Vegas Law



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Nevada Injury Law

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Las Vegas Injury Lawyer





Vegas Law

In any action, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider: (1) The simplification of the issues; (2) The necessity or desirability of amendments to the pleadings; (3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; (4) The limitation of the number of expert witnesses; (5) The advisability of a preliminary reference of issues to a master for findings to be used as evidence when the trial is to be by jury; (6) Such other matters as may aid in the disposition of the action. The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice. The court in its discretion may establish by rule a pretrial calendar on which actions may be placed for consideration as above provided and may either confine the calendar to jury actions or to nonjury actions or extend it to all actions. RULE 16.1. MANDATORY PRETRIAL DISCLOSURES AND DISCOVERY REQUIREMENTS FOR CIVIL ACTIONS (a) Exchange of Documents; Witness Lists. Within 30 days of the filing of defendant’s answer (or the last defendant to answer), the parties shall exchange: (1) All documents then reasonably available which are then contemplated to be used in support of the allegations or denials of the pleadings filed by that party, including rebuttal and impeachment documents; and (2) A written list of persons, including expert witnesses, then known to have knowledge of any facts relevant to the allegations of any pleading, including rebuttal or impeachment evidence, stating for each person so identified, that person’s name and address and a general description of the subject matter of such knowledge. (b) Early Case Conference Report. Within 10 days of the exchange, the parties shall file with the court an early case conference report containing a list of the documents exchanged and attaching the respective lists of persons exchanged. Any party first served or otherwise joined after the filing of the early case conference report must make these disclosures within 30 days after being served or joined unless a different time is set by stipulation or court order. (c) Duty to Supplement; Sanctions. Each party is under a continuing duty to promptly supplement disclosure of required documents or that party’s list of persons pursuant to this subsection. Failure of a party to promptly disclose supplemental documents or lists of persons may result in the exclusion of that document(s) or witness(es). [Added; effective July 1, 2005.] IV. PARTIES RULE 17. PARTIES PLAINTIFF AND DEFENDANT; CAPACITY (a) Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in that person’s own name without joining the party for whose benefit the action is brought; and when a statute so provides, an action for the use or benefit of another shall be brought in the name of the State. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest. (b) Capacity to Sue or Be Sued. The capacity of an individual, including one acting in a representative capacity, to sue or be sued shall be determined by the law of this State. The capacity of a corporation to sue or be sued shall be determined by the law under which it was organized, unless a statute of this State provides to the contrary. (c) Infants or Incompetent Persons. Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. An infant or incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person. [As amended; effective July 1, 2005.] RULE 18. JOINDER OF CLAIMS A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable or both as the party has against an opposing party if an original action might be brought upon it in a justice court. [As amended; effective July 1, 2005.] RULE 19. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION (a) Persons to Be Joined if Feasible. A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if (1) in the person’s absence complete relief cannot be accorded among those already parties, or (2) the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person’s absence may (i) as a practical matter impair or impede the person’s ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of the claimed interest. If the person has not been so joined, the court shall order that the person be made a party. If the person should join as a plaintiff but refuses to do so, the person may be made a defendant, or, in a proper case, an involuntary plaintiff. (b) Determination by Court Whenever Joinder Not Feasible. If a person as described in subdivision (a)(1)—(2) hereof cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include: first, to what extent a judgment rendered in the person’s absence might be prejudicial to the person or those already parties; second, the extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided; third, whether a judgment rendered in the person’s absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder. (c) Pleading Reasons for Nonjoinder. A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons as described in subdivision (a)(1)—(2) hereof who are not joined, and the reasons why they are not joined. (d) Exception of Class Actions. This rule is subject to the provisions of Rule 23.

Vegas Law




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