Rule 5.90. Dismissal of cases; closing cases; reactivation procedure; preparation of documents; issuance of decision by court.

Rule

(a) A family case which has been pending for more than 1 year and in which no action has been taken for more than 6 months may be dismissed, on the court’s own initiative, without prejudice.

(b) A case shall be designated closed by the clerk of the court if:

(1) There has been no substantial activity in the case within 31 days of the notice of entry of decree or judgment;

(2) There has been no substantial activity in a post-dispositional case within 31 days of notice of entry of a final order;

(3) There has been an involuntary dismissal without prejudice as set forth in these rules or the Nevada Rules of Civil Procedure; or

(4) Upon order of the court.

(c) Written notice of the entry of a dismissal or order of the court pursuant to this rule must be given to each party who has appeared in the action, or to the attorney for that party. Placing a copy of the notice in the attorney’s folder maintained in the Office of the Clerk of the Court constitutes notice to that attorney.

(d) A family division case which has been dismissed pursuant to this rule will be reactivated at the written request of a party or the party’s attorney if the request is filed within 30 days of the date of service of written notice of the entry of the dismissal.

(e) Once trial, motion or other hearing is completed, the court will designate an attorney or litigant to prepare the necessary documents for the court’s review and signature, including, but not limited to, proposed findings of fact and conclusions of law, decree, judgment, or order within 10 days of the completion of the trial, motion or other hearing, which results in a final decision by the court. If a case is taken under submission and additional information or documentation is requested, it must be supplied within the time allotted by the court. The court shall render its decision after receipt of the requested information or documentation.

(f) The court may issue an order to show cause for failure of a party, or attorney if represented, to prepare and submit the proposed findings of fact, conclusions of law, decree, judgment, or order within the time allotted by the court. If good cause is not shown for the delay, the non-compliant litigant or attorney, or both, may be sanctioned by the court.

(g) The court may either sign the proposed findings of fact, conclusions of law, judgment or order, or return them to the preparer with instructions for revision.

(h) Absent a written waiver of the notice of entry of final order, decree or judgment, by all the parties to the action, the party who obtains the final order, decree or judgment shall serve notice of its entry on the other parties within 10 days of the filing with the clerk of court.

(i) The court may issue an order to show cause for failure of a party or attorney to prepare and submit the notice of entry of final order, decree or judgment. If good cause is not shown for the delay, the non-compliant litigant or attorney, or both, may be sanctioned by the court.

[Amended; effective August 21, 2000.]


Commentary

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