State Court Stipulation and [Proposed] Order (General Civil) - Nevada

STIPULATION AND [PROPOSED] ORDER

Nevada District Court -- General Civil Matters

CAPTION

[________________________________]
(Name of Attorney)

Nevada Bar No. [________________________________]

[________________________________]
(Name of Law Firm)

[________________________________]
(Street Address)

[________________________________], Nevada [____]
(City, State, ZIP)

Telephone: [________________________________]
Facsimile: [________________________________]
E-Mail: [________________________________]

Attorney for [________________________________]
(Party Name and Designation)

DISTRICT COURT

[________________________________] COUNTY, NEVADA

STIPULATION OF THE PARTIES

COME NOW the parties, by and through their respective attorneys of record, and hereby stipulate and agree as follows:

I. RECITALS AND PROCEDURAL BACKGROUND

1. This action is pending in the [________________________________] Judicial District Court of the State of Nevada, in and for [________________________________] County, Dept. No. [____], bearing Case No. [________________________________].

2. The Court entered a Scheduling Order (also referred to as a Joint Case Conference Report Order) on [__/__/____] pursuant to NRCP 16(b), establishing the following deadlines:

a. Initial disclosures: [__/__/____]

b. Discovery cutoff: [__/__/____]

c. Expert disclosure deadline: [__/__/____]

d. Rebuttal expert disclosure deadline: [__/__/____]

e. Discovery commissioner deadline (if applicable): [__/__/____]

f. Dispositive motion filing deadline: [__/__/____]

g. Pretrial conference: [__/__/____]

h. Trial date: [__/__/____]

3. The parties have conferred in good faith and have reached the agreement set forth below, which they believe will promote the just and efficient resolution of this matter.

4. [________________________________]
   (Brief description of circumstances giving rise to this stipulation, e.g., need for additional discovery, outstanding depositions, recently produced documents, new expert issues, pending settlement discussions, scheduling conflicts, etc.)

II. PRIOR EXTENSIONS

5. The parties represent that the following prior extensions of deadlines have been granted in this case:

☐ No prior extensions have been requested or granted.

☐ Prior extensions were granted as follows:

a. [________________________________] (Date and nature of prior extension)

b. [________________________________] (Date and nature of prior extension)

c. [________________________________] (Date and nature of prior extension)

6. This representation is made in compliance with NRCP 16(b)(4), which requires the court to consider the number of prior extensions when evaluating requests to modify the scheduling order.

III. STIPULATED TERMS

Subject to Court approval, the parties stipulate and agree to the following:

Term 1. [________________________________]
(e.g., "The discovery cutoff date is extended from [__/__/____] to [__/__/____].")

Term 2. [________________________________]
(e.g., "Expert disclosures pursuant to NRCP 16.1(a)(2) shall be served no later than [__/__/____], and rebuttal expert disclosures shall be served no later than [__/__/____].")

Term 3. [________________________________]
(e.g., "The dispositive motion filing deadline is extended to [__/__/____].")

Term 4. [________________________________]
(e.g., "The pretrial conference currently set for [__/__/____] is continued to [__/__/____], subject to the Court's calendar.")

Term 5. [________________________________]
(e.g., "The trial date of [__/__/____] is ☐ not affected / ☐ requested to be continued to [__/__/____].")

Term 6. [________________________________]
(Additional stipulated terms as needed)

IV. GOOD CAUSE AND AUTHORITY

7. This Stipulation is submitted pursuant to the following authority:

a. NRCP 16(b)(4), which provides that a scheduling order may be modified for good cause shown and with the judge's consent. Good cause requires a showing that the schedule cannot reasonably be met despite the diligence of the party seeking the extension;

b. NRCP 29, which permits the parties, by written stipulation, to modify discovery procedures, including the time and sequence of discovery, without court approval unless the modification would interfere with a court-ordered deadline;

c. NRCP 6(b), which permits the court to enlarge the time within which an act is required to be done, provided the request is made before the expiration of the period originally prescribed or as extended, or upon motion after expiration where the failure to act was the result of excusable neglect;

d. DCR 16, which governs stipulations in the district courts of Nevada and requires that stipulations be in writing, subscribed by the party against whom they are alleged or by that party's attorney, and filed with the court;

e. The Court's inherent authority to manage its docket and control the proceedings.

8. Good cause exists for the relief requested herein because:

☐ Additional discovery is needed due to [________________________________].

☐ Key depositions remain outstanding and could not be completed within the current schedule due to [________________________________].

☐ The parties are engaged in good-faith settlement discussions and require additional time.

☐ Recently produced documents require additional time for review and analysis.

☐ Expert analysis is ongoing and expert reports cannot be completed within the current deadline.

☐ New parties have been added, requiring additional time for discovery.

☐ Counsel's schedules present conflicts due to [________________________________].

☐ The case involves complex issues requiring [________________________________].

☐ Other: [________________________________].

9. Despite the exercise of due diligence, the current deadlines cannot reasonably be met because [________________________________].

V. RESERVATION OF RIGHTS

10. Except as expressly modified by this Stipulation, all prior orders of this Court remain in full force and effect, including but not limited to the Scheduling Order dated [__/__/____].

11. All parties reserve all rights, claims, defenses, and objections not expressly waived herein.

12. Nothing in this Stipulation shall be construed as an admission of liability, fault, or the merit or lack of merit of any claim or defense.

13. This Stipulation may be modified only by further written stipulation of the parties approved by the Court or by order of the Court upon motion and a showing of good cause.

VI. REQUEST FOR ORDER

14. WHEREFORE, the parties respectfully request that this Court:

a. Approve this Stipulation;

b. Enter the [Proposed] Order attached hereto incorporating the stipulated terms; and

c. Grant such other and further relief as the Court deems just and proper.

SIGNATURES OF COUNSEL

DATED this [____] day of [________________________________], 20[____].

[________________________________]
(Name of Law Firm)

By: [________________________________]
[________________________________]
(Printed Name of Attorney)
Nevada Bar No. [________________________________]
[________________________________]
(Street Address)
[________________________________], Nevada [____]
Telephone: [________________________________]
E-Mail: [________________________________]

Attorneys for Plaintiff, [________________________________]

[________________________________]
(Name of Law Firm)

By: [________________________________]
[________________________________]
(Printed Name of Attorney)
Nevada Bar No. [________________________________]
[________________________________]
(Street Address)
[________________________________], Nevada [____]
Telephone: [________________________________]
E-Mail: [________________________________]

Attorneys for Defendant, [________________________________]

[________________________________]
(Name of Law Firm -- Additional Party, if applicable)

By: [________________________________]
[________________________________]
(Printed Name of Attorney)
Nevada Bar No. [________________________________]
[________________________________]
(Street Address)
[________________________________], Nevada [____]
Telephone: [________________________________]
E-Mail: [________________________________]

Attorneys for [________________________________]
(Party Designation)

[PROPOSED] ORDER

DISTRICT COURT

[________________________________] COUNTY, NEVADA

ORDER

Based upon the foregoing Stipulation of the Parties, the record herein, and good cause appearing:

IT IS HEREBY ORDERED that:

1. The Stipulation of the Parties is APPROVED and incorporated herein by reference.

2. [________________________________]
   (Ordered Term 1, mirroring Stipulated Term 1)

3. [________________________________]
   (Ordered Term 2, mirroring Stipulated Term 2)

4. [________________________________]
   (Ordered Term 3, mirroring Stipulated Term 3)

5. [________________________________]
   (Ordered Term 4, mirroring Stipulated Term 4)

6. [________________________________]
   (Additional ordered terms as needed)

7. All other provisions of the Scheduling Order dated [__/__/____] shall remain in full force and effect.

8. The parties shall comply with all deadlines established herein and shall promptly notify the Court of any inability to do so.

DATED this [____] day of [________________________________], 20[____].

[________________________________]
DISTRICT COURT JUDGE
Department [____]

Submitted by:

[________________________________]
(Name of Attorney submitting the order)
Nevada Bar No. [________________________________]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I electronically filed the foregoing Stipulation and [Proposed] Order, which constituted service upon all registered counsel of record through the Court's electronic filing system, pursuant to NRCP 5(b)(2)(D) and NEFCR 11.

Additionally, copies were served by the following method(s) on the parties listed below who are not registered for electronic service:

☐ United States Mail, first class, postage prepaid, addressed to:

[________________________________]
[________________________________]
[________________________________]

☐ Hand delivery to:

[________________________________]
[________________________________]
[________________________________]

☐ Facsimile transmission to [________________________________] at [________________________________].

☐ Electronic mail to [________________________________] at [________________________________].

[________________________________]
(Signature)

[________________________________]
(Printed Name)
Nevada Bar No. [________________________________]

An employee of [________________________________]
(Name of Law Firm)

NEVADA-SPECIFIC PRACTICE NOTES

Court Structure and Filing

• Nevada district courts are the trial courts of general jurisdiction. They are organized by county and divided into numbered departments (not divisions). The department assignment determines the presiding judge. The caption must include the county and department number.

• Nevada has 17 judicial districts covering its counties. Clark County (Las Vegas) is in the Eighth Judicial District, which is the largest and has its own local rules (EDCR). Washoe County (Reno) is in the Second Judicial District (WDCR). All other districts follow the statewide District Court Rules (DCR).

• Electronic filing is handled through eFileNV (formerly Wiznet in Clark County). All attorneys practicing in Nevada district courts must register for electronic filing. EDCR 2.35 governs electronic filing in the Eighth Judicial District.

Scheduling Order Modifications Under NRCP 16(b)(4)

• The 2019 amendments to the Nevada Rules of Civil Procedure significantly changed scheduling order practice. Under NRCP 16(b)(4), a scheduling order may be modified only for good cause and with the judge's consent.

• "Good cause" requires a showing that the schedule cannot reasonably be met despite the diligence of the party seeking the extension. This is a higher standard than mere agreement of the parties.

• The court will consider: (1) the number of prior extensions, (2) the reason for the request, (3) the impact on the trial date, and (4) whether the requesting party has been diligent. Stipulations should address all of these factors.

Proposed Order Submission Rules

• Under EDCR 7.21 (Eighth Judicial District), proposed orders must be submitted within 14 calendar days from the date of a verbal order or ruling. The proposed order must be submitted in Microsoft Word format (not PDF only) so the judge can make edits.

• Many departments require a "Submitted by" line at the end of the proposed order, identifying the attorney who prepared it.

• Some departments require that the proposed order be submitted directly to chambers via email rather than through eFileNV. Check the specific department's standing orders.

Discovery Rules Post-2019 Amendments

• The 2019 NRCP amendments introduced mandatory initial disclosures under NRCP 16.1, similar to Federal Rule 26(a)(1). Parties must make initial disclosures within 30 days of the scheduling order.

• Discovery is generally limited to the period established in the scheduling order. The default discovery period is 180 days from the date of the scheduling order for standard cases. Complex cases may have longer periods.

• Expert disclosures are governed by NRCP 16.1(a)(2), which requires disclosure of expert witnesses and their reports at least 90 days before the discovery cutoff, with rebuttal expert disclosures due 60 days before the cutoff.

Stipulation Requirements Under DCR 16

• Under DCR 16, stipulations must be in writing or entered in the court minutes. No agreement or stipulation between parties or their attorneys will be regarded unless it is entered in the minutes as an order or is in writing subscribed by the party against whom it is alleged or by that party's attorney.

• This means oral agreements between counsel are not enforceable unless reduced to writing and filed, or placed on the record in open court.

Service Requirements

• Service of papers after the initial complaint is governed by NRCP 5(b), which permits service by:
• Personal delivery
• Mail (first class, postage prepaid)
• Electronic means (through the court's electronic filing system for registered users)

• Facsimile (with consent)

• Under NEFCR 11, electronic filing through eFileNV constitutes service on all registered counsel. The certificate of service should identify the electronic filing system used and list any parties served by alternative means.

Short Trial Program (Eighth Judicial District)

• Clark County offers a Short Trial Program for cases expected to last 3 days or less. If the case is in the Short Trial Program, stipulations affecting the trial date require special procedures and approval from the program coordinator.

Sources and References

• Nevada Rules of Civil Procedure (NRCP) -- available at Nevada Legislature
• District Court Rules (DCR) -- available at Nevada Legislature
• Rules of Practice for the Eighth Judicial District Court (EDCR) -- available at Nevada Legislature
• Nevada Electronic Filing and Conversion Rules (NEFCR) -- available at Nevada Courts
• eFileNV Electronic Filing -- available at eFileNV
• 2019 NRCP Amendments (ADKT 522) -- available at Nevada Courts
• Administrative Order 19-03 (EDCR alignment with amended NRCP) -- discussed at Nevada Law Blog