Eighth Judicial Court Rules

Rule 2.17 – First Amendment extraordinary writs.

Rule 2.17. First Amendment extraordinary writs.

  • (a) A petitioner seeking review of a claim of prior restraint under the First Amendment to the United States Constitution must label the extraordinary writ and points and authorities “First Amendment Writ.” Points and authorities in support of the writ must be served and filed concurrently with the writ, and petitioner must immediately deliver a courtesy copy of the writ and points and authorities to the assigned department.

    (b) The respondent must serve and file a memorandum of points and authorities in opposition thereto within 15 days after service of petitioner’s points and authorities.

    (c) Petitioner may serve and file reply points and authorities not later than 3 days after service of respondent’s opposition.

    (d) Within 25 days after the writ and accompanying points and authorities are filed and a courtesy copy delivered to the assigned department, the court shall conduct a hearing. The court shall rule on the writ within 30 days after the writ and accompanying points and authorities are filed and a courtesy copy delivered to the assigned department.

    (e) All memoranda of points and authorities filed in proceedings involving First Amendment Writs must be in the form provided for appellate briefs in Rule 28 of the Nevada Rules of Appellate Procedure.

    (f) Rule 2.22 through 2.28 apply to the hearing of First Amendment Writs.

    [Added; effective May 25, 1999.]