Rule 27 Informal family law trials

1.Applicability. Upon the consent of all parties and the court, an Informal Family Law Trial (IFLT) may be held to resolve any or all issues in actions brought under NRS Chapter 125, 125C, or 126. This rule applies to both pre-judgment and post-judgment proceedings.

2.General. An IFLT is an alternative trial procedure to which the parties, their attorneys, and the court voluntarily agree. Under this model, the court may admit any relevant and material evidence and the traditional format used to question witnesses at trial does not apply. In most cases, the only witnesses will be the parties. Other relevant witnesses may be called only at the discretion of the court.

3.Election. All parties must elect an IFLT and waive a traditional trial.

(a) At any time prior to the scheduling of a traditional trial, the court may offer the parties the option of electing an IFLT and must explain the process.

(b) If the parties elect to use an IFLT in place of a traditional trial, the court must obtain all parties’ consent in writing using the approved trial process selection form. See Form 1 in the Appendix of Forms.

(c) The court may decline to utilize the IFLT procedure at any time and direct that a case proceed in the traditional manner of trial even after an IFLT has been commenced but before judgment has been entered.

(d) A party who has previously agreed to proceed with an IFLT may file a motion to opt out of the IFLT provided such motion is filed not less than 21 calendar days before trial. This time period may be modified or waived by the court upon a showing of good cause.

4.Trial Procedure. The IFLT shall be conducted as follows:

(a) At the beginning of an IFLT the court should have the parties affirm on the record that they understand the rules and procedures of the IFLT process.

(b) The court may ask the parties or their lawyers for a brief summary of the issues to be decided.

(c) The plaintiff, or moving party, will be allowed to speak to the court under oath concerning all issues in dispute. The party is not questioned by another party or any lawyers, but may be questioned by the court to develop evidence required by any statute or rule.

(d) The parties are not subject to cross-examination. However, the court shall ask the defendant, or non-moving party or their counsel if there are any other areas the party wishes the court to inquire about. The court will inquire into these areas if requested and if relevant to an issue to be decided by the court.

(e) The process in subsections 4(c) and 4(d) is then repeated for the other party.

(f) Expert reports, if any, will be received as exhibits. Upon the request of either party, the expert will be sworn and subjected to questioning by counsel, the parties, and/or the court.

(g) Non-expert witnesses are not allowed to testify unless the court orders otherwise based on a showing of good cause. Testimony from lay witnesses if permitted by the court may be given in person or in the form of affidavit or unsworn declaration under the penalty of perjury.

(h) The court may receive into evidence any exhibits offered by the parties. The court will determine what weight, if any, to give each exhibit. Absent good cause, a party may not offer an exhibit, affidavit, or unsworn declaration that was not timely disclosed pursuant to the Nevada Rules of Civil Procedure, local rules, or any applicable court orders. The court may order the record to be supplemented after the IFLT.

(i) Declarations, letters, or other submissions by the parties’ minor children will not be admitted, but records and/or reports from court-ordered child interviews may be admitted.

(j) The parties or their counsel will be offered the opportunity to respond briefly to the statements of the other party.

(k) The parties or their counsel will be offered the opportunity to make a brief closing statement.

(l) At the conclusion of the case, the court shall render judgment. The court may take the matter under advisement but best efforts should be made to issue prompt judgments.

(m) The court may modify these procedures as justice and fundamental fairness requires.

(n) The court may put reasonable time limits on any person’s testimony or argument.

5.Judgment and Appeals. The court’s final judgment will have the same force and effect as if entered after a traditional trial and may be appealed under the provisions of the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure.

q1w2e3Form 1. Notice of Limited Scope Representation

Form 1. Notice of Limited Scope Representation

Attorney: __________________________

Bar No.: __________________________

Firm: __________________________

Address: __________________________

__________________________

Phone: __________________________

Email: __________________________

Attorney for: __________________________

IN THE _____________________ JUDICIAL DISTRICT COURT IN AND FOR THE COUNTY OF __________________, STATE OF NEVADA

PLAINTIFF,

Plaintiff,

v.

DEFENDANT,

Defendant.

Case No.:

Dept.:

NOTICE OF LIMITED SCOPE REPRESENTATION

Pursuant to District Court Rule 26, the undersigned hereby makes a limited scope appearance on behalf of ____________________, Plaintiff/Defendant.

1. _______________________________________, limited scope counsel for Plaintiff/Defendant, have entered into a written agreement to represent the party for a limited scope of services. Limited scope counsel will serve as attorney of record only for the following specific issues or matters before the court:

Scope of Services

2. Any other party, or their attorney, must serve the undersigned with all pleadings related to the above-stated matters. Any other party, or their attorney, is authorized and required to also serve the Plaintiff/Defendant directly.

3. Any other party, or their attorney, may communicate directly with the Plaintiff/Defendant for all matters not stated in the above Scope of Services to the extent not otherwise prohibited.

4. INFORMED CONSENT: Plaintiff/Defendant understands the limited scope attorney will only complete the Scope of Services listed above and that Plaintiff/Defendant is responsible for all other aspects of their case not specifically listed above.

4____________________________ 4_______________________________

(Attorney’s signature) (Plaintiff’s/Defendant’s signature)

_______________________________

(Attorney’s printed name) (Plaintiff’s/Defendant’s printed name)

q1w2e3Form 2. Notice of Completion of Services in Limited Scope Representation

Form 2. Notice of Completion of Services in Limited Scope Representation

Attorney: __________________________

Bar No.: __________________________

Firm: __________________________

Address: __________________________

__________________________

Phone: __________________________

Email: __________________________

Attorney for: __________________________

IN THE _____________________ JUDICIAL DISTRICT COURT IN AND FOR THE COUNTY OF __________________, STATE OF NEVADA

PLAINTIFF,

Plaintiff,

v.

DEFENDANT,

Defendant.

Case No.:

Dept.:

NOTICE OF COMPLETION OF SERVICES IN LIMITED SCOPE REPRESENTATION

1. Pursuant to the terms of the agreement between _________________________, Plaintiff/Defendant herein, and undersigned counsel, undersigned counsel agreed to provide limited scope representation in the above-entitled matter.

2. Undersigned counsel was retained as attorney of record only for the services described in the Notice of Limited Scope of Representation filed in this matter or entered on the record in this matter on _________________ (date). The Notice of Limited Scope Representation is attached.

3. The court did or did not require additional services to be completed.

4. Undersigned counsel completed all services within the scope of the representation on ______________ (date). The services completed were:

Services Completed

5. Undersigned counsel has caused or confirmed that the limited scope party has been added to the electronic service list or received a waiver of any electronic filing system used or required to be used by the court.

6. The contact information for substitute counsel or the Plaintiff/Defendant in proper person is:

Name: ______________________________________________________

Address: ______________________________________________________

Phone: ______________________________________________________

Email: ______________________________________________________

7. The Plaintiff/Defendant and all other interested parties shall have 7 days to file an Objection to this Notice of Completion of Limited Scope Representation stating the reasons for the objection and requesting a hearing.

DATED: ______________________

Respectfully submitted,

FIRM

By:_______________________________

Attorney

Nevada Bar No.

Email

Attorney for:

NOTICE TO ALL PARTIES

Undersigned counsel has filed a Notice of Completion of Services of the limited scope representation in this matter. PLEASE TAKE NOTICE that you have 7 days to object if you believe that the attorney has not completed all of the agreed upon services. A hearing on this matter will not be held unless an objection is filed and served on all parties and counsel in this matter. If no objection is filed, an order granting the withdrawal of undersigned counsel in this matter may be entered without further notice.

DATED: ______________________

Respectfully submitted,

FIRM

By:_______________________________

Attorney

Nevada Bar No.

Email

Attorney for: