Second Judicial District Court, Washoe County Document Filing Requirements

CRITICALCivil cases

Applies to

Petition

A separate petition must be filed for each child subject to a minor guardianship.

1. A single separate Petition shall be filed for each child subject to a Minor Guardianship in the Second Judicial District Court.

CRITICALCivil cases

Applies to

Notice

The Notice must state that counsel has 30 days from its date to review or retrieve the Evidence or consent to destruction, and that review or retrieval is by appointment.

The Notice will advise counsel the Evidence held for the civil case is available for review and retrieval or consent to destruct within thirty (30) days of the date of the Notice. The Notice will also advise review and retrieval will occur by appointment only made by contacting Evidence Clerk Kayla Hudson at evidence@washoecourts.us

CRITICALCivil cases

Applies to

Petition

When a bond is required, the petition must specify the estate’s personal property and estimated annual income from all sources.

Where a bond is required, the petition must set forth with particularity the personal property of the estate together with the estimated amount of annual income from all sources.

CRITICAL

Applies to

Jury questionnaire

Each party must return the jury questionnaires to the trial department Court Clerk before deliberations begin.

It is the further direction of this Court that each party shall return the jury questionnaires to the trial department Court Clerk prior to the beginning of deliberations

CRITICALCivil cases

Applies to

Certificate of destruction

If counsel consents to destruction or fails to make a retrieval appointment within 30 days of the Notice, the Evidence Clerk must dispose of the Evidence and file a Certificate of Destruction.

If, within thirty (30) days of the Notice date, counsel consents to destruction of the Evidence or counsel does not make an appointment to retrieve the Evidence, the Evidence Clerk shall dispose of the Evidence and file a Certificate of Destruction.

CRITICALCivil cases

Applies to

Petition for probate

Copies of documents offered for probate must be attached to the petition for the probate commissioner to examine.

In addition to filing the original document with the filing office, copies of any documents offered for probate must be attached to the petition for examination by the probate commissioner.

CRITICALCivil cases

Applies to

Petition for probate

If the original will or codicil offered for probate is not already filed with the filing office, it must be filed at the same time as the petition.

When a petition for probate of will and/or codicil is filed and the original of the document being offered for probate is not already filed with the filing office, it must be filed concurrently with the petition.

CRITICAL

Applies to

Electronically filed or served document

An electronically filed or served document is deemed signed by the registered user who submitted it.

Every document electronically filed or served shall . be deemed to be signed by the registered user submitting the document.

CRITICAL

Applies to

Filed paper

Must include

caption

The caption of every filed paper in a proceeding transferred to the Competency Court must include the assigned Judicial Department number and the specified designation.

The Clerk of the Court shall include the assigned Judicial Department number and the designation “Transferred to Competency Court, Dept No. 7” on the caption of all filed papers for proceedings transferred to the Competency Court.

CRITICAL

Applies to

Document

The filing party must designate a document that contains personally identifiable information.

A document containing personally identifiable information shall be so designated by the party filing the document.

CRITICALCivil cases

Applies to

Petition

The court must assign an individual case number to each petition to appoint a guardian of a minor.

2. The Second Judicial District Court shall assign an individual case number to each Petition to Appoint Guardianship of a Minor.

CRITICALCivil cases

Applies to

Petition for probate

Must include

caption

The petition caption must clearly identify the nature of the petition, such as by using one of the stated petition titles.

The caption must clearly indicate the nature of the petition filed, e.g., Petition for Probate of Will and for Issuance of Letters Testamentary; Petition for Probate of Will and for Issuance of Letters of Administration

CRITICALCivil cases

Applies to

Court appointed special advocate report

Court-appointed special advocate reports presented for the Family Court’s consideration must be filed with the Court and made part of its records.

AIl COURT APPOINTED SPECIAL ADVOCATE ("CAS A") reports presented to the Family Court for its consideration shal1 be filed with the Court and made a part of the Court's records.

CRITICALCivil cases

Applies to

All papers filed under rule 57

Papers filed in Rule 57 proceedings must state the noticed hearing date directly below the department designation, using the indicated format as an example.

All papers filed in a proceeding governed by Rule 57 shall indicate directly below the department designation, the hearing date noticed, e.g. "Hearing date: mm/dd/yy."

CRITICALCivil cases

Applies to

Notice

The notice must explain that counsel has 30 days from its date to consent to destruction or arrange retrieval, and that review and retrieval require an appointment.

The Notice will advise counsel the Evidence held for the civil case is available for review and retrieval or consent to destruct within thirty (30) days of the date of the Notice. The Notice will also advise review and retrieval will occur by appointment only made by contacting Evidence Clerk Kayla Hudson at 775-328-3161 or evidence@washoecourts.us

CRITICALCivil cases

Applies to

Certificate of destruction

When the Evidence Clerk disposes of evidence under the stated conditions, the Clerk must file a Certificate of Destruction.

If, within thirty (30) days of the Notice date, counsel consents to destruction of the Evidence or counsel does not make an appointment to retrieve the Evidence, the Evidence Clerk shall dispose of the Evidence and file a Certificate of Destruction.

CRITICAL

Applies to

Petition

The Petition for Judicial Review must include the Mediator's Statement as an exhibit.

The Petition must include the Mediator's Statement as an Exhibit thereto.

CRITICALCivil cases

Applies to

Notice of intent to appear by simultaneous audiovisual transmission equipment

If the notice is in writing, it must be given by filing a “Notice of Intent [Request] to Appear by Simultaneous Audiovisual Transmission Equipment” with the court

If the notice is in writing, it must be given by filing a “Notice of Intent [Request] to Appear by Simultaneous Audiovisual Transmission Equipment” with the court

CRITICALCivil cases

Applies to

Petition

All petitions must be verified to be placed on the approved list.

All petitions must be verified.

CRITICAL

Applies to

Electronic filing submission

Electronic filers must transmit document and filing-party identifying data and enough additional information for the docket; an initiating document must also include enough information to create a new case.

Filers submitting documents for electronic filing must transmit data identifying the document submitted, the filing party, and sufficient other info'rDiation for the entry in , the co~'s docket or.register of actions. In the case of a docuinent initiating a new' case, sufficient other information must be included to create a new case

CRITICALCivil cases

Applies to

Probate or trust order

Probate and trust orders or decrees must fully state the matters decided by the court and may not merely refer to corresponding petition provisions.

All orders or decrees in probate or trust matters shall set forth completely all matters actually passed on by the court and shall not merely refer to corresponding provisions of the petition.

CRITICALCivil cases

Applies to

Objection

Any objection a party files to the findings and recommendations must be in writing.

A party shall have 10 days from service of written findings of fact and recommendations within which to file a written objection.

CRITICALCivil cases

Applies to

Order

The original order and any copies to be conformed must be delivered to the probate commissioner by 4:00 p.m. on Monday of the hearing week.

The original order, together with any copies to be conformed, must be delivered to the probate commissioner no later than 4:00 p.m. on Monday of the week the matter is to be heard.

CRITICALCriminal cases

When imposing bail or a release condition other than unconditional release on recognizance, the court must make findings and state its reasoning on the record, including why any condition is the least restrictive necessary means.

If a court imposes bail or any condition of release, or both, other than release on recognizance with no other conditions of release, the court shall make findings of fact for such a determination and state its reasoning on the record, and, if the determination includes the imposition of a condition of release, the findings of fact must include why the condition of release constitutes the least restrictive means necessary to protect the safety of the community or to ensure that the person will appear at the times and places ordered by the court.

CRITICALCivil cases

Applies to

Order

All orders must include the submitting attorney’s name, address, and signature.

The name, address and signature of the submitting attorney must appear on all orders.

CRITICAL

Applies to

Document

The filing party must identify documents made confidential by statute, court rule, or court order.

The filing party must identify documents made confidential by statute, court rule, or co:uri order.-

CRITICALCivil cases

Applies to

Minor guardianship petition

A separate minor guardianship petition must be filed for each proposed protected minor.

The Second Judicial District Court shall require a single separate Petition for each individual proposed protected minor subject to a Minor Guardianship.

CRITICALCivil cases

Applies to

Petition for minor compromise claim

A separate petition to compromise a minor’s claim must be filed for each proposed minor.

The SJDC shall require a single separate petition to compromise a minor’s claim be filed for each proposed minor subject to a minor’s compromise claim.

CRITICALCivil cases

Applies to

Petition

A separate termination-of-parental-rights petition must be filed for each child.

A separate petition shall be filed for each child subject to a termination of parental rights petition, regardless of whether the petition is brought by a private party or a child welfare agency.

CRITICALCivil cases

Applies to

Petition for probate

A petition to probate a holographic will must be accompanied by a typewritten copy of the will.

If the will is holographic, a typewritten copy of the document must also accompany the petition.

CRITICALCivil cases

Applies to

Moving opposing or reply papers

As one option for requesting an audiovisual appearance, the party may place the specified phrase below the title of the moving, opposing, or reply papers.

A party (or a witness for a party) choosing [requesting] to appear by simultaneous audiovisual transmission equipment at a proceeding under this rule must either: (1) Place the phrase “Simultaneous Audiovisual Transmission Equipment Appearance [Requested]” below the title of the moving, opposing, or reply papers;

CRITICALCivil cases

Applies to

Probate commissioner report

The probate commissioner may direct counsel for a party to prepare the probate commissioner's report, including findings and recommendation.

The probate commissioner may direct counsel for a party to prepare the probate commissioner's report, including findings and recommendation.

CRITICALCriminal cases

Applies to

Judicial review paperwork

For cases requiring judicial review, the PSO must compile the defendant’s paperwork in the listed order, including items marked if applicable.

For all cases that require judicial review, the PSO will compile the defendant’s paperwork in the following order: 1. Refusal email (if applicable) 2. Probable cause sheet w/narrative (PC) 3. Warrant (if applicable) 4. NPRA 5. Pretrial Assessment Report with Judicial Bail Order (if applicable) 6. Public Defender/Legal Defendant affidavit (if applicable) 7. WCSO Release Form (yellow copy, if applicable)

CRITICALCivil cases

Applies to

Approved list

The probate commissioner must prepare a weekly approved list of probate matters that can be heard without further testimony or appearance.

The probate commissioner must prepare an approved list each week of probate matters which can be heard without further testimony or appearance.

CRITICAL

Applies to

Electronically filed or served document

Each electronically filed or served document must bear the submitting registered user's name, mailing address, telephone number, and bar number if applicable.

Each document must bear that person's name, mailing address,·telephone number, and bar number if applicable.

CRITICALCivil cases

Applies to

Petition for minor compromise claim

The SJDC assigns a new case number each time a Petition for Minor’s Compromise Claim is filed.

The SJDC shall assign a new case number each time a Petition for Minor’s Compromise Claim is filed.

CRITICALCivil cases

Applies to

Probate or trust order

Orders must provide separate signature lines for the probate commissioner and the judge.

Orders must contain a line for the probate commissioner's signature in addition to a signature line for the judge.

CRITICAL

Applies to

Form

When a statute or court rule requires a signature at a particular location on a form, the person's typewritten name must be inserted there.

Where a statute or court rule requires a signature at a particular location on a form, the person's typewritten name shall be inserted.

CRITICAL

Applies to

Document requiring signatures of opposing parties

Before electronically filing a document that requires opposing parties' signatures, the filer must obtain all parties' signatures on a printed form.

When a document to be filed electrqmcaily, such as a stipulation, requires the signatures of opposrng parties, the party filing the document must first obtain the signatures of all parties on a printed form of the document.

CRITICALCivil cases

Applies to

Notice of hearing

A copy of the notice of hearing must be provided to the probate commissioner when it is filed.

A copy of the notice of hearing must be provided to the probate commissioner at the time of filing.

CRITICALCivil cases

Applies to

Notice

A party requesting to appear by audiovisual means must file a notice of request to appear by simultaneous audiovisual transmission.

A party requesting appearance by audiovisual means shall file a notice of request to appear by simultaneous audiovisual transmission1.

CRITICALCivil cases

Applies to

Initial petition

If available, death certificates must be attached as exhibits to the initial petition.

Death certificates, if available, must be attached to the initial petition as an exhibit.

CRITICAL

Applies to

Electronic document

Accepted electronic documents must bear a court endorsement containing the specified wording.

Electronic documents accepted for filing must be endorsed. The court's endorsement of a document electronically filed must contain the following: "Electronically FiledJDate and TimelName of Clerk.".

WARNING

Applies to

Transcript

Transcripts are ordered for pre-trial proceedings in Class A felonies, arraignments with a plea, specified sentencings and probation revocation hearings, grand jury proceedings, bench warrant proceedings, and suppression hearings.

The following criminal proceedings are hereby ordered to be transcribed: - a. All pre-trial proceedings for Class A felonies; - b. All arraignments in which a plea is entered; - c. All sentencings in which a defendant is sentenced to probation, diversion, or specialty court; - d. All probation revocation hearings in which probation is reinstated; - e. All grand jury proceedings; - f. All bench warrant proceedings; and - g. All suppression hearings.

WARNING

Applies to

Court reporter invoice

Court reporter invoices must identify the hearing transcribed and, for proceedings not automatically transcribed, include the order request form completed by the court clerk present at the proceeding.

All court reporter invoices shall designate the type of hearing transcribed, and when a proceeding does not result in an automatic transcription as set forth above, be accompanied by the order request form completed by the court clerk present in court during the proceeding.

WARNINGCivil cases

Applies to

Exhibits

Exhibits must be provided at the time and in the manner directed by the presiding judge.

Exhibits will be provided in the time and manner directed by the presiding judge in the assigned department.

WARNING

Applies to

Minute order

When a judge requests it and no transcript has been ordered, court clerks must use minute orders to describe ministerial or continued proceedings.

If requested by a judge, the court clerks shall use minute orders to describe ministerial or continued proceedings when no transcript has been ordered.

INFO

Applies to

Response

The Respondent may include an accompanying memorandum of points and authorities with the Response, if desired.

The Respondent must file and serve a Response with accompanying memorandum of points and authorities, if desired, in opposition to the Petition for Judicial review within thirty (30) calendar days after service of the Order for Judicial Review.

INFO

Applies to

Electronically filed or served document

A facsimile, typographical, or digital signature is not required when no statute or court rule requires a signature at a particular location on a form.

Otherwis.e, a facsimile, typograpbical, or digital signature-is not required.

INFOCivil cases

Applies to

Probate or trust order

Probate or trust orders should be drafted so their general effect can be determined without consulting the petition.

Probate or trust orders should be so drawn that their general effect may be determined without reference to the petition on which they are based.