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Litigation: Submitting Orders Under The New Rules

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Litigation: Submitting Orders Under The New Rules

Posted on by Timothy Wiseman

At our firm, one of us is in court on almost a daily basis, and we deal with the requirement to submit proposed orders frequently. The rules of civil procedure were significantly altered recently, and those changes went into force on March 1, 2019. The way those amendments interact with the Eighth District Court Rules can be confusing at times.

The local Rules of Practice for the Eighth Judicial District Court of the State of Nevada (“EDCR”) state that proposed orders should be submitted to the court within 10 days. The rule is EDCR 7.21, specifically. However, under the Rules of Civil Procedure which were in place at the time EDCR 7.21 was drafted, that referred to 10 Court days. See e.g. Administrative Order 19-03; NRCP 6(a) (2017).

The changes to NRCP which took effect on March 1st, 2019 caused the issuance of Administrative Order 19-03 which suspends some rules and directs that the rest be interpreted to reasonably comply with the revisions to the NRCP. Id. The most reasonable way to reconcile the EDCR with the revisions is to find that time to submit a proposed order is within 14 calendar days from the time of a verbal order. See ADKT 0522 (revising the NRCP and stating that in general deadlines which were for 6 to 15 days are adjusted to 14 days).

Under the new rules, in some cases, 10 judicial days can turn out to be longer than 14 calendar days when there are intervening holidays.

At Morris Law Center, we love to dig into the technicalities of the rules. As such, if you are an opposing attorney, do not expect to catch us slipping. However, if you are a fan of legal procedure, give us a call to discuss further.

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

Posted on by morrislawcenter

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.

Can a Court Judgment be Recorded Against Real Property?

Posted on by morrislawcenter

The short answer is “yes.” Not only can you record a judgment against real property, but you will often want to. Obtaining a judgment lien against real property can be a good way to ensure payment of a judgment debt. A lien on the property makes it more difficult for a judgment debtor to transfer an interest in the property and gives the judgment creditor (the person who won the judgment) the ability to take further steps, including foreclosure on the property.

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What Rights Do Cohabitating Couples Have?

Posted on by morrislawcenter

More and more of us are choosing to live with our partners (before, or instead of, marriage) than ever before. Although the general zeitgeist suggests that it is mostly millennials who are populating this trend, based on data collected in 2016, there has been a 75% increase in cohabiting adults over the age of 50 since 2007.[1] No matter the age or the reason, there has been a definite increase in this trend.

While a marriage has widely understood legal rights and obligations, the legal parameters of simply living with a significant other can be confusing, especially as it varies state-by-state. Some states recognize “common law marriage,” which means that a couple may be recognized as legally married (with all its trappings), even without a ceremony or license.[2] Certain conditions have to be met, such having “acknowledge[ed] each other as husband and wife” for at least 3 years, with specific rules varying by state. However, most states do not recognize common law marriages. [3] Nevada is one of the states that does not.[4] This means that even if a person is in a long-term relationship, and they have been living together for many years, they are not considered legally married, and therefore do not have the rights and protections of a marriage. 

Don’t fret! While common law marriage is not explicitly recognized, case law and interpretation of the statutes over the years indicates that a legal marriage is not the sole governing factor in the division of property. A cohabitation agreement may be formed either verbally, in writing, or by a couples’ conduct (such as living and presenting themselves to others as married, pooling their resources, etc.), which would allow for the communal distribution of property.[5] However, the enforcement of such agreements is complicated, especially when there is no written agreement. Furthermore, these types of agreements still do not confer many of the other rights and obligations of legal marriages, such as alimony, the ability to collect federal benefits, and the right to inherit property from your partner without a will.[6]

Cohabitation is a complex topic. If you are in a committed, long-term relationship, but have no plans of marrying, it is important to have a discussion with your partner about not only your shared property, but also what to do if one person becomes incapacitated. Next, discussing your options with legal counsel will save you the confusion and headache in the future. It may not be an easy or comfortable topic, but it is an crucial one.

And finally, as we always say, “If you think you might need an attorney, you probably do.” Contact us before anything is set in stone. We love answering questions!

Sources:

[1] Stepler, Renee. (April 6, 2017). Number of U.S. adults cohabitating with partner continues to rise, especially among those 50 and older. Pew Research Center. Retrieved from http://www.pewresearch.org/fact-tank/2017/04/06/number-of-u-s-adults-cohabiting-with-a-partner-continues-to-rise-especially-among-those-50-and-older/.

[2] Common Law Marriage by State. (August 4, 2014) National Conference of State Legislatures. Retrieved from http://www.ncsl.org/research/human-services/common-law-marriage.aspx.

[3] Id.

[4] NRS 122.010.

[5] Western States Contr.  v. Michoff, 108 NEV. 931 (Nev. 1992).

[6] Nevada Same-Sex Marriages, Domestic Partnerships and Cohabitation Agreements. Las Vegas Defense Group. Retrieved from https://www.shouselaw.com/nevada/family/domestic-partnerships.

How do I Certify my Pup to be a Service Dog?

Posted on by morrislawcenter

Today a trip to the store likely involves seeing a service animal assisting their owner while they travel about. If you’re a dog lover, you’ve probably wondered what the process is to get your own furry children trained and certified to accompany you in public places. However, it is important to understand the purpose of a service dog and what specific reason would require your dog to join you in public.

Firstly, the most important and albeit shocking piece of information about service dogs is that the American Disabilities Act (ADA) does not require formal training or certification. If you search “service dog” online, you will immediately be barraged with several sites offering certifications for service dogs. These are not required nor are they recognized as legitimate proof that your dog is a service animal by the Department of Justice. Although professional training is not required, a service dog still must be trained in providing a “service” to you. For example, you may train your own dog to guide you as you walk if you have impaired vision or blindness.

So, now you may be thinking, “Great – I can bring my dog anywhere a service animal is allowed and say: I trained him/her myself.” However, the use of a service dog requires the place you are going, whether a restaurant, store, movie theatre, etc., to make accommodations for you and your service dog. This is based on an honor system that you have some reason you need your dog’s assistance. If you don’t, you could be inconveniencing that place and others around you for no good reason. Moreover, it isn’t fair to those who truly do require their service animal. These places should be reserving their reasonable accommodations for individuals who really do need their dog to provide a service in order to participate in their everyday lives.

In sum, while it would be amazing to take our adorable, loving puppies everywhere we go, it is important to respect the purpose of a service dog. Please only train your pup to be a service dog, and bring them around as such, if you truly need their assistance to function in your everyday life.

For more information on service dogs, and the laws that protect them, please review the AmericanDisabilities Act (ADA) at this link: https://www.ada.gov/regs2010/service_animal_qa.html

And finally, as we always say, “If you think you might need an attorney, you probably do.” Contact us before anything is set in stone. We love answering questions!