Eighth Judicial Court Rules

Rule 5.87 – Meetings of counsel before calendar call or final pre-trial conference; pre-trial memorandum.

Rule 5.87. Meetings of counsel before calendar call or final pre-trial conference; pre-trial memorandum.

  • (a) Prior to any calendar call, the designated trial attorneys for all the parties must meet together to exchange their exhibits and list 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, and the court if the court decides to be involved in the pre-trial conference, 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. Each attorney must then prepare a pre-trial memorandum which must be served on the opposing party and filed not less than 10 days before the scheduled calendar call.

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

    (1) A brief statement of the facts of the case, including:

    (A) The names and ages of the parties.

    (B) The date of the marriage.

    (C) Whether any issues have been resolved and the details of the resolution.

    (D) The names, birth dates and ages of any children.

    (2) If child custody is still unresolved, proposed provisions for custody and visitation.

    (3) If child support is still unresolved, the amount of support which is requested and the factors that the court should consider in awarding support.

    (4) If spousal support is requested, whether the support is permanent or rehabilitative, the amount of support requested, the duration for which support is requested, and the factors that the court should consider in awarding support.

    (5) A brief statement of contested legal and factual issues regarding the distribution of property and debts.

    (6) If a request is being made for attorney’s fees and costs, the amount of the fees and costs incurred to date.

    (7) Any proposed amendments to the pleadings.

    (8) 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.

    (9) A list of the witnesses (including experts), other than a resident witness, which each party intends to call, and the address of each witness. Failure to list a witness, including impeachment witnesses, may result in the court’s precluding the party from calling that witness.

    (10) If spousal or child support is at issue, a current Affidavit of Financial Condition.

    (11) A list of substantial property and all secured and unsecured indebtedness in accordance with the asset and debt schedule forms provided by the court.

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

    (13) Any other matter which counsel desires to bring to the attention of the court at the calendar call conference.

    (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.

    [Amended; effective August 21, 2000.]