Eighth Judicial Court Rules

Rule 2.67 – Meetings of counsel before calendar call or final pretrial conference; pretrial memorandum.

Rule 2.67. Meetings of counsel before calendar call or final pretrial conference; pretrial memorandum.

  • (a) Prior to any calendar call or final pretrial conference, the designated trial attorneys for all the parties must meet together 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. 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 agreement cannot be reached, a memorandum must be prepared separately by each attorney and so submitted. A courtesy copy of each memorandum must be delivered to the court at the time of filing.

    (b) The pretrial memorandum must be as concise as possible and must state the date the conference between the parties was held, the persons present, and include in numerical order the following items:

    (1) A brief statement of the facts of the case.

    (2) 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.

    (3) A list of affirmative defenses.

    (4) A list of all claims or defenses to be abandoned.

    (5) A list of all exhibits, including exhibits which may be used for impeachment, and a specification of any objections each party 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.

    (6) Any agreements as to the limitation or exclusion of evidence.

    (7) 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.

    (8) A brief statement of each principal issue of law which 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.

    (9) An estimate of the time required for trial.

    (10) Any other matter which counsel desires to bring to the attention of the court prior to trial.

    (c) When a party is not represented by an attorney the party must comply with this rule. Should the designated trial attorney or any party in proper person fail to comply, a judgment of dismissal or default or other appropriate judgment may be entered or other sanctions imposed.

    (d) The above requirements are in addition to the requirements mandated of counsel by N.R.C.P. 16.1(a)(3).

    [Amended; effective July 2, 2007.]