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Articles 1 - 30 of 382
Full-Text Articles in Civil Procedure
Davis V. Dist. Ct., 123 Nev. Adv. Op. 58 (Aug. 27, 2026), Tristen Fleig
Davis V. Dist. Ct., 123 Nev. Adv. Op. 58 (Aug. 27, 2026), Tristen Fleig
Nevada Supreme Court Summaries
In Davis v. Dist. Ct., the Supreme Court upheld the court's authority to issue orders and impose sanctions during discovery, after Petitioner claimed NAC 641.234(3) limited the court's authority to order disclosure of psychologist data.
8933 Square Knot Trust, A Nevada Trust, Appellant V. The Bank Of New York Mellon, 142 Nev. Adv. Op. 56 (Aug. 20, 2026), William Fischer
8933 Square Knot Trust, A Nevada Trust, Appellant V. The Bank Of New York Mellon, 142 Nev. Adv. Op. 56 (Aug. 20, 2026), William Fischer
Nevada Supreme Court Summaries
Under NRCP 12(g)(2), additional motions for dismissal may not be filed unless for lack of subject-matter jurisdiction or the arguments were preserved at initial filing. Subject-matter jurisdiction is determined at the onset of a proceeding.
Lytle Trust Et Al V. Gerry R. Zobrist & Jolin G. Zobrist Family Trust Et Al, 142 Nev. Adv. Op. 50 (July 2, 2026), William Mcadorey
Lytle Trust Et Al V. Gerry R. Zobrist & Jolin G. Zobrist Family Trust Et Al, 142 Nev. Adv. Op. 50 (July 2, 2026), William Mcadorey
Nevada Supreme Court Summaries
Under NRS 22.100(3), attorney fee awards under the lodestar method are generally calculated using the billed rate the prevailing party is actually charged, absent distinct circumstances.
Zhang V. Zhang, 142 Nev. Adv. Op. 45 (June 18, 2026), Nathan Mackay
Zhang V. Zhang, 142 Nev. Adv. Op. 45 (June 18, 2026), Nathan Mackay
Nevada Supreme Court Summaries
Even when a party has violated their disclosure requirements, a district court must analyze the Young factors before issuing a discovery sanction that effectively terminates the case with prejudice.
The Court Of Small Things, The Curse Of Legal Superstition: The Precipitous Decline Of Small Claims Court, Why It Matters, And What Can Be Done About It, Telia Mary U. Williams
The Court Of Small Things, The Curse Of Legal Superstition: The Precipitous Decline Of Small Claims Court, Why It Matters, And What Can Be Done About It, Telia Mary U. Williams
Nevada Law Journal
This Article addresses the precipitous decline of small claims courts in the United States and argues that their erosion is more than administrative; it is a democratic and constitutional crisis. Small claims courts were once the laboratories of everyday justice, where ordinary citizens could access law without lawyers, ritual, or mystery. The seemingly minor disputes of the small claims court illuminate the democratic soul of American law. Yet, over recent decades, filings have declined dramatically, and the locus of power has shifted from the poor to repeat-player institutional actors. This is in part due to what I call, “legal superstition,” …
Powers V. Dist. Ct., 142 Nev. Adv. Op. 35 (May 14, 2026), Luis Dorantes
Powers V. Dist. Ct., 142 Nev. Adv. Op. 35 (May 14, 2026), Luis Dorantes
Nevada Supreme Court Summaries
NRS 629.620 is unconstitutional and of no effect to the extent that it conflicts with NRCP 35 in governing court-ordered mental and physical examinations during civil discovery.
Rosenbrook V. Lloyd, 142 Nev. Adv. Op. 36 (May 14, 2026), David Elder
Rosenbrook V. Lloyd, 142 Nev. Adv. Op. 36 (May 14, 2026), David Elder
Nevada Supreme Court Summaries
Motions to dismiss in defamation cases should not be granted in full when some communications are protected under the anti-SLAPP statute and others are not.
Lennar Communities Nevada, Llc, And Greystone Nevada, Llc V. Pamela Whalen, 142 Nev. Adv. Op. 29 (Apr. 16, 2026), Christianne White
Lennar Communities Nevada, Llc, And Greystone Nevada, Llc V. Pamela Whalen, 142 Nev. Adv. Op. 29 (Apr. 16, 2026), Christianne White
Nevada Supreme Court Summaries
Courts should employ a totality of the circumstances test when determining if a party acted inconsistently with the right to arbitrate.
Vegas Aqua, Llc Vs. Jupitor Corp., 142 Nev. Adv. Op. 21 (Mar. 05, 2026), Miranda Romero
Vegas Aqua, Llc Vs. Jupitor Corp., 142 Nev. Adv. Op. 21 (Mar. 05, 2026), Miranda Romero
Nevada Supreme Court Summaries
The plain language of Nevada Short Trial Rules (NSTR) Rule 3(d) requires a district court judge to adjudicate objections to proposed judgments rather than a short trial judge, and public policy requires adjudication of any proposed NRCP 59 motions.
Behind Every Case Is A Conversation, Donna Shestowsky
Behind Every Case Is A Conversation, Donna Shestowsky
Nevada Law Journal
Lawyers play a central role in guiding clients through critical decisions that shape the trajectory of litigation. Among the most consequential of these is the choice of procedures by which disputes will be resolved—whether through trial, mediation, arbitration, or other mechanisms. Despite the weight of these decisions, legal scholarship offers little guidance on how lawyers might structure conversations about procedural options. This Article seeks to address that gap by drawing on empirical research from psychology and related disciplines to develop recommendations for educating and counseling clients—particularly those with little or no prior exposure to the civil justice system—so that they …
Our Nev. Judges, Inc. V. Dist. Ct., 142 Nev. Adv. Op. 16 (Feb. 26, 2026), Michael Martinelli
Our Nev. Judges, Inc. V. Dist. Ct., 142 Nev. Adv. Op. 16 (Feb. 26, 2026), Michael Martinelli
Nevada Supreme Court Summaries
A Writ of Mandamus cannot join claims from separate and distinct cases except in rare circumstances.
City Of Reno V. Dist. Ct. (Conrad) (Civil) [State Of Nevada], 142 Nev. Adv. Op. 13 (Feb. 26, 2026), Nathan Mackay
City Of Reno V. Dist. Ct. (Conrad) (Civil) [State Of Nevada], 142 Nev. Adv. Op. 13 (Feb. 26, 2026), Nathan Mackay
Nevada Supreme Court Summaries
Before issuing an ex parte writ of mandamus, a district court must address why regular inter partes procedure is inadequate. A district court that does not consider whether ex parte practice is appropriate abuses its discretion in issuing the writ.
Burns (Gregory) V. Eighth Judicial Dist. Ct. (Doe) (Civil), 142 Nev. Adv. Op. 8 (Jan. 29, 2026), Charnel Gibson
Burns (Gregory) V. Eighth Judicial Dist. Ct. (Doe) (Civil), 142 Nev. Adv. Op. 8 (Jan. 29, 2026), Charnel Gibson
Nevada Supreme Court Summaries
The Nevada Supreme Court adopted a balancing test for pseudonymous civil cases. Because the sexual-assault plaintiff’s privacy outweighed any prejudice and the public interest, the Court denied mandamus relief.
El Cortez Reno Holdings, Llc V. Pfpco.’S Noble Pie Parlor, 141 Nev. Adv. Op. 68 (Dec. 23, 2025), Anastasia Vinson
El Cortez Reno Holdings, Llc V. Pfpco.’S Noble Pie Parlor, 141 Nev. Adv. Op. 68 (Dec. 23, 2025), Anastasia Vinson
Nevada Supreme Court Summaries
"Professional courtesy" cannot be relied on to excuse procedural failures, as unopposed motions may be treated as concessions under DCR 13(3).
State Of Nevada Comm’R Of Insurance V. Chur; Chur V. State Of Nevada Comm’R Of Insurance, 141 Nev. Adv. Op. 69 (Dec. 23, 2025), Christianne White
State Of Nevada Comm’R Of Insurance V. Chur; Chur V. State Of Nevada Comm’R Of Insurance, 141 Nev. Adv. Op. 69 (Dec. 23, 2025), Christianne White
Nevada Supreme Court Summaries
The Court determined a plaintiff may amend a complaint in response to a clarification of the pleading standard.
Franceschi V. Lg Chem, Ltd., 141 Nev. Adv. Op. 65 (Dec. 18, 2025), Eden Tesfay
Franceschi V. Lg Chem, Ltd., 141 Nev. Adv. Op. 65 (Dec. 18, 2025), Eden Tesfay
Nevada Supreme Court Summaries
When there is a disconnect between a defendant’s contacts with the forum state and the harm alleged by the plaintiff, specific jurisdiction may not lie with the forum court.
Bagelmania Holdings, Llc V. Rdh Interests, Inc. C/W 87901, 141 Nev. Adv. Op. 62 (Dec. 04, 2025), Miranda Romero
Bagelmania Holdings, Llc V. Rdh Interests, Inc. C/W 87901, 141 Nev. Adv. Op. 62 (Dec. 04, 2025), Miranda Romero
Nevada Supreme Court Summaries
Affidavit-of-merit and expert report requirements under NRS § 11.258 are satisfied under a single set of submissions where the complainants (1) file a joint complaint, (2) assert identical claims, and (3) represented by the same attorney.
State Of Nevada V. Degraffenreid, 141 Nev. Adv. Op. 56 (Nov. 13, 2025), William Mcadorey
State Of Nevada V. Degraffenreid, 141 Nev. Adv. Op. 56 (Nov. 13, 2025), William Mcadorey
Nevada Supreme Court Summaries
No abstract provided.
Tiktok, Inc. V. Dist. Ct. [State Of Nevada], 141 Nev. Adv. Op. 51 (Nov. 06, 2025) (En Banc), Erika Loveland
Tiktok, Inc. V. Dist. Ct. [State Of Nevada], 141 Nev. Adv. Op. 51 (Nov. 06, 2025) (En Banc), Erika Loveland
Nevada Supreme Court Summaries
Online platforms establish specific jurisdiction when they collect and sell Nevada users' data. The CDA § 230 and 1st Amendment do not bar claims for design flaws or safety misrepresentations at the pleading stage.
Virgin Valley Water Dist. Vs. Paradise Canyon, Llc, 141 Nev. Adv. Op. 19 (Apr. 24, 2025), Cassandra White
Virgin Valley Water Dist. Vs. Paradise Canyon, Llc, 141 Nev. Adv. Op. 19 (Apr. 24, 2025), Cassandra White
Nevada Supreme Court Summaries
A GOVERNMENT AGENT IS CONSIDERED A PRIVATE PARTY IN CONTRACT DISPUTES, A JUDGE DETERMINES QUESTIONS OF LAW, THE COVENANT OF GOOD FAITH AND FAIR DEALING DOES NOT APPLY TO ACTIONS THAT COMPLY WITH A CONTRACT, ONLY A PERMIT HOLDER IS REQUIRED TO SHOW BENEFICAL USE OF PUBLIC WATER, UNAMBIGOUS CONTRACT PROVISIONS SHOULD BE CONSIDERED, A JUDGE CANNOT TAKE JUDICIAL NOTICE OF THEIR OWN FACTS, ATTORNEY COMMENTS SHOULD NOT BE IRRELEVANT AND INFLAMMATORY, AND TIME LIMITS CANNOT BE ARBITRARILY ENFORCED.
Participatory Defense And Three Pillars Of Criminal Injustice, Isis Misdary
Participatory Defense And Three Pillars Of Criminal Injustice, Isis Misdary
Nevada Law Journal
No abstract provided.
Public Defender Workload And The Promise Of Gideon, M. Eve Hanan
Public Defender Workload And The Promise Of Gideon, M. Eve Hanan
Scholarly Works
Gideon v. Wainwright, which was decided in 1963, held that the Sixth Amendment guarantees the right to counsel for poor people charged with crimes in state court.1 Over the six decades since Gideon was decided, states have grappled with how to provide public defense services.
The 2022 Alabama Executions And The Crisis Of American Capitalpunishment, Alexandra L. Klein
The 2022 Alabama Executions And The Crisis Of American Capitalpunishment, Alexandra L. Klein
Nevada Law Journal
No abstract provided.
Preventing A (Replication) Crisis In The Courtroom, Kaitlin Mccormick-Huhn
Preventing A (Replication) Crisis In The Courtroom, Kaitlin Mccormick-Huhn
Nevada Law Journal
No abstract provided.
In Re Tr. Of Burgauer, 138 Nev. Adv. Op. 79 (Dec. 15, 2022), Eva Guevara-Gutierrez
In Re Tr. Of Burgauer, 138 Nev. Adv. Op. 79 (Dec. 15, 2022), Eva Guevara-Gutierrez
Nevada Supreme Court Summaries
For the District Court of Nevada to have specific personal jurisdiction over a nonresident trustee, they must meet the Calder effects test to show that the defendant purposefully directed his actions towards Nevada. Mere actions towards a plaintiff living in Nevada will not amount to sufficient contacts in Nevada. Margaret must show Steven expressly aimed his actions at Nevada. Margaret failed to bring prima facie evidence of the effects in Nevada. Therefore, Nevada does not have specific personal jurisdiction over Steven.
Moroney V. Young, 138 Nev. Op. 76 (Nov. 23, 2022), Kathryn James
Moroney V. Young, 138 Nev. Op. 76 (Nov. 23, 2022), Kathryn James
Nevada Supreme Court Summaries
When a plaintiff timely moves for an extension of the service period under NRCP 4(e)(3), the district court must consider the Scrimer factors. This includes factors that relate to the plaintiff’s diligence in attempting service and to any circumstances beyond the plaintiff’s control that may have resulted in the failure to timely serve the defendant. The Court addressed which factors are to be applied when a district court considers a timely motion to extend the service period for a summons and complaint. The Court had previously articulated the relevant factors to determine whether a plaintiff has shown good cause for …
Torremoro V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 54 (July 07, 2022), Mackenzie Sullivan
Torremoro V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 54 (July 07, 2022), Mackenzie Sullivan
Nevada Supreme Court Summaries
The Supreme Court of Nevada addressed the standard for substituting an expert witness after the close of discovery and considered whether the district court abused its discretion in modifying the scheduling order, reopening discovery, and granting the motion to substitute. Torremoro requested a writ of mandamus requesting this Court to instruct the district court to reverse its order allowing substitution of an expert witness. The Court found that NRCP 16(b)(4)’s “good cause” test, in combination with any relevant local rules, provides the standard governing when a district court may modify a scheduling order. 2 The Court also concluded that the …
Hung Vs. Berhad, 138 Nev. Adv. Op. 50 (June 30, 2022), Candace Mays
Hung Vs. Berhad, 138 Nev. Adv. Op. 50 (June 30, 2022), Candace Mays
Nevada Supreme Court Summaries
The Supreme Court of Nevada considered whether the district court erred in dismissing the appellants’ complaint on procedural grounds without granting leave to amend so that they could remedy any deficiencies in their pleadings thus far. The Court held that neither the appellants’ original complaint, first amended complaint, nor proposed second amended complaint, contained facts sufficient to show leave to amend would not be futile. Accordingly, the Court affirmed the district court’s dismissal of the complaint.
Cox V. Mgm Grand Hotel, Lcc., 138 Nev. Adv. Op. 27 (Apr. 14, 2022), Anne-Greyson Long
Cox V. Mgm Grand Hotel, Lcc., 138 Nev. Adv. Op. 27 (Apr. 14, 2022), Anne-Greyson Long
Nevada Supreme Court Summaries
This case addressed when the district court can and should grant a remand for a new trial when a party claimed that evidentiary and instructional errors prejudiced their case. The particular issue in this case was the admittance of six surveillance videos that contradicted in-court presentation.
Preserving Issues For Appeal In Nevada's Federal Courts, Micah Echols, Tom Stewart
Preserving Issues For Appeal In Nevada's Federal Courts, Micah Echols, Tom Stewart
Nevada Law Journal Forum
Attorneys in federal courts across the country, including in the District of Nevada, are aware of the age-old rule that, generally, new issues cannot be raised for the first time on appeal. The question then becomes, how are these issues properly raised, and preserved, in the district court so that they are preserved for an appeal before the United States Court of Appeals for the Ninth Circuit or, ultimately, the Supreme Court of the United States? This article provides guiding principles based upon federal case law and the Federal Rules of Civil Procedure to answer these questions on preserving error …