Eighth Judicial Court Rules

Rule 2.14 Petitions for Judicial Review pursuant to the Foreclosure Mediation Rules

Rule 2.14 Petitions for Judicial Review pursuant to the Foreclosure Mediation Rules

  • (a) A Petitioner seeking Judicial Review under authority of NRS Chapter 107 must first file and then serve a memorandum of points and authorities, if desired, in support of the Petition for Judicial Review within 30 days of the date of the mediator’s statement.

          (b) Within three (3) judicial days of filing the Petition, Petitioner must file a Request for Transmission of the Record and serve it on the Administrator of the Foreclosure Mediation Program.

          (c) The Petitioner shall promptly serve the Petition by certified mail in accordance with Foreclosure Mediation Rule 5(7)(f) and NRCP 5(b)(2)(B).

          (d) Following the filing of the Petition for Judicial Review, if the Court determines that good cause is shown for the issuance of sanctions, it may issue an order scheduling an evidentiary hearing to show cause why the Respondent should not be sanctioned as provided for in NRS Chapter 107 and the Foreclosure Mediation Rules adopted by the Supreme Court.

          (e) The Respondent must serve an Answer and file a memorandum of points and authorities, if desired, in opposition to the Petition for Judicial Review within 10 judicial days after service of Petitioner’s points and authorities.

          (f) Petitioner may serve and file reply points and authorities, if desired, not later than 5 judicial days after service of Respondent’s opposition.

          (g) After Petitioner’s time to reply has expired, if an evidentiary hearing has not already been scheduled, either party may serve and file a notice of hearing with Master Calendar in the Office of the County Clerk setting the Petition for hearing on a day when the Judge to whom the case is assigned is hearing civil motions, and which is not less than 5 judicial days from the date the notice is served and filed.

          (h) All memoranda of points and authorities filed in proceedings involving Petitions for Judicial Review must be in the form provided for appellate briefs in Rule 28 of the Nevada Rules of Appellate Procedure.

          (i) Upon completion of the evidentiary hearing, the court shall issue its Decision including findings of fact and conclusions of law, within 5 judicial days.

          (j) Continuances or extensions may be granted upon stipulation and order or upon motion with a finding of good cause shown.

          (k) The statement of the Mediator in connection with these proceedings is admissible without the necessity of any additional foundation or testimony of the Mediator.

          (l) EDCRs 2.21 through 2.28, inclusive, apply to the hearing of Petitions for Judicial Review.

          [Added; effective June 18, 2010; amended; effective January 17, 2012.]