Eighth Judicial Court Rules

Rule 5.42 – Departmental assignment procedure.

Rule 5.42. Departmental assignment procedure.

  • In order to comply with the legislative mandate that multiple cases involving the same parties be assigned to the same judicial department, the following procedures shall be implemented by the family division.

          (a) “Same Parties” shall be found when the same two persons are parties in any other pending case or were the parties in any other previously decided case assigned to a department of the family division, regardless of their respective party designation (e.g., plaintiff or defendant; applicant or respondent; joint petitioner, etc.) or a child involved in the case is also involved in any other pending case or was involved in any other previously decided case assigned to a department of the family division.

          (b) Upon the filing of any action, the Clerk’s Office shall utilize the information provided on the Mandatory Family Court Cover Sheet to search the parties and child(ren)’s names to determine whether prior cases involving the same parties exist and assign cases pursuant to this rule.

          (c) Pursuant to the mandates of NRS 3.025(3), any and all new cases involving the same parties shall be assigned to the same judicial department in the following manner:

                 (1) If prior cases involving the same parties do not exist, then the case will be randomly assigned.

                 (2) If any prior case(s) involving the same parties has/have previously been filed, the new case shall be assigned to the judicial department assigned to the case filed first in time.

                 (3) The following exceptions shall apply:

                      (A) Cases filed pursuant to Chapter 62 of the Nevada Revised Statutes. Said cases shall be directly assigned to the juvenile judicial department.

                      (B) Cases filed pursuant to Chapter 432B of the Nevada Revised Statutes. Since these cases do not involve the “same parties” (the state having filed a complaint against one or both of the parties on behalf of the children), these cases shall continue to be directly assigned to the juvenile judicial department.

                      (C) Cases filed pursuant to Chapter 159 of the Nevada Revised Statutes: adult guardianship actions shall be directly assigned to the judicial department handling guardianship cases. Thereafter, said cases shall be assigned to the appropriate judicial department pursuant to Rule 5.99.

          (d) Cases filed pursuant to Chapter 130 and/or Chapter 425 of the Nevada Revised Statutes shall be randomly assigned unless a case involving the same parties has already been assigned to a specific judicial department pursuant to EDCR 5.42(c). The hearings shall continue to be scheduled before the family support masters. Any objections or hearings required to be held before a district court will be heard by the assigned judicial department.

          (e) Applications for temporary protective orders will be randomly assigned unless a case involving the same parties has already been assigned to a specific judicial department pursuant to EDCR 5.42(c). The hearings shall continue to be scheduled before the domestic violence commissioners. Any objections or hearings required to be held before a district court judge will be heard by the assigned judicial department.

          (f) Notwithstanding the provisions of this rule, if any judicial department takes action on a case, including, but not limited to, signing an order or holding a hearing, except those cases heard pursuant to EDCR 5.10, then that case (and any existing cases involving the same parties) shall be assigned to the judicial department that took such action.

          (g) Conflicts regarding judicial department assignments pursuant to this rule shall be resolved by the presiding judge or the chief judge consistent with the mandates of NRS 3.025(3).

          [Amended; effective May 18, 2012.]