Rule 4.17 – Discovery in contested/litigated matters.

Rule 4.17. Discovery in contested/litigated matters.

  • (a) In contested matters before the probate commissioner involving disputed issues of material fact, the probate commissioner shall set an evidentiary hearing date and a discovery schedule after receiving input from the attorneys for the parties and any unrepresented parties. Such settings shall be made at the time of the hearing on the initial petition commencing the litigation or at the request of any party thereto. In matters that have been transferred to the probate judge pursuant to Rule 4.08, the probate judge may set the hearing date and a discovery schedule under this rule on its own initiative or at the request of any party.

    (b) The probate commissioner or the probate judge may, as appropriate, limit the time to:

                 (1) Complete discovery obligations;

                 (2) Join other parties and to amend the pleadings; and

                 (3) File and hear dispositive motions.

    (c) The probate commissioner or the probate judge, where appropriate, may set any additional deadlines provided for under NRCP 16 and 16.1 as deemed necessary or appropriate based on the nature and scope of the contested issues to be determined at the evidentiary hearing.

          [Added; effective September 2, 2014.]

Rule 4.13 – List of approved, deficient and heard matters.

Rule 4.13. List of approved, deficient and heard matters.

  • (a) Under the supervision of the probate judge, the probate commissioner must prepare a list of probate matters that are scheduled for hearing. Such list shall be finalized and posted on the probate court’s official website prior to 4:00 p.m. on the day prior to hearing.

    (b) The list shall designate each matter as being “approved” or requiring a hearing that is designated as “court’s discretion.” The list shall also indicate whether the hearing has been continued and the new hearing date.

    (c) In addition to the above, the list may, in the discretion of the probate commissioner, identify those cases scheduled for hearing that are deficient for hearing or determination and the basis for such deficiency to allow parties to correct such deficiencies prior to 12:00 p.m. on the day prior to hearing. The probate commissioner may then designate such matters as “approved” or as requiring a hearing.

          [Added; effective September 2, 2014.]

Rule 4.11 – Filings of matters before probate court and assignment of case numbers.

Rule 4.11. Filings of matters before probate court and assignment of case numbers.

  • (a) All matters filed in probate court shall begin with the letter “P,” followed by the assigned case number, followed by an “E” for estate matters or a “T” for trust matters by the clerk of the court (e.g., P-123456-E or P-123456-T).

    (b) Each trust over which the court is requested to assume jurisdiction must be filed as a separate case number absent an order from the probate judge permitting otherwise. This rule does not apply to subtrusts created under a trust (e.g., a survivor’s trust and a marital trust under a family trust).

    (c) Petitions related to a decedent’s probate estate administration may not be filed in the same case as matters involving an inter vivos trust established by or for the benefit of the decedent absent an order of the probate judge permitting otherwise.

          [Added; effective September 2, 2014.]

Rule 4.08 – Transfer to the probate judge.

Rule 4.08. Transfer to the probate judge.

  • In any matter referred to the probate commissioner, each party is entitled, as a matter of right, to have any contested matter heard before the probate judge provided that the probate commissioner has not made any ruling on such contested matter or commenced hearing such contested matter. A party wishing to exercise such right shall make the request to the probate commissioner in writing or orally prior to commencing the hearing on any contested matter. The probate commissioner shall place the matter on the probate judge’s calendar for hearing before the probate judge at the probate judge’s next available hearing date. The probate judge may, upon resolution of the contested matter, return the case to the probate commissioner’s calendar or retain the case at the discretion of the probate judge.

          [Added; effective September 2, 2014.]

Rule 4.07 – Judicial review by probate judge of probate commissioner’s reports and recommendations.

Rule 4.07. Judicial review by probate judge of probate commissioner’s reports and recommendations.

  • (a) Judicial review of a final recommendation of the probate commissioner will be confined to the record, together with the specific written objections.

    (b) On judicial review of cases concerning alleged irregularities in procedure of a contested probate matter heard by the probate commissioner that are not shown in the record, the probate judge may receive evidence concerning the alleged irregularities, including allegations of ex parte communications between the probate commissioner and a party or any other irregularities that would tend to diminish the public’s confidence in the court’s independence, impartiality, and/or integrity.

    (c) Pending the probate judge’s review of any objection to the probate commissioner’s report, parties shall refrain from taking any action inconsistent with the probate commissioner’s recommendations, unless otherwise ordered by the probate judge. The probate judge may affirmatively enforce the probate commissioner’s recommendation pending the probate judge’s review.

          [Added; effective September 2, 2014.]

Rule 4.06 – Objections to probate commissioner’s reports and recommendations.

Rule 4.06. Objections to probate commissioner’s reports and recommendations.

  • (a) Within 10 judicial days after being served with a copy of the report, any party may file with the clerk of the court and serve on the probate judge and the other parties a written request for judicial review of the matter by the probate judge, together with specific written objections to the recommendations set forth in the probate commissioner’s report and any additional points and authorities. Such judicial review will be subject to review by the probate judge. A courtesy copy of the written request or objection shall be delivered to the probate judge at the time of service on all other parties.

    (b) Upon filing of a timely request for judicial review, the matter will be transferred to the probate judge and be placed by the clerk of the court for hearing before the probate judge. Unless otherwise ordered by the probate judge, the hearing shall be set on the next available probate calendar but no less than 20 days from the date of filing the request.

    (c) Within 10 judicial days after the service of the written objections, the opposing party may file an opposition thereto, together with a memorandum of points and authorities, if any, stating reasons showing why the relief requested should be denied. A moving party may file a reply memorandum of points and authorities not later than 5 judicial days before the matter is set for hearing.

    (d) Failure to file and serve such request and written objections within the 10-day period will result in the automatic affirmance of the probate commissioner’s recommendation by the probate judge.

          [Added; effective September 2, 2014.]

Rule 4.05 – Probate commissioner’s reports and recommendations.

Rule 4.05. Probate commissioner’s reports and recommendations.

  • (a) Within a reasonable time after the evidence presented is closed in a contested matter that is heard by the probate commissioner, the probate commissioner shall file his or her report setting forth written findings of fact, recommended conclusions of law, and recommended form of order, which shall also be served on the parties entitled to notice.

    (b) The probate commissioner may direct counsel for a party to prepare the report, which shall be delivered to the probate commissioner no later than 10 judicial days after the probate commissioner so directs, unless the probate commissioner shall designate some other time period. In contested proceedings, such attorney shall serve a copy of the proposed report upon counsel for all parties who have appeared at the hearing and are affected by the report, unless otherwise directed by the probate commissioner, and submit proof of such service to the probate commissioner with the proposed report. Except when the probate commissioner believes it is appropriate to immediately enter the report, the probate commissioner will wait 5 judicial days before entering the report to enable the submission of a competing report by counsel for another party.

    (c) Promptly upon the probate commissioner’s execution of the proposed report, the attorney charged with drafting the report shall serve a copy of the report on all parties. If the probate commissioner drafts the report, the probate commissioner may effect service or direct one of the parties to perfect service of the same. The report is deemed received 3 judicial days after mailing to a party or a party’s attorney or on the day a copy of the report is hand-delivered to a party or a party’s attorney as demonstrated by an executed receipt.

    (d) The parties may stipulate to immediate entry of an order on the probate commissioner’s recommendation.

          [Added; effective September 2, 2014.]

Rule 4.04 – Authority of the probate commissioner.

Rule 4.04. Authority of the probate commissioner

  • (a) The probate commissioner shall have the following authority on those matters heard before the probate commissioner:

                 (1) To receive oral, documentary, and tangible evidence and to establish a record;

                 (2) To make findings of fact, recommended conclusions of law, and recommendations for the provisions and enforcement of any order; and

                 (3) To exercise any other power or duty contained in an order issued by the probate judge.

    (b) The probate commissioner may recommend a district court judge to make an immediate determination of appropriate sanctions for contemptuous behavior, issue a bench warrant, quash a warrant, or release persons arrested thereon.

    (c) The probate commissioner may perform the duties of any other duly appointed master or commissioner as the administration of justice may require and as authorized under Rule 53(c) of the Nevada Rules of Civil Procedure.

    (d) The probate commissioner may make appropriate sanctions for a party’s failure to comply with the applicable statutes or rules of the court.

          [Added; effective September 2, 2014.]

Rule 4.03 – Scope of rules.

Rule 4.03. Probate commissioner, generally.

  • (a) All probate and trust proceedings under Title 12 and Chapters 162 through 167 of Title 13 of the NRS are automatically referred to the probate commissioner, subject to Rule 4.08. The probate commissioner shall be deemed a special master as governed and defined under NRCP 53 and these rules.

    (b) A district court judge may refer any other matter to the probate commissioner for recommendation unless prohibited by law. Such referral may be by application of a party to the action or on the judge’s own initiative.

    (c) In any civil action in which the capacity or standing of a party to represent a decedent or an estate is in question, any district court judge may refer the matter to the probate commissioner for determination of standing or capacity. The probate commissioner shall conduct a review of all necessary documents, conduct hearings as needed, prepare and file a written report containing findings, conclusions, and a recommendation for resolution as provided under these rules.

    (d) The probate commissioner shall hear and make recommendations on all matters assigned to the probate commissioner, except those matters that require disqualification or those matters that are referred or removed to the probate judge or the chief judge’s designee as provided under these rules. The probate commissioner shall disclose on the record the basis of the probate commissioner’s disqualification and shall ask the parties and their lawyers to consider, out of the presence of the probate commissioner, whether to waive disqualification. If, following disclosure of any basis for disqualification other than personal bias or prejudice concerning a party, the parties and lawyers all agree that the probate commissioner should not be disqualified, and the probate commissioner is willing to participate, the probate commissioner may participate in the proceeding. The agreement shall be incorporated in the record of the proceeding.

          [Added; effective September 2, 2014.]

Rule 4.02 – Probate Judge.

Rule 4.02. Probate Judge.

  • The chief judge for the Eighth Judicial District Court of Nevada shall be designated as the probate judge. The chief judge may, however, in the chief judge’s discretion, appoint one district court judge to serve as the probate judge in the chief judge’s stead. The chief judge shall also have the discretion to designate one or more additional district court judges as alternate probate judge(s) to hear probate matters in the event that the probate judge is disqualified from hearing a matter or if the probate judge is unable to accommodate a matter for any good cause in the discretion of the probate judge.

          [Added; effective September 2, 2014.]

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