Commission on NV Rules of Civil Procedure

Status: Inactive  (ADKT 0522)

Years  Active: 2017-2021

Mission: To review and make recommendations on whether to update and revise the Nevada Rules of Civil Procedure (NRCP) and related rules.

The Committee on the Nevada Rules of Civil Procedure (NRCP) was established by the Nevada Supreme Court through ADKT 0522, with the primary goal of reviewing and potentially updating the NRCP and related rules. The last comprehensive review of the NRCP was conducted back in 2005, and since then, several factors had necessitated another look at these rules.

Upon completing its review, the Committee presented its final report and recommendations to the Nevada Supreme Court. This was followed by a formal period for public comment, allowing further community involvement before the Supreme Court made its final decisions on the proposed amendments.

On December 31, 2018, the Nevada Supreme Court adopted amendments to the Nevada Rules of Civil Procedure, the Nevada Rules of Appellate Procedure, or the Nevada Electronic Filing and Conversion Rules.  The order adopting the rules and the exhibits can be found in ADKT 0522

On February 4 2021 the Committee was Ordered Closed, having completed its work (ADKT 0522)

Nevada Rules of Civil Procedure Committee Members

Justice Mark Gibbons, Co-Chair

Justice Kristina Pickering, Co-Chair

Wesley M. Ayres, Discovery Commissioner, Reno, NV

George T. Bochanis, Attorney at Law, Las Vegas, NV

Bonnie A. Bulla, Discovery Commissioner, Las Vegas, NV

Hon. Elissa F. Cadish, District Judge, Las Vegas, NV

Robert L. Eisenberg, Attorney at Law, Reno, NV

Graham A. Galloway, Attorney at Law, Reno, NV

Thomas Main, Boyd Law School Professor, Las Vegas, NV

Racheal H. Mastel, Attorney at Law, Las Vegas, NV

Steve Morris, Attorney at Law, Las Vegas, NV

Bill Peterson, Attorney at Law, Reno, NV

Daniel F. Polsenberg, Attorney at Law, Las Vegas, NV

Kevin Powers, Legislative Counsel Bureau, Carson City, NV

Todd Reese, Staff Attorney, Nevada Supreme Court, Carson City, NV

Don Springmeyer, Attorney at Law, Las Vegas, NV

Hon. Kimberly A. Wanker, District Judge, Pahrump, NV

Hon. James E. Wilson, District Judge, Carson City, NV

Loren S. Young, Attorney at Law, Las Vegas, NV

Subcommittees

Time and Service of Process Subcommittee

(NRCP 4, 4.1, 5, 6; NRAP 26 and related NRAP) (including all e-service rules, calculation of time, and time to perform acts throughout the NRCP)

Chair: Judge Elissa Cadish
Members: Justice Kristina Pickering, Judge Jim Wilson, Don Springmeyer, Dan Polsenberg, Racheal Mastel, Todd Reese, Kevin Powers

This subcommittee will examine service rules, e-service rules (including whether additional days to act are added after electronic service), and whether the federal approach to time to perform acts should be adopted in the NRCP.

NRCP 12 and 56 Subcommittee

Chair: Judge Elissa Cadish
Members: Justice Kristina Pickering, Judge Kim Wanker, Professor Thomas Main

This subcommittee will examine whether the current rules for pre-trial motion practice (NRCP 12 motions and summary judgment motions) should be amended.

Discovery Subcommittee

(NRCP 16, 16.1, 26-37, 45)

Chair: Graham Galloway
Members: Judge Jim Wilson, Steve Morris, Commissioner Wes Ayres, Commissioner Bonnie Bulla, Dan Polsenberg, George Bochanis, Don Springmeyer, Bill Peterson, Loren Young

This subcommittee will examine whether the current discovery rules should be amended.

NRCP 16.2, 16.205, 16.21, 16.215, and 16.3 Subcommittee

Chair: Racheal Mastel
Members: Todd Reese, Judge Kim Wanker

This subcommittee will examine whether family court discovery rules and the discovery commissioner rule should be modified.

Class and Derivative Actions Subcommittee

(NRCP 23, 23.1, 23.2)

Chair: Professor Thomas Main
Members: Dan Polsenberg, Don Springmeyer

This subcommittee will examine whether the current rules for class and derivative action should be amended.

NRCP 25 and NRAP 43 Subcommittee

Chair: Todd Reese
Members: Justice Kristina Pickering, George Bochanis, Graham Galloway, Loren Young

This subcommittee will examine whether the current rules regarding substitution of a party, specifically upon the death of a party, should be amended.

Judgment and Post-Judgment Rules Subcommittee

(NRCP 50, 52, 54(b), 58, 59, 60, and writs)

Chair: Dan Polsenberg
Members: Robert Eisenberg, Kevin Powers, Don Springmeyer, Bill Peterson.

This subcommittee will examine the rules relating to judgment and post-judgment procedure, including whether the procedure for NRCP 54(b) certification should be amended.

Huneycutt Subcommittee

(NRCP 62.1, NRAP 12.1, Huneycutt v. Huneycutt, 94 Nev. 79, 575 P.2d 585 (1978) and progeny)

Chair: Racheal Mastel
Members: Justice Kristina Pickering, Justice Mark Gibbons, Todd Reese, Dan Polsenberg

This subcommittee will examine whether FRCP 62.1 and FRAP 12.1, which contain the federal version of the Huneycutt procedure, should be adopted in the NRCP.

NRCP 68 Subcommittee

Chair: Dan Polsenberg
Members: Don Springmeyer, Professor Thomas Main

This subcommittee will examine how NRCP 68 should be rewritten.

Approved Forms Subcommittee

(NRCP 84 and forms)

Chair: Todd Reese
Members: Steve Morris, Kevin Powers

This subcommittee will examine how the rule changes in the rest of the NRCP impact the NRCP forms, and whether the forms should be retained, rewritten, or deleted.

Style Subcommittee

Chair: Todd Reese
Members: Judge Jim Wilson, Kevin Powers, Steve Morris, Prof. Thom Ma

This subcommittee will maintain consistency in formatting and language across all of the rules.

Everything Else Subcommittee

(All NRCP Rules not otherwise accounted for)

Chair: Justice Kristina Pickering
Members: Justice Mark Gibbons, Todd Reese

This subcommittee will examine all rules not assigned to another subcommittee.

Agendas

Minutes

On August 17, 2018, the NRCP Committee Co-Chairs, Justice Mark Gibbons and Justice Kristina Pickering, submitted the Committee's recommendations to the court.  The petition and the exhibits can be found here:

Petition

Exhibit A - NRCP

Exhibit B - NRCP redline against existing NRCP

Exhibit C - NRCP redline against FRCP

Exhibit D - NRAP

Exhibit E  - NEFCR

Recommended NRCPs

Adopted Rules and Redlines

On December 31, 2018, the Nevada Supreme Court adopted amendments to the Nevada Rules of Civil Procedure, the Nevada Rules of Appellate Procedure, or the Nevada Electronic Filing and Conversion Rules.  The order adopting the rules and the exhibits can be found in ADKT 0522 and are provided here:

Order Adopting Rules

Exhibit A - NRCP

Exhibit B - NRAP

Exhibit C - NEFCR

Redlines of the new NRCP against the existing NRCP and against the FRCP are also provided here for the convenience of the bar.  The official adopted version controls if any discrepancies exist between the redlines and the adopted version of the rules.

Redline of adopted NRCP against existing NRCP

Redline of adopted NRCP against FRCP