Opinion
No. ADKT 405.
April 29, 2009.
Order Amending Nevada Rule of Civil Procedure 38 And Concluding Suspension of Nevada Rule of Appellate Procedure 7.
WHEREAS, the Honorable Kathy A. Hardcastle, then-Chief Judge of the Eighth Judicial District Court, pursuant to Section 3 of the Nevada Rules on the Administrative Docket, filed a petition requesting this court to authorize the temporary suspension of the collection of jury fees as required by Nevada Rule of Civil Procedure (NRCP) 38(d); and
WHEREAS, because reports filed by the Eighth Judicial District Court in this matter indicated that suspension of Nevada Rule of Appellate Procedure (NRAP) 7, which governs bonds for costs on appeal in civil cases, would facilitate its efforts to reconcile its Clerk Trust Account, this court's orders entered in this matter on January 25, 2008, August 25, 2008, and March 18, 2009, also suspended NRAP 7, and pursuant to those orders, such suspension shall remain in effect through June 1, 2009; and
WHEREAS, because it appears that the continued suspension of NRAP 7 is not warranted, NRAP 7 shall be in full effect as of June 1, 2009; and
WHEREAS, it appears that the considerations supporting the suspension of the collection of jury fees in the Eighth Judicial District may apply to the other judicial districts in this state, and each judicial district should be allowed to determine if suspending the pertinent provision of NRCP 38(d) would be beneficial in that district; and
WHEREAS, based on the foregoing, amendment of NRCP 38(d) is warranted, accordingly,
IT IS HEREBY ORDERED that NRCP 38 shall be amended and shall read as set forth in Exhibit A.
IT Is HEREBY FURTHER ORDERED that this amendment shall be effective 90 days from the date of this order. 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 amendment. Dated this 29th day of April, 2009.
RON D. PARRAGUIRRE
Associate Justice
MICHAEL A. CHERRY
Associate Justice
MARK GIBBONS
Associate Justice
MICHAEL L. DOUGLAS
Associate Justice
NANCY M. SAITTA
Associate Justice
KRISTINA PICKERING
Associate Justice
EXHIBIT A AMENDMENT TO NEVADA RULES OF CIVIL PROCEDURE RULE 38. JURY TRIAL OF RIGHT
(a) Right Preserved. The right of trial by jury as declared by the Constitution of the State or as given by a statute of the State shall be preserved to the parties inviolate.
(b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury by serving as required by Rule 5(b) upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than the time of the entry of the order first setting the case for trial.
(c) Same: Specification of Issues. In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.
(d) Waiver; Deposit of Jurors' Fees. The failure of a party to serve a demand as required by this rule and to file it as required by Rule 5(d) constitutes a waiver by the party of trial by jury. [and to deposit the fees required by this rule] Unless the district in which the action is pending has adopted a local rule pursuant to Rule 83 declaring otherwise, at [At] the time a demand is filed as required by Rule 5(d), the party demanding the trial by jury shall deposit with the clerk an amount of money equal to the fees to be paid the trial jurors for their services for the first day of trial. A demand for trial by jury made as herein provided may be withdrawn only with the consent of the parties, or for good cause shown upon such terms and conditions as the court may fix.