Rule 7.51 - Procedure for appointment of the clerk of the court to execute documents pursuant to NRCP 70As used in this rule, the term "uncooperative party" means any party that has been directed in a judgment to execute a conveyance of land, deliver deeds or other documents, or perform any other specified act, and has failed to comply within the time specified.
(a) A court order for the appointment of the clerk of the court to execute a conveyance of land, deliver deeds or other documents, or perform any other specific act, must be made by a request for order. The request for order must be filed with the court and must include a supporting declaration that complies with the requirements of part (c) of this rule. After the request for order has been filed, a proposed order must be submitted to the chambers of the assigned department.(b) The court may consider and grant the request for order ex parte or may require that the uncooperative party be served with the request and given an opportunity to respond. The court may also set a hearing on the request for order.(c) The supporting declaration must include the following:(1) Identification of the judgment by title, date, page, and line number of the court order upon which the request to appoint the clerk of the court is based;(2) A description of the good faith efforts made to have the uncooperative party satisfy the judgment, or a statement providing adequate cause why good faith efforts were not made;(3) A statement that the judgment has not been modified by subsequent court order;(4) A statement that the judgment has not been satisfied; or if it has been partially satisfied, what portion remains outstanding;(5) A list of the documents to be executed by the clerk of the court; and(6) A statement of the facts establishing the necessity of the appointment of the clerk of the court, including the reason why each document requires the clerk's signature.(d) The proposed order must include the following:(1) A definitive order appointing the clerk of the court to execute the documents pursuant to NRCP 70. The order cannot state the name or title of a specific court employee;(2) The name of the uncooperative party for whom the clerk of the court is being appointed;(3) The exact title or sufficient description that accurately identifies each document to be executed; and(4) A copy of all documents to be executed. The copies may be redacted to prevent disclosure of private information. The clerk of the court's name or title should not be substituted for the uncooperative party's name. When possible, the document should indicate that the clerk of the court is signing on behalf of the uncooperative party.(e) If the court grants the request for order, the party must submit the original documents to the clerk of the court for execution. When submitting the document, the party shall provide the case number where the order is entered, contact information for the submitting party, and instructions on how the document should be returned. It is not necessary for the party to provide a copy of the order.Added effective 1/1/2020.