Rule 8 - Pretrial Motions1.Time for filing.(A) Unless otherwise provided by law, by these rules, or by written scheduling order entered by the court in the particular case, all pretrial motions, including motions to suppress evidence, to exclude or admit evidence, for a transcript of former proceedings, for a preliminary hearing, for severance of joint defendants, for withdrawal of counsel, and all other motions that by their nature, if granted, delay or postpone the time of trial, must be made in writing and served and filed not less than 15 days before the date set for trial.(B) If a pretrial motion is filed 15 days or less prior to trial, it shall be served upon the opposing party on the date of filing by one of the following means: electronic mail, if the party being served consents in writing in the manner described in subsection (D) personal service; or e-filing.(C) The court may decline to consider any motion filed in violation of this rule. The court may, however, consider a motion in limine made later than 15 days before the date of trial if there is good cause for making the motion at a later date. Good cause may include, but is not limited to, that an opportunity to make such a motion before trial did not exist or the moving party was not aware of the grounds for the motion before trial. A pretrial motion made later than 15 days before the trial date shall be accompanied by an affidavit or declaration demonstrating good cause for making the motion at the later date.(D) In jurisdictions without electronic filing, a party may agree to accept electronic service by filing and serving a notice. The notice must include the electronic notification address(es) at which the party agrees to accept service.2.Hearing of motions in the Eighth Judicial District. The court shall set a hearing for each motion. Unless an evidentiary hearing upon a motion is required by law, the court may consider a motion on its merits at any time after the reply is filed or after the time for filing a reply, with or without oral argument.3.Hearings and submissions of motions in judicial districts other than the Eighth Judicial District.(A) Hearings on motions.(i) For all judicial districts other than the Eighth Judicial District, all motions shall be decided without oral argument unless (1) requested by a party and ordered by the court, or (2) ordered by the court of its own accord. (ii) If a hearing upon a motion is required by law or requested by a party and a hearing for pretrial motions has not already been set in the case, the party seeking the hearing shall file a Notice of Request for Hearing on the date the motion is filed. The Notice of Request for Hearing shall identify the motion for which the hearing is requested, shall state whether the hearing is anticipated to be evidentiary or consist only of oral argument of the motion, and shall be filed in substantially the form set forth below. CODE
ATTORNEY NAME
BAR NUMBER
ADDRESS
CITY, STATE, ZIP CODE
PHONE NUMBER
ATTORNEY FOR:
IN THE SECOND JUDICIAL DISTRICT COURT OF
THE STATE OF NEVADA IN AND FOR THE
COUNTY OF WASHOE
THE STATE OF NEVADA, | |
Plaintiff, | |
vs. | Case No. CR99-00000 |
RICHARD ROE, | |
Defendant. | Dept. No...................... |
[REQUEST FOR ORAL ARGUMENT OF MOTION] [REQUEST FOR EVIDENTIARY HEARING UPON MOTION]
The Defendant hereby requests a hearing upon the Motion to Suppress Evidence filed on January 1, 2010. This hearing is anticipated to be evidentiary.
Sample Pleading
(B)Submissions of Motions.(i) No submission of Motion is necessary in the Third, Fourth, Eighth, or Ninth Judicial Districts.(ii) In the First, Second, Fifth, Sixth, Seventh, Tenth, and Eleventh Judicial Districts a request for submission must be filed after a reply is filed or after the time for filing a reply has expired. Any party may submit the motion for decision by filing and serving upon all parties a written request to submit the motion in substantially the form set forth below. A request for submission must appear in substantially the form set forth below. THE STATE OF NEVADA, | |
Plaintiff, | |
vs. | Case No. CR99-00000 |
RICHARD ROE, | |
Defendant. | Dept. No...................... |
REQUEST TO SUBMIT MOTION
It is requested that the MOTION TO SUPPRESS EVIDENCE filed on January 1, 2020, be submitted to the court for decision.
Sample Pleading
(iii) The court may decline to consider any motion that has not been submitted in accord with this rule. 4.Oppositions to motions.(A) Within 10 days after the service of a motion, the opposing party must serve and file written opposition.(B) Failure of the opposing party to serve and file written opposition may be construed as an admission that the motion is meritorious and a consent to granting of the same.(C) If an opposition to a motion is filed 5 days or less prior to trial, it shall either be personally served upon the opposition on the date of filing or be e-filed.5.Replies. Unless otherwise ordered by the court, any reply shall be filed on or before the day which falls 3 days after service of the response.6.Points and authorities supporting motions. Any pretrial motion and opposition shall contain or be accompanied by points and authorities in support of each ground thereof and any affidavits or declarations relied upon. The absence of such points and authorities may be construed as an admission that the motion is not meritorious, as cause for its denial, or as a waiver of any ground not so supported.7.Rehearing of motions.(A) No motion once heard and disposed of shall be renewed in the same cause, nor shall the same matters therein embraced be reheard, unless by leave of the court granted upon motion therefor, after notice of such motion to the adverse parties.(B) A party may seek reconsideration of a ruling of the court upon a showing of changed circumstances.As adopted effective 3/1/2021.