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(e) Motion pictures.
LR 54-13. METHOD OF TAXATION OF COSTS.
(a) Any objections to a bill of costs shall be filed and served no later than ten (10) days after service of the bill of costs. Such objections shall specify each item to which objection is made and the grounds therefor, and shall include, if appropriate, supporting affidavits or other material.
(b) On the date set for the taxation neither the parties nor their attorneys shall appear, and the clerk shall proceed to tax such costs as are properly chargeable and shall make an insertion of the costs into the docket and the judgment, if appropriate. The clerk’s taxation of costs shall be final unless modified on review as provided in these rules.
(c) Notice of the clerk’s taxation of costs shall be given by mailing a copy of the bill as approved by the clerk to all parties in accordance with Fed. R. Civ. P. 5.
LR 54-14. REVIEW OF COSTS.
(a) A party may obtain review of the clerk’s taxation of costs by motion to retax under Fed. R. Civ. P. 54(d), accompanied by points and authorities. Any motion to retax costs shall be filed and served within five (5) days after receipt of the notice provided for in LR 54-13(c).
(b) A motion to retax shall particularly specify the ruling of the clerk excepted to, and no others will be considered by the court. The motion shall be decided on the same papers and evidence submitted to the clerk.
LR 54-15. APPELLATE COSTS.
The district court does not tax or retax appellate costs. The certified copy of the judgment or the mandate of the court of appeals, without further action by the district court, is sufficient basis to request the clerk of the district court to issue a writ of execution to recover costs taxed by the appellate court.
LR 54-16. MOTIONS FOR ATTORNEY’S FEES.
(a) Time for Filing. When a party is entitled to move for attorney’s fees, such motion shall be filed with the court and served within fourteen (14) days after entry of the final judgment or other order disposing of the action.
(b) Content of Motions. Unless otherwise ordered by the court, a motion for attorney’s fees must, in addition to those matters required by Fed. R. Civ. P. 54(d)(2)(B), include the following:
(1) A reasonable itemization and description of the work performed;
(2) An itemization of all costs sought to be charged as part of the fee award and not otherwise taxable pursuant to LR 54-1 through 54-15;
(3) A brief summary of:
(A) The nature of the case;
(B) The difficulty of the case;
(C) The results obtained and the amount involved;
(D) The time and labor required;
(E) The novelty and difficulty of the questions involved;
(F) The skill requisite to perform the legal service properly;
(G) The preclusion of other employment by the attorney due to acceptance of the case;
(H) The customary fee;
(I) Whether the fee is fixed or contingent;
(J) The time limitations imposed by the client or the circumstances;
(K) The experience, reputation, and ability of the attorney(s);
(L) The undesirability of the case, if any;
(M) The nature and length of the professional relationship with the client;
(N) Awards in similar cases; and
(4) Such other information as the court may direct.
(c) Attorney Affidavit. Each motion must be accompanied by an affidavit from the attorney responsible for the billings in the case containing the following:
(1) Authentication of the information contained in the motion;
(2) A statement of the amount usually charged by the firm for costs, e.g., computer legal research, telephone surcharges, copy charges;
(3) A statement setting forth the hourly rates usually charged for similar services;
(4) A statement that the bill has been reviewed and edited; and
(5) A statement that the fees and costs charged are reasonable.
(d) Opposition. If no opposition is filed, the court may grant the motion. If an opposition is filed, it shall set forth the specific charges that are disputed and state with reasonable particularity the basis for such opposition. The opposition shall further include affidavits to support any contested fact.
(e) Hearing. If either party wishes to examine the affiant, such party must specifically make such a request in writing. Absent such a request, the court may decide the motion on the papers or set the matter for evidentiary hearing.
FEDERAL AND OTHER CASES.
An award of attorney’s fees pursuant to state law governing actions for medical malpractice was not barred by a physician’s failure to comply with local rule. In an unsuccessful action brought by an employer against the treating physician of an injured employee for negligent misrepresentation, the failure of the physician to comply with the requirements for a motion for attorney’s fees set forth in LR 54-16 did not bar an award of such fees pursuant to former NRS 41A.056 where the United States District Court otherwise ordered the physician to address in his motion certain factors for determining the reasonable value of the requested fees. Johnson v. Incline Village Gen. Imp. Dist., 5 F. Supp. 2d 1113 (D. Nev. 1998)
Factors considered in determining the reasonableness of attorney’s fees in an action for medical malpractice. In an unsuccessful action brought by an employer against the treating physician of an injured employee for negligent misrepresentation, the factors considered in determining the reasonableness of an award of attorney’s fees requested pursuant to former NRS 41A.056 were: (1) the attorney’s ability, training, education, experience, reputation, and professional standing; (2) the time and labor required; (3) the novelty and difficulty of the questions involved; (4) the work’s intricacy and importance and the responsibility imposed on the attorney; (5) the prominence and character of the parties where they affected the importance of the litigation; (6) the time limitations imposed by the client or the circumstances; (7) the attorney’s skill, and the skill needed to perform the legal services properly; (8) the skill, time and attention actually given to the work; (9) the likelihood, if apparent to the client, that acceptance of the particular employment would preclude other employment by the attorney; (10) the amount involved, the results obtained and the benefits derived; (11) the nature and length of the professional relationship with the client; (12) the fee customarily charged in the locality for similar legal services; and (13) whether the fee was fixed or contingent. (See also S.C.R. 155 and LR 54-16.) Johnson v. Incline Village Gen. Imp. Dist., 5 F. Supp. 2d 1113 (D. Nev. 1998)
LR 56-1. MOTIONS FOR SUMMARY JUDGMENT.
Motions for summary judgment and responses thereto shall include a concise statement setting forth each fact material to the disposition of the motion which the party claims is or is not genuinely in issue, citing the particular portions of any pleading, affidavit, deposition, interrogatory, answer, admission, or other evidence upon which the party relies.
LR 65.1-1. QUALIFICATION OF SURETY.
Except for bonds secured by cash or negotiable bonds or notes of the United States as provided for in LR 65.1-2, every bond must have as surety:
(a) A corporation authorized by the United States Secretary of the Treasury to act as surety on official bonds under 31 U.S.C. §§ 9304 through 9306;
(b) A corporation authorized to act as surety under the laws of the State of Nevada, which corporation shall have on file with the clerk a certified copy of its certificate of authority to do business in Nevada, together with a certified copy of the power of attorney appointing the agent authorized to execute the bond;
(c) One or more individuals each of whom owns real or personal property sufficient to justify the full amount of the suretyship; or
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