Opinion
ADKT 372.
June 8, 2006.
ORDER LIFTING STAY AND AMENDING LOCAL RULES OF PRACTICE FOR THE EIGHTH JUDICIAL DISTRICT COURT
WHEREAS, on May 20, 2004, the judges of the Eighth Judicial District Court petitioned this court to adopt amendments to the Local Rules of Practice for the Eighth Judicial District Court (EDCR), including new rules to allow electronic filing of court documents and amendments to existing rules to add provisions consistent with electronic filing; and
WHEREAS, at the time that the petition was filed, the Eighth Judicial District Court already had implemented a trial program, involving electronic filing, record storage, and service of court documents, and as part of that program the court had been accepting electronic filings in select cases in which all of the parties had consented to the program and had commenced mandatory electronic filing in certain cases; and
WHEREAS, on July 14, 2004, this court issued an order staying the expansion of the E-court system in response to challenges raised in Docket Numbers 41451 and 41972 regarding the expansion of the program from a voluntary program to a mandatory one in construction defect cases, the fees charged by the private vendor operating the program, and the lack of a process for waiving the requisite fees; and
WHEREAS, the Eighth Judicial District Court has moved this court to lift the stay and allow expansion of the E-court system, providing affidavits demonstrating that constructional defect cases cannot be managed in a conventional manner and information indicating that the private vendor has eliminated the annual subscription fee, thereby limiting the fees collected to those necessary to cover service; and
WHEREAS, this court has concluded that electronic filing and service is warranted in certain cases and that interim rules should be adopted pending this court's further review of the program, accordingly,
IT IS HEREBY ORDERED:
1. That the stay entered on July 14, 2004, shall be lifted to allow for limited expansion of the E-court system as provided in Rule 8.02(a) of the interim rules set forth in Exhibit A;
2. That new Part VIII of the Local Rules of Practice for the Eighth Judicial District Court, including new Rules 8.01-8.16, shall be adopted as interim rules pending this court's further review and shall read as set forth in Exhibit A:
3. That Rules 1.14(c) and 7.26 of the Local Rules of Practice for the Eighth Judicial District Court shall be amended and shall read as set forth in Exhibit B;
4. That these rule amendments shall become effective immediately; and
5. That the clerk of this court shall cause a notice of entry of this order to be published in the official publication of the State Bar of Nevada. Publication of this order shall be accomplished by the clerk disseminating copies of this order to all subscribers of the advance sheets of the Nevada Reports and all persons and agencies listed in NRS 2.345, and to the executive director of the State Bar of Nevada. The certificate of the clerk of this court as to the accomplishment of the above-described publication of notice of entry and dissemination of this order shall be conclusive evidence of the adoption and publication of the foregoing rule amendments.
NANCY A. BECKER Associate Justice
MARK GIBBONS Associate Justice
JAMES W. HARDESTY Associate Justice
A. WILLIAM MAUPIN Associate Justice
MICHAEL L. DOUGLAS Associate Justice
RON D. PARRAGUIRRE Associate Justice
EXHIBIT A NEW PART VIII OF THE LOCAL RULES OF PRACTICE FOR THE EIGHTH JUDICIAL DISTRICT COURT PART VIII. ELECTRONIC FILING AND SERVICE
Rule 8.01. Definitions of words and terms. (a) "E-Filing System" means the system approved by the Eighth Judicial District Court (hereinafter referred to as "Court") for filing and service of pleadings, motions, and other documents via the Internet through the Court-authorized service provider. (b) "E-Document" means an electronic document which is usually text created by a computer but an E-Document also includes an image scanned or converted to a graphical or image format. (c) "E-Filing" means an electronic transmission of documents to and from the Clerk of the Court. (d) "E-Mail" means a system for sending and receiving message over a computer network. (e) "E-Service" means the electronic transmission of an E-Document (or Notification of a Filing) to all designated parties at their electronic mail address via the E-Filing system. (f) "E-Filer" means a party filing a document with the Court in electronic form. (g) "Service Provider" means the vendor that is under contract with the Court to provide the E-Filing System that can be accessed through the Internet at an Internet address as determined by the Service Provider. (h) "Registered User" means a person or firm who has executed a Subscriber Agreement with the service provider and received the system-generated user ID and password. (i) "Public Access terminals" means a computer provided by the Clerk's Office for a registered user to access the E-Filing System. Rule 8.02. Use of the E-Filing System. (a) The judge to whom a case is assigned may order all parties to file and serve all documents using the E-Filing System in any class action, a consolidated action, or a group of actions, a coordinated action, or an action that is deemed complex under NRCP 16.1(f). Cases may be placed in the E-Filing System at any time after obtaining a case number and the initial filing of the action. The judge to whom the case is assigned also has the discretion of mandating that any particular case be taken out of the E-Filing System at any time. (b) The Court may electronically file any notice, order, minute order, judgment, or other document prepared by the Court. (c) A document that the Court or a party files electronically under these rules has the same legal effect as a document filed in paper form. (d) Filing a document electronically does not alter any filing deadline. (e) When it is not feasible for a party to convert a document to electronic form by scanning, imaging, or other means, a Court may allow a party to file the document in paper form. (f) It shall be the responsibility of the participating parties to serve, pursuant to NRCP 5, proper person litigants who cannot register in the E-Filing System. Rule 8.03. Time of filing. (a) A document that is E-Filed shall be deemed to have been received by the Clerk of the Court on the date and time of its transmittal. If the filing is subsequently accepted by the Clerk, then the document shall have the same file stamped date and time as when it was transmitted. Rule 8.04. Services provided by the E-Filing System. (a) When a document is E-Filed, the Service Provider must promptly confirm the receipt of the filing by E-Mail to the E-Filer or provide a link for the E-Filer to access the confirmation. The confirmation will include the following: (1) Case Number and Case Caption;
(2) Date and time the Service Provider received the filing (time at the Clark County Clerk's Office);(3) Document Title; (4) Document Code; (5) Service Provider Document Identifier; (6) Who filed the document; and (7) The page count as provided by the filer. (b) The E-Filing System will add the image of the Clerk's file stamp in the appropriate place on the E-Document. (c) If the document complies with the Court's filing requirements and is accepted by the Clerk, the Service Provider will send an E-Mail to all addresses listed in the Service List for that particular case. This E-Mail will contain the following information: (1) Case Number and Case Caption;
(2) Date and time the Service Provider received the filing (time at the Clark County Clerk's Office);(3) Document Title; (4) Document Code; (5) Service Provider Document Identifier; (6) Who filed the document; (7) Page count as provided by the filer;
(8) A resource locator that provides access to the filed document; and
(9) A list of all E-Mail addresses served as of the date and time of the filing.Rule 8.05. Electronic service of pleadings and other documents. (a) Documents in the E-Filing System will be served through E-Service. An E-Filed document accepted by the Clerk will be electronically served on all parties registered in that case through the E-Filing System. (b) If the E-Mail message contains notification of the filing, it will contain a resource locator (valid for 60 days from the date of the transmission of the E-Mail message) that will provide access to the E-Document through the Internet for printing or viewing. (c) The E-Mail message will contain the name and address of all intended recipients of the E-Service notification. (d) The electronic service of a pleading or other document shall be considered as valid and effective service on all participants and shall have the same legal effect as an original paper document. (e) For purposes of NRCP 5, E-Service does not constitute service by mail. (f) Proof of Electronic Service must state that the date and time of the electronic service is in place of the date and place of deposit in the mail. Rule 8.06. Service on parties; time to respond or act. (a) Except as otherwise provided in paragraph (b) of this rule, notwithstanding any prior Order of this Court, whenever a party has the right or is required to do some act or file same within the prescribed response period after the service of a notice or other paper, other than process, and the notice or paper is electronically served upon the party, three calendar days must be added to the prescribed period. (b) The three calendar days provided for in paragraph (b) of this rule shall not apply to criminal proceedings due to the necessity of getting matters on the calendar as quickly as possible as provided for in EDCR 3.20. (c) This extension shall not extend the time for filing: (1) a motion for a new trial;
(2) a motion to vacate judgment pursuant to NRCP 59; or(3) a notice of appeal. (d) Electronic service is complete at the time of acceptance of the document by the Clerk. Rule 8.07. Requirements for signatures on documents. (a) Every pleading, document, and instrument filed in the E-Filing System shall be deemed to have been signed by the attorney or declarant and shall bear a facsimile or typographical signature of such person, along with the typed name, address, telephone number, and State Bar of Nevada number of a signing attorney. (b) Typographical signatures shall be treated as personal signatures for all purposes under the Nevada Revised Statutes. A typographical signature shall be as follows:
/s/ John L. Smith JOHN L. SMITH(c) When a document to be filed electronically requires a signature of a notary public, the document is deemed signed by the notary public if, before filing, the notary public has signed a printed form of the document. (d) Signatures of notaries and notary stamps may be typed and E-Filed to satisfy signature requirements once the filing party has possession of the original signatures. (e) When a document to be filed electronically requires a signature under penalty of perjury, the document is deemed signed by the declarant if, before filing, the declarant has signed a printed form of the document. (f) By electronically filing the document, the electronic filer indicates compliance with the above section of this rule and the original, signed document is available for review and copying at the request of the Court or any party. (g) A document that requires the signatures of opposing parties, such as a stipulation, may be electronically filed by typing the names of each signing party, but the filer is required to first obtain the original signatures of all opposing parties on a written form of the document. (h) A party is not required to use a digital signature on an electronically filed document. (i) At any time after the document is filed, any other party may serve a demand for production of the original signed document. The demand must be served on all other parties, but need not be filed with the Court. (j) Within five days of service of the demand, the party on whom the demand is made must make the original signed document available for review and copying by all other parties. (k) All documents which bear a judge's signature shall be scanned and E-Filed so the judge's original signature will be shown thereon. Rule 8.08. Maintenance of original documents. (a) Unless otherwise ordered by the Court, an original paper form of all documents filed electronically, including original signatures, shall be maintained by the filing party for a period of two years after the final resolution of the action, including the final resolution of all appeals. The document shall be made available, upon reasonable notice, for inspection by other counsel or the Court. Rule 8.09. Conventional filing of documents. (a) Notwithstanding the foregoing, the following types of documents may be filed conventionally and need not be filed electronically, unless expressly required by the Court.
(1) Documents filed under seal. A motion to file a document under seal shall be filed and served electronically. However, the documents to be filed under seal shall be filed in paper form.
(2) Exhibits and real objects. Exhibits to declarations that are real objects (i.e., construction materials, core samples, etc.) or other documents (i.e., plans, manuals, etc.), which otherwise may not be comprehensibly viewed in an electronic format, may be filed and served conventionally in paper form.Rule 8.10. Technical problems that preclude electronic filing. (a) Both the Court and the E-Filing Service Provider must take reasonable steps to provide notice to electronic filers of any problems that impede or preclude electronic filing. (b) When technical problems with either the Court's system and/or the Service Provider's system preclude the Court from accepting electronic filings on a particular court day, the Court must deem a filing received on the day when the filer can satisfactorily demonstrate that he or she attempted to file on that day. (c) This provision does not apply to the complaint or other filing that initiates an action or proceeding; that is, it does not extend the time within which an action or proceeding must be filed. Rule 8.11. Electronic filing providers. (a) The Court may contract with one or more electronic service providers to furnish and maintain an electronic filing system for the Court. (b) The Court shall require parties who wish to electronically file documents with the Court to do so by transmitting their documents to such a provider. (c) The Court's contract with an electronic filing provider may allow the provider to charge electronic filers a reasonable fee in addition to the Court's filing fee. The contract may also allow the electronic filing provider to make other reasonable requirements for use of the electronic filing system. (d) Any contract between the Court and an electronic filing provider must acknowledge that the Court is the owner of the contents of the filing system and has the exclusive right to control its use. Rule 8.12. Electronic mail addresses. Electronic filers must furnish one or more electronic mail addresses that the Court and the Service Provider will use to send notice of receipt and confirmation of filing. Rule 8.13. Payment of filing fees. (a) The Court may permit the use of credit cards or debit cards for the payment of filing fees associated with electronic filing. A Court may also authorize other methods of payment. (b) Eligible persons may seek a waiver of Court fees and costs, as provided in NRS 12.015. Rule 8.14. Endorsement. (a) The Court's endorsement of a document electronically filed must contain the following: "Electronically Filed/Date and Time/Name of Clerk." (b) This endorsement has the same force and effect as a manually affixed endorsement stamp of the Clerk of the Court. Rule 8.15. Voluntary E-Filing. (a) The Clerk may provide a means for attorneys to voluntarily E-File when the Court has not placed a case into the Electronic Filing and Service Program. (b) This voluntary program may support both E-Filing with the Court and E-Service. (c) Rules 8.04 and 8.12 are not applicable when using the Voluntary E-Filing program. (d) If this filing is accepted, the Clerk shall print the document and have it added to the physical file for that case. Rule 8.16. Court fees. (a) Any instrument requiring payment of a filing fee to the Clerk of the District Court can be filed electronically in the same manner as any other E-File document. (b) If a filing fee is required, the filing party shall immediately send to the Clerk of the District Court, a photocopy of the face sheet of the filing indicating thereon the filing ID#, plus a check for filing fee(s) in the proper amount in accordance with the current Clark County District Court Schedule of Fees. (c) Statutory filing fees must be tendered to the Clerk immediately following an electronic filing and must in any event be postmarked no later than the next business day following the electronic filing. (d) If a filing fee is due on any ex parte application, it must be received by the Clerk no later than 24 hours following an electronic filing.
EXHIBIT B AMENDMENTS TO RULES 1.14 AND 7.26 OF THE LOCAL RULES OF PRACTICE FOR THE EIGHTH JUDICIAL DISTRICT COURT
Rule 1.14. Time; judicial days; service by mail.
(a) In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run must not be included. The last day of the period so computed must be included, unless it is a Saturday, a Sunday, or a non-judicial day, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a non-judicial day, or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the district court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. The County Clerk shall memorialize and maintain in a written log all such inaccessible days. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and non-judicial days must be excluded in the computation.
(b) If any day on which an act required to be done by any one of these rules falls on a Saturday, Sunday or legal holiday, the act may be performed on the next succeeding judicial day.
(c) Except as otherwise provided in paragraph (d) of this rule, [Whenever] whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, and the notice or paper is served upon the party by mail, either U.S. Mail or court authorized electronic mail, or by electronic means, 3 days must be added to the prescribed period.
(d) The 3 calendar days provided for in paragraph (c) of this rule shall not apply to criminal proceedings due to the necessity of getting matters on the calendar as quickly as possible as provided for in EDCR 3.20.
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Rule 7.26. [Courtesy] Serving orders and other papers; courtesy copies for the court. (a) If service of an order or other paper is to be made on a party represented by an attorney, the service must be made on the attorney unless service on the party is ordered by the court. Service on the attorney or on a party must be made by:
(1) delivering a copy or by mailing it to the last known address; or
(2) if no address is known, by leaving it with the clerk of the court; or(3) facsimile transmission; or
(4) electronic transmission through the Court's electronic filing system if the system provides for electronic service.(b) Delivery of a copy within this rule means:
(1) by handing it to the attorney or to the party; or
(2) by leaving it at the attorney's or party's office with a clerk or other person in charge thereof; or
(3) if the office is closed or the person to be served has no office, by leaving it at the attorney's or party's dwelling house or usual place of abode with some person of suitable age and discretion residing therein; or
(4) by telephonic facsimile communication device if the attorney maintains such a device at the attorney's office and the device is operating at the time service is made; or
(5) by means of electronic mail when the attorney or party has provided the e-mail address to the court's electronic filing system for that case; or(6) by United States mail. (c) Proof of service may be made by:
(1) certificate of an attorney or of the attorney's employee; or
(2) by written admission, affidavit, or other proof satisfactory to the court.
(3) When service is made by facsimile communication and the original order or other paper is filed with the clerk of the court, a copy of a Transmit Confirmation Report or comparable evidence of service must be attached to or included within the filed document. Service by fax after 5:00 p.m. will be deemed delivered on the next judicial day.
(4) When service is made by the court's electronic filing system by e-mail, the e-mail will contain a link to the file stamped document. This e-mail will be sent to the e-mail address of each party being served. All names and e-mail addresses will be listed in the body of the e-mail.(d) The court administrator shall maintain suitable boxes in an appropriate location for each department of the court in which courtesy copies of motions, affidavits, points and authorities, or other papers may be deposited. Attorneys are requested to leave courtesy copies of any paper filed within 5 days of a hearing at which the paper may be considered. The boxes must also be used to deliver courtesy copies of any other filed material which a party wishes the court to receive in advance of a trial or hearing. Courtesy copies must indicate the date of any hearing to which they pertain.