall go forward on the date originally set, unless the court grants a continuance upon a showing of good cause. No trial date shall be continued pursuant to stipulation of the parties without approval of the trial judge. At the time a continuance is granted, the trial judge must set the case for trial at a time and date certain. The new trial date shall be set at the earliest available date within 9 months of original trial date.

                 (6) Number of trials. Each department must set a minimum of 10 cases for each full week of a trial stack. In determining the maximum number of cases to set, the judge should consider the following factors: the length of time between the filing of the trial order and the trial date, length of trial and fallout, or dispositions expected before trial date.

          (c) Caseflow review committee.

                 (1) Purpose. The purpose of the committee shall be to review the status of all dockets to identify backlogs that require attention and to review compliance with court delay reduction standards.

                 (2) Procedures. The caseflow review committee shall monitor the caseflow of each department. To assist the committee in its review, each department, on or before the 15th day of the month, shall report the following information to the caseflow review committee as to the previous month:

                       (A) The number of scheduling orders received during the month.

                       (B) A list of cases for which scheduling orders have been received but no trial dates have been set.

                       (C) A list of all cases set to begin trial during the month and a report of disposition. For any cases continued, a reason given for the continuance and the number of prior trial continuances reported.

                       (D) A list of all cases sent to overflow trial calendar and a report of disposition or reason for non-disposition and next case action date.

                       (E) A report of matters (motions and trials) taken under advisement and which have been pending more than 30 days.

                       (F) Any other reports the committee deems useful to accomplish the purpose of the caseflow review committee.

                 (3) Recommendation to chief judge. When the caseflow review committee determines that an individual judge’s docket has become backlogged due to inactivity, neglect, or inadequate management, it will recommend in writing to the chief judge appropriate action to bring the docket to current status. Prior to making such recommendation, a representative of the caseflow review committee must meet with the judge in question to discuss the problem. The action recommended by the caseflow review committee may include, but shall not be limited to the following remedial measures:

                       (A) Require the judge to attend proceedings with a judge (or judges) whose docket(s) is current, to observe the procedures employed to move the docket.

                       (B) Refuse the approval of the judge’s requests for the expenditure of funds not relating to items which impact the judge’s productivity in disposing of cases.

                       (C) Require the judge to attend an educational program on docket management and develop a written plan for improvement.

                       (D) Curtail the judge’s time away from the court.

                       (E) Recommend that the chief judge issue a letter of complaint to the Nevada Judicial Discipline Commission.

                 (4) Willful non-compliance. Should the chief judge determine that any judge’s non-compliance with the delay reduction and caseflow management standards is willful and not a result of caseload or extraordinary circumstances, the chief judge shall report the same to the chief justice of the supreme court for further action.

          (d) Caseflow management reporting.

                 (1) Complaints not served or answered within 180 days. Not less than once each month, the court administrator shall provide each department with a list of all civil cases which have not been served or answered within 180 days of the filing of the complaint. Upon receipt of the list, each judge shall determine the status of all such cases and shall, by motion with notice to the parties, set all cases lacking in prosecution for dismissal not less than monthly.

                 (2) Cases 12 months or older. Not less than 2 times per calendar year, the court administrator shall provide each department with a list of all civil cases 12 months or older, upon which there has been no activity since the initial pleadings. Upon receipt of the list, each judge may order a status report be filed, shall determine the status of all such cases and shall, by motion with notice to the parties, set all cases lacking in prosecution for dismissal not less than 2 times per year.

                 (3) Cases 36 months or older. In January and July of each year, the court administrator shall provide each department with a list of all civil cases 36 months of age or older. Upon receipt of the list, each judge may order a joint status report be filed by the parties, shall determine the status of all such cases, and shall submit a written status report to the chief judge in February and August, setting forth the status of each such case.

                 (4) Cases 48 months or older. In January of each year, the court administrator shall provide each department and the chief judge with a list of all cases which are 48 months of age or older. Upon receipt of the list, each judge may order a joint status report be filed by the parties, shall determine the status of all such cases and shall submit a written status report to the chief judge no later than 30 days from receipt of the report.

          [Added; effective January 1, 2001; amended; effective January 17, 2012.]