DUTIES AND OBLIGATIONS OF PARTIES PURSUANT TO NRCP 16.2
Pursuant to Nevada Rule of Civil Procedure 16.2, there are certain requirements set by the Court that must be followed by the parties. Failure to comply with these rules could result in sanctions, including an award of attorney’s fees payable to the opposing party. Specifically:
1. 16.2 Disclosure. Within 45 days of service of the Complaint you are required to submit the following information:
Witnesses: The witnesses are any individuals that may have pertinent information regarding the facts and circumstances of your case. Their names, addresses, and telephone numbers should be included if known. If you are uncertain whether an individual should be named, you can schedule a telephone conference so we can discuss the matter and determine if the individual should be included on the list. If you don’t believe there is anyone that has such information, then that must also be disclosed.
Documents: All documents containing pertinent information regarding your case, including: bills, bank statements, deeds, credit reports or any other documents you believe we might use during the case, must be disclosed if in your possession or readily available to you. Again, I can assist you in determining whether the documents in your possession should be included in the disclosure.
Financial Disclosure Form. Enclosed herewith is a Financial Disclosure that you must complete to the best of your ability, and sign and return the original to my office along with two recent paycheck stubs. If your income or expenses change during your case, you will need to amend your Financial Disclosure. Furthermore, if any of your information regarding income, debts, etc. change before the trial, you must amend your Financial Disclosure. In this event, please immediately contact my office so that a form can be sent.
2. Case Management Conference. Within 60 days after filing of the Answer, the Court must hold a conference with the parties and their attorneys. This conference will be scheduled by the Court. At the conference, the possibility of settlement will be discussed, what discovery will be required if a settlement cannot be reached, the length of time needed to complete discovery, and the scheduling of the date and length of the trial.
At least 5 days prior to the setting of the Conference, the attorneys must confer and attempt to resolve as many issues as possible. If this is not completed, the Court may vacate the Conference. Once the setting is received, our staff will contact you so that we can discuss potential resolutions to your case.
3. Expert Witnesses. Depending on the issues in your case, an expert witness may be required. After your case begins, we can determine if this will be necessary. If so, any potential expert witness will need to be disclosed no later than 90 days after the due date for filing the Financial Disclosure.
Compliance with these rules is not only required, but will assist everyone involved in reaching a speedy resolution to your case. If you have any questions regarding what is required, or concerns about your ability or willingness to comply with these rules, please contact us so that we can assist you in resolving any compliance issues.
Mills & Anderson Law Group focuses its practice in the area of family law including: divorce, custody, child support, spousal support, alimony, guardianship, adoption, termination of parental rights, and abuse and neglect proceedings. If questions regarding theses subjects please contact our family law firm at Mills & Anderson Law Group.
We also practice in the areas of corporate consulting, contracts, business organizations and criminal law. If there is a specific topic you would like information on, feel free to comment on the blog or contact us directly via our “contact us” page.