Eighth Judicial Court Rules

Rule 7.30 – Motions to continue trial settings.

Rule 7.30. Motions to continue trial settings.

  • (a) Any party may, for good cause, move the court for an order continuing the day set for trial of any cause. A motion for continuance of a trial must be supported by affidavit except where it appears to the court that the moving party did not have the time to prepare an affidavit, in which case counsel for the moving party need only be sworn and orally testify to the same factual matters as required for an affidavit. Counter-affidavits may be used in opposition to the motion.

    (b) If a motion for continuance is made on the ground that a witness is or will be absent at the time of trial, the affidavit must state:

    (1) The name of the witness, the witness’ usual home address, present location, if known, and the length of time that the witness has been absent.

    (2) What diligence has been used to procure attendance of the witness or secure the witness’ deposition, and the causes of the failure to procure the same.

    (3) What the affiant has been informed and believes will be the testimony of the absent witness, and whether the same facts can be proven by witnesses, other than parties to the suit, whose attendance or depositions might have been obtained.

    (4) The date the affiant first learned that the attendance or deposition of the absent witness could not be obtained.

    (5) That the application is made in good faith and not merely for delay.

    (c) Except in criminal matters, if a motion for continuance is filed within 30 days before the date of the trial, the motion must contain a certificate of counsel for the movant that counsel has provided counsel’s client with a copy of the motion and supporting documents. The court will not consider any motion filed in violation of this paragraph and any false certification will result in appropriate sanctions imposed pursuant to Rule 7.60.

    (d) No continuance may be granted unless the contents of the affidavit conform to this rule, except where the continuance is applied for in a mining case upon the special ground provided by NRS 16.020.

    (e) No amendments or additions to affidavits for continuance will be allowed at the hearing on the motion and the court may grant or deny the motion without further argument.

    (f) Trial settings may not be vacated by stipulation, but only by order of the court. The party moving for the continuance of a trial may obtain an order shortening the time for the hearing of the motion for continuance. Except in an emergency, the party requesting a continuance shall give all opposing parties at least 3 days’ notice of the time set for hearing the motion. The hearing of the motion shall be set not less than 1 day before the trial.

    (g) When application is made to a judge, master or commissioner to postpone a motion, trial or other proceeding, the payment of costs (including but not limited to the expenses incurred by the party) and attorney fees may be imposed as a condition of granting the postponement.

    (h) Motions or stipulations to continue a civil trial that also seek extension of discovery dates must comply with Rule 2.35.

    [Amended; effective July 2, 2007.]