Opinion
86297-COA
03-31-2023
ANA RUANO OCHOA, AN INDIVIDUAL, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE SUSAN JOHNSON, DISTRICT JUDGE, Respondents, and DAVID TERRY, AN INDIVIDUAL, Real Party in Interest.
UNPUBLISHED OPINION
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This emergency petition for a writ of mandamus or prohibition challenges a district court order granting three motions in limine and a ruling denying reconsideration of that order.
Whether to issue extraordinary writ relief is solely within this court's discretion, Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991), and it is petitioner's burden to demonstrate that such relief is warranted, Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Having reviewed the documents before us, we decline to intervene. Trial is imminent, and we are not persuaded that this matter presents an exception to the general rule against considering writ petitions challenging pretrial evidentiary rulings. See Williams v. Eight Judicial Dist. Court, 127 Nev. 518, 525, 262 P.3d 360, 365 (2011) (discussing writ petition challenging pretrial orders granting and denying motions in limine); Pan, 120 Nev. at 224, 88 P.3d at 841 C[T]he right to appeal is generally an adequate legal remedy that precludes writ relief."). Accordingly, we
Petitioner's motion for leave to file a late reply to real party in interest's response to her emergency stay motion is granted; the reply was filed on March 29, 2023. However, in light of this order, petitioner's emergency motion for stay is denied as moot.
Gibbons, C.J., Bulla, J., Westbrook, J.
Hon. Susan Johnson, District Judge