Nevada Notice, Consent, and Reference of a Civil Action to a Magistrate Judge is a process that allows civil cases to be referred from the district court to a magistrate judge for all purposes. This process is allowed pursuant to 28 U.S.C. § 636(c) and N.R.S. Sec. 1.470. There are two types of Nevada Notice, Consent, and Reference of a Civil Action to a Magistrate Judge. The first type is an initial referral, in which the district court refers the case to the magistrate judge upon filing. This type of referral must be done in writing and must contain the consent of all the parties. The second type is a voluntary referral, in which the parties agree to refer the case to the magistrate judge after the case has been filed. This type of referral is made in writing and must be approved by the district court. In both types of referrals, the parties must provide notice to each other of the referral and their consent to it. The notice must include a copy of the applicable rule and the court’s order referring the case to the magistrate judge. The consent must also be given in writing and must be signed by all parties. The consent must also include a statement that the parties understand that the case will be decided by the magistrate judge and that the district court will have final authority to review the magistrate judge’s decision. Once the notice and consent are provided, the district court will issue an order that references the case to the magistrate judge. This order must also include a statement that the parties have consented to the reference of the case to the magistrate judge. Once the reference order is issued, the magistrate judge will have the authority to hear the case, make findings of fact and conclusions of law, and enter a final judgment. The district court will review the magistrate judge’s decision, but will be limited to determining whether the magistrate judge correctly applied the law. The district court will not re-hear the case or review the magistrate judge’s findings of fact.
Nevada Notice, Consent, and Reference of a Civil Action to a Magistrate Judge
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(B) The court must dismiss an action for want of prosecution if a plaintiff fails to bring the action to trial within 5 years after the action was filed.
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name-or by a party personally if the party is unrepresented.
A motion requesting a rehearing or reconsideration may be based only on one of the following grounds: (a) Newly discovered or available evidence. (b) Error in the hearing or in the findings and recommendations or the decision that would be grounds for reversal of the findings and recommendations or the decision.
Within 14 days after the service of the motion, the opposing party shall serve and file a written opposition thereto, together with a memorandum of points and authorities and supporting affidavits, if any, stating facts showing why the motion should be denied.
Rule 5.302 - Substitution or withdrawal of attorney (a) Substituting a new attorney for a withdrawing attorney requires the written consent of both attorneys and the party, which must be filed with the court and served upon all parties.
2.47. Unless otherwise provided for in an order of the court, all motions in limine to exclude or admit evidence must be in writing and filed not less than 45 days prior to the date set for trial and must be heard not less than 14 days prior to trial.
Local Rule 59-1, which was added in 2016, provides standards and procedures for motions for reconsideration of interlocutory orders, but it did not provide a deadline for these motions.
Rule 35 - Physical and Mental Examinations (a)Order for Examination (1)In General. The court where the action is pending may order a party whose mental or physical condition-including blood group-is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.