UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
IN THE MATTER OF: )
) General Order 2013-01
SHORT TRIAL RULES ) First Amended Order
)
IT IS ORDERED the attached Short Trial Rules (March 13, 2014) for the United
States District Court for the District of Nevada are effective as of this date. Magistrate
Judge George W. Foley, Jr. is designated as the administrator of this program for the
Unofficial Southern Division of the Court and Magistrate Judge William G. Cobb is
designated as the administrator of this program for the Unofficial Northern Division of the
Court.
Dated this 13 day of March , 2014.
GLORIA M. NAVARRO
CHIEF UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
SHORT TRIAL RULES
I. SCOPE OF RULES
Rule 1. The Short Trial Program.
(a) Purpose. The purpose of the short trial program is to expedite civil trials (both
bench trials and jury trials) through procedures designed to control the length of the trial,
including, without limitation, restrictions on discovery, the use of smaller juries, and time limits
for presentation of evidence.
(b) Availability of Program. The short trial program is available, with limited
exception, to all civil trials. Participation in the program is voluntary.
(c) Applicability of Rules. The Federal Rules of Evidence and Civil Procedure
apply in short trials except as otherwise specified by these rules.
Rule 2. Short Trial Administrative Judges.
The Chief Judge shall appoint one Magistrate Judge from the unofficial Southern
Division and one from the unofficial Northern Division of the District to serve as Short Trial
Administrative Judge to administer the short trial program in their respective divisions.
Rule 3. Presiding Judge.
(a) A short trial may be conducted by the Active or Senior District Judge who has
been assigned the case or, if the parties have previously consented to assignment to a Magistrate
Judge under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, by that Magistrate Judge. However, the
assigned Active District Judge, assigned Senior District Judge or consented-to Magistrate Judge,
with leave of the Chief Judge, may refer the case to a Senior District Judge, with the consent of
the non-assigned Senior District Judge, or under appropriate circumstances, to a recalled
Magistrate Judge (if the parties provide the required consent to the recalled Magistrate Judge)
and the recalled Magistrate Judge consents to the re-assignment.
(b) The presiding judge for the short trial shall be determined no later than 21 days
after a case enters the short trial program.
II. PARTICIPATION IN THE SHORT TRIAL PROGRAM
Rule 4. Matters Subject to the Short Trial Program.
(a) Voluntary Participation in the Short Trial Program. To participate in the
short trial program, parties must execute and file an Agreement for Short Trial and Request for
Approval (see Forms 4(a)(1) and (2) to these Rules). The agreement is not effective until it has
been approved by the assigned District Judge or, if the parties have consented to a trial
conducted by a Magistrate Judge pursuant to Fed. R. Civ. P. 73, the assigned Magistrate Judge.
The agreement may be terminated by the presiding judge (if one has been assigned) or the
assigned District Judge (if no presiding judge has been assigned) upon a showing that one or
more parties have not complied in good faith with the Short Trial Rules or that previously
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undisclosed facts have been discovered that make it inappropriate to proceed pursuant to the
agreement.
(b) Demand for Jury Trial. Any party who desires a trial by jury of any issue
triable of right by a jury must file and serve upon the other parties a demand therefore in
conformity with Fed. R. Civ. P. 38 and 39.
III. PLEADINGS AND MOTIONS; DISCOVERY AND
PRETRIAL PROCEDURE
Rule 5. Filing and Service of Documents.
Unless otherwise specified in these rules, all documents must be filed and served in
accordance with the provisions of the Federal Rules of Civil Procedure. Following trial, the
presiding judge shall file all documents, jury instructions and evidence with the district court
clerk.
Rule 6. Motions and Rulings.
Except for discovery disputes, the presiding judge shall hear and decide all motions.
With respect to discovery disputes, if the presiding judge is a Magistrate Judge or recalled
Magistrate Judge, he/she shall resolve all discovery disputes; if the presiding judge is a District
Judge, he/she may designate the assigned Magistrate Judge to resolve discovery disputes. All
written rulings issued by the presiding judge shall be filed with the district court clerk.
Rule 7. Mandatory Discovery Disclosures and Scheduling Conference.
No later than seven (7) days after the Agreement for Short Trial has been approved, the
parties shall exchange the disclosures required by Fed. R. Civ. P. 26(a)(1)(A). Within 30 days
after the appointment of the presiding judge, the parties must submit a Stipulated Scheduling
Order and Discovery Plan in conformance with LR 26-1(1)(a) & (b) and shall meet with the
presiding judge to confer, exchange documents not previously produced, identify individuals
likely to have discoverable information not previously disclosed who are known to the parties,
and to discuss the possibility of settlement or the use of other alternative dispute resolution
mechanisms. The extent to which discovery is allowed is in the discretion of the presiding
judge. The presiding judge shall set deadlines for completion of discovery and filing dispositive
motions and shall set a trial date (see also Rule 11 herein).
Rule 8. Pretrial Memorandum.
No later than 7 days before the pretrial conference under Rule 9, the parties shall prepare
and serve on the presiding judge a joint pretrial memorandum. The joint pretrial memorandum
shall contain:
(a) a brief statement of the nature of the claim(s) and defense(s);
(b) a complete list of witnesses, including rebuttal and impeachment witnesses, and a
description of the substance of the testimony of each witness;
(c) a list of exhibits; and
(d) all other matters to be discussed at pretrial conference including any requests for
leave to allow oral testimony from an expert.
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Rule 9. Pretrial Conference.
No later than 10 days before the scheduled short trial date, the presiding judge shall hold
a conference with the parties, in person, by video conference or by telephone, to discuss all
matters needing attention prior to the trial date. During the pretrial conference the presiding
judge may rule on any motions or disputes including dispositive motions, motions to exclude
evidence or witnesses or other pretrial evidentiary matters and jury instructions.
Rule 10. Settlement Before Trial.
In the event a case settles before the scheduled short trial date, the parties must, no more
than 2 court days after a settlement is reached, submit to the presiding judge either a written
stipulation and order of dismissal executed by the parties and/or their attorneys or a written
statement signed by counsel confirming that the parties have reached a settlement. Violation of
this rule may subject the parties, their attorneys, or both, to sanctions.
IV. TRIALS
Rule 11. Calendaring.
Unless otherwise stipulated to by the parties and approved by the presiding judge, or for
good cause shown, a short trial shall be calendared to commence not later than 150 days from
the date that the presiding judge is assigned.
Rule 12. Continuances.
No request for the continuance of a trial scheduled in the short trial program may be
granted except upon extraordinary circumstances. A motion for a continuance must be in
writing and served on the presiding judge, must state the extraordinary circumstances and must
otherwise comply with local rules. If the presiding judge grants the motion for continuance, the
case shall be reset to be tried within the ensuing 60 days.
Rule 13. Depositions, Interrogatories and Admissions.
Each party is permitted to quote directly from relevant depositions and video
depositions, interrogatories, requests for admissions, or any other evidence as stipulated to by
the parties.
Rule 14. Documentary Evidence.
Subject to a timely objection pursuant to Rule 15, or as otherwise stipulated to by the
parties, any and all reports, documents or other items that would be admitted upon testimony by
a custodian of records or other originator such as medical records, wage loss records, auto repair
estimate records, photographs, or any other such items as stipulated to, may be admitted into
evidence without necessity of authentication or foundation by a live witness.
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Rule 15. Evidentiary Objections.
On the date the pretrial memorandum is due, the parties shall submit to the presiding
judge all evidentiary objections to reports, documents or other items proposed to be utilized as
evidence and presented to the jury or presiding judge at the time of trial. Unless an objection is
based upon a reasonable belief about its authenticity, the presiding judge shall admit the report,
document or other item into evidence without requiring authentication or foundation by a live
witness.
Rule 16. Evidentiary Booklets.
The parties shall create a joint evidentiary booklet that may include, but is not limited to,
photographs, facts, diagrams, and other evidence to be presented. The booklet shall be submitted
with the joint pretrial memorandum. Any evidentiary objections relating to the booklet shall be
raised at the Rule 9 conference or shall be deemed waived.
Rule 17. Expert Witnesses.
(a) Form of Expert Evidence. Parties are encouraged to present expert testimony at
trial through the use written reports and declarations in lieu of oral testimony.
(b) Use of Oral testimony; Leave of Court. If a party desires to use oral testimony
from an expert at trial, that party must include the expert’s name on the witness list submitted
with the pretrial memorandum under Rule 8 and obtain leave of court at the pretrial conference
under Rule 9.
(c) Use of Written Report; Disclosure. If a party elects to use a written report or
declaration from an expert, that party shall provide a copy of the written report or declaration to
the other parties no later than 30 days before the pretrial conference. Copies of any written
report or declaration intended solely to contradict or rebut another written report or declaration
intended solely to contradict another written report of declaration must be provided to the other
parties no later than 15 days before the pretrial conference.
(d) Qualification of Expert Witness. Documents establishing an expert’s
qualifications to testify as an expert on a given subject, including the information required by
Fed. R. Civ. P. 26(a)(2)(B)(iv) – (vi), shall accompany the disclosure of any written report or
declaration by that expert. There shall be no voir dire of an expert regarding that expert’s
qualifications. The presiding judge may rule on any disputes regarding the qualifications of an
expert during the pretrial conference under Rule 9.
(e) Expert Witness Fees. Recovery for expert witness fees, if any, is governed by
Fed. R. Civ. P 54(d).
(f) Scope of Rule. For purposes of this rule, a treating physician is an expert
witness.
Rule 18. Time Limits for Conduct of Trial.
Plaintiff(s) and defendant(s) shall be allowed up to nine (9) hours each to present their
respective cases unless a different time frame is stipulated to and approved by the presiding
judge. Presentation includes jury voir dire, opening statements, closing statements, presentation
of evidence, examination and cross-examination of witnesses, and any other information to be
presented to the jury or presiding judge, including rebuttal. Cross-examination of witnesses shall
be attributed to the party cross-examining for calculation of time allowed. For the purposes of
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this Rule, all plaintiffs collectively shall be treated as one plaintiff, and all defendants
collectively shall be treated as one defendant.
Rule 19. Size of Jury.
The jury shall be composed of 6 members.
Rule 20. Juror Selection and Voir Dire.
Fourteen potential jurors will be selected from the district court jury pool for a jury of 6
members. Each side shall be allowed such time, if any, as the presiding judge may determine to
conduct voir dire, which time shall be deducted from the 9 hours of presentation time provided
under Rule 18. Challenges for cause and peremptory challenges will remain the same as
provided by law. In the event the resulting jury panel is greater than 6 members, the first 6
members called will constitute the jury panel.
Rule 21. Jury Instructions.
Standard jury instructions should be taken from the Ninth Circuit Model Jury
Instructions, Nevada Pattern Civil Jury Instruction Booklet or the Nevada Jury Instructions:
Civil. Any proposed or agreed to additions to the jury instructions shall be included in the
pretrial memorandum and ruled on by the presiding judge at the pretrial conference. All
stipulated and proposed instructions and verdict forms must be presented to the presiding judge
at the pretrial conference. The presiding judge shall encourage limited jury instructions.
V. JUDGMENT AND POST-TRIAL MOTIONS
Rule 22. Entry of Judgment.
Judgment shall be entered within thirty (30) days after a bench trial, except as ordered by
the court for good cause. Judgment shall be entered upon the short trial jury verdict form in a
jury trial. The judgment, including any costs or attorney’s fees, shall be filed with the clerk.
Rule 23. Attorneys' Fees, Costs and Interest.
Attorneys' fees, costs and interest shall be allowed pursuant to applicable law as in any
other civil case.
Rule 24. Post-Trial Motions.
(a) Post-trial motions shall be limited to determination of costs and attorney's fees,
correcting a judgment for clerical error, conforming the verdict to the Agreement for Short
Trial, enforcement of judgment and motions for a new trial.
(b) Within ten (10) court days after notice of entry of jury verdict or judgment, a
party may file with the clerk and serve on each adverse party a notice of intention to move for a
new trial on any grounds permissible under the Federal Rules of Civil Procedure. The notice
shall be deemed to be a motion for a new trial.
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Rule 25. Binding Short Trial.
The results of a short trial are binding and final as in any other civil trial. If the parties
have agreed that the results of the short trial shall be non-appealable pursuant to the submission
of Form 4(a)(2), Rule 26 does not apply to the case.
VI. APPEALS
Rule 26. Appeal.
Subject to Rule 25, any party to a case within the short trial program shall have a right to
file a direct appeal of the final judgment to the United States Court of Appeals for the Ninth
Circuit pursuant to the provisions of the Federal Rules of Civil Procedure or the United States
Court of Appeals for the Federal Circuit, as appropriate, pursuant to provisions of the Federal
Rules of Appellate Procedure.
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