(b) Failure to make the proof of service required by this rule does not affect the validity of the service. Unless material prejudice would result, the court may at any time allow the proof of service to be amended or supplied. LR 5-2. FACSIMILE FILING. Papers may be filed with the clerk by means of telephone facsimile machine (“fax”) only in cases involving the death penalty as hereinafter provided: (a) Documents that relate to stays of execution in death penalty cases may be transmitted directly to the fax machines in the clerk’s offices in Reno or Las Vegas for filing by the clerk when counsel considers this will serve the interests of their clients. (b) Counsel must notify the clerk before transmitting any document by fax. On receiving the transmitted document, the clerk shall make the number of copies required and file the photocopies. Any document transmitted directly to the court by fax must show service on all other parties by fax or hand delivery. (c) When a document has been transmitted by fax and filed pursuant to this rule, counsel must file the original document and accompanying proof of service with the clerk within three (3) judicial days of the date of the fax transmission. LR 6-1. REQUESTS FOR CONTINUANCE, EXTENSION OF TIME OR ORDER SHORTENING TIME. (a) Every motion requesting a continuance, extension of time, or order shortening time shall be “Filed” by the clerk and processed as an expedited matter. Ex parte motions and stipulations shall be governed by LR 6-2. (b) Every motion or stipulation to extend time shall inform the court of any previous extensions granted and state the reasons for the extension requested. A request made after the expiration of the specified period shall not be granted unless the moving party, attorney, or other person demonstrates that the failure to act was the result of excusable neglect. Immediately below the title of such motion or stipulation there shall also be included a statement indicating whether it is the first, second, third, etc., requested extension, i.e.: STIPULATION FOR EXTENSION OF TIME TO FILE MOTIONS (First Request) (c) The court may set aside any extension obtained in contravention of this rule. (d) A stipulation or motion seeking to extend the time to file an opposition or final reply to a motion, or to extend the time fixed for hearing a motion, must state in its opening paragraph the filing date of the motion. LR 6-2. REQUIRED FORM OF ORDER FOR STIPULATIONS AND EX PARTE MOTIONS. (a) Any stipulation or ex parte motions requesting a continuance, extension of time, or order shortening time, and any other stipulation requiring an order shall not initially be “Filed” by the clerk, but shall be marked “Received.” Every such stipulation or ex parte motion shall include an “Order” in the form of a signature block on which the court or clerk can endorse approval of the relief sought. This signature block shall not be on a separate page, but shall appear approximately one inch (1?) below the last typewritten matter on the right-hand side of the last page of the stipulation or ex parte motion, and shall read as follows: “IT IS SO ORDERED: [UNITED STATES DISTRICT JUDGE, UNITED STATES MAGISTRATE JUDGE, UNITED STATES DISTRICT COURT CLERK (whichever is appropriate)] DATED: ___________________” (b) Upon approval, amendment or denial, the stipulation or ex parte motion shall be filed and processed by the clerk in such manner as may be necessary. LR 7-1. STIPULATIONS. (a) Stipulations relating to proceedings before the court, except stipulations made in open court that are noted in the clerk’s minutes or the court reporter’s notes, shall be in writing, signed by the parties or counsel for the parties to be bound, and served on all other parties who have appeared. (b) No stipulations relating to proceedings before the court except those set forth in Fed. R. Civ. P. 29 shall be effective until approved by the court. Any stipulation that would interfere with any time set for completion of discovery, for hearing of a motion, or for trial, may be made only with the approval of the court. (c) A dispositive stipulation, which has been signed by fewer than all the parties or their counsel, shall be treated as a motion. (d) The clerk has authority to approve the stipulations described in LR 77-1. LR 7-2. MOTIONS. (a) All motions, unless made during a hearing or trial, shall be in writing and served on all other parties who have appeared. The motion shall be supported by a memorandum of points and authorities. (b) Unless otherwise ordered by the court, points and authorities in response shall be filed and served by an opposing party fifteen (15) days after service of the motion. (c) Unless otherwise ordered by the court, reply points and authorities shall be filed and served by the moving party eleven (11) days after service of the response. (d) The failure of a moving party to file points and authorities in support of the motion shall constitute a consent to the denial of the motion. The failure of an opposing party to file points and authorities in response to any motion shall constitute a consent to the granting of the motion. FEDERAL AND OTHER CASES. Failure to file points and authorities in support of a motion to dismiss an indictment constituted consent to the denial of the motion. A grand jury returned an indictment against the defendant charging him with being a felon in possession of a firearm, but the jury was unable to reach a unanimous verdict and the matter was scheduled to be retried. The defendant moved to dismiss the indictment on the ground that he was being tried for the same crime twice in violation of his constitutional right against double jeopardy under the U.S. 5th amendment (see also Nev. Art. 1, § 8), but provided no authority for that proposition. The court held that the defendant’s failure to file points and authorities constituted consent to the denial of the motion under LR 7-2. In addition, the court determined that a retrial after a jury was unable to reach a unanimous verdict was not a constitutional violation against double jeopardy. United States v. Johnson, 180 F. Supp. 2d 1155 (D. Nev. 2002) LR 7-3. CITATIONS OF AUTHORITY. (a) References to an act of Congress shall include the United States Code citation, if available. When a federal regulation is cited, the Code of Federal Regulations title, section, page and year shall be given. (b) When a Supreme Court decision is cited, the citation to the United States Reports shall be given. When a decision of a court of appeals, a district court, or other federal court has been reported in the Federal Reporter System, that citation shall be given. When a decision of a state appellate court has been reported in West’s National Reporter System, that citation shall be given. All citations shall include the specific page(s) upon which the pertinent language appears. LR 7-4. LIMITATION ON LENGTH OF BRIEFS AND POINTS AND AUTHORITIES; REQUIREMENT FOR INDEX AND TABLE OF AUTHORITIES. Unless otherwise ordered by the court, pretrial and post-trial briefs and points and authorities in support of, or in response to, motions shall be limited to thirty (30) pages including the motion but excluding exhibits. Reply briefs and points and authorities shall be limited to twenty (20) pages, excluding exhibits. Where the court enters an order permitting a longer brief or points and authorities, the papers shall include an index and table of authorities. LR 7-5. EX PARTE MOTIONS. (a) All ex parte motions, applications or requests shall contain a statement showing good cause why the matter was submitted to the court without notice to all parties. (b) All ex parte matters shall state the efforts made to obtain a stipulation and why a stipulation was not obtained. LR 7-6. EX PARTE COMMUNICATIONS. (a) No party nor counsel for any party shall make an ex parte communication with the court except as specifically permitted by these rules.

Vegas Law