litigation Archives - Morris Law Center

You Can Now Subscribe to The Morris Law Center Podcast!

We are pleased to officially announce that the Morris Law Center Podcast is now live and ready to download on Apple Podcasts, Google Podcasts and Spotify.

If you’re interested in fresh insight into the world of law, business, and the current events that impact your life the most, this is a must subscribe podcast. And with most episodes falling below 5 minutes in length, it’s the perfect way to learn something new on-the-fly.

We’ve linked each network below so you can listen on your preferred platform. Thank you for taking the time to read this and supporting our mission to prepare you for the future, and protect you along the way.

Click Here to Subscribe on Google Podcasts

Click Here to Subscribe on Apple Podcasts

Click Here to Subscribe on Spotify

Unwritten Litigation Rules: Three Day Notice of Intent to Take Default

The Three Day Notice of Intent to Take Default (“3DN”) is commonly used in Nevada, particularly in the Eighth Judicial District, to notify an opposing attorney that a default will be entered if they do not immediately respond to a lawsuit. However, it can not be found anywhere in the Nevada Rules of Civil Procedure, or in the Rules of Practice for the Eighth Judicial District Court of the State of Nevada.

That is because the basis for this pleading is in the Nevada Rules of Professional Conduct:

Rule 3.5A.  Relations With Opposing Counsel.  When a lawyer knows or reasonably should know the identity of a lawyer representing an opposing party, he or she should not take advantage of the lawyer by causing any default or dismissal to be entered without first inquiring about the opposing lawyer’s intention to proceed.

The unwritten rule that evolved in response to this is the 3DN. The 3DN is normally filed into the case with a certificate of service reflecting who it was served upon. While not required, the executive summary is that the Judge won’t report an attorney to the Nevada Bar for investigation if that attorney files the 3DN and then pursues default after the three days run.

The attorneys at Morris Law Center love to discuss procedural strategy. Contact us if you want to discuss the blueprint for litigation.