Proposed Local Court Rules

Body

2024 Proposed Local Court Rules


Comments to Proposed LCR Changes

The following proposed rules are open for comments through June 17th.
Please submit comments by completing the following online form:

Clark County District Court - Local Court Rule Comments

Comments will be posted to this page within two business days. 


PROPOSED CHANGES:

*Underlined items have been added
**Strikethrough items have been deleted

LIRLJ 2.4 - RESPONSE TO NOTICE OF INFRACTION:

(1)  Generally. A person who has been served with a notice of infraction must respond to the notice within 15 30 days of the date the notice is personally served or, if the notice is served by mail, within 18 33 days of the date the notice is mailed. 

LIRLJ 2.6 - INFRACTION HEARINGS:

(2)    Contested Hearings. Contested hearings shall be held in-person and on the record.
(3)    Mitigation Hearings. Mitigation hearings will be held by U.S. Mail, e-mail, or online via the court’s website. The hearing will be held in chambers and will take place within 120 days after the defendant filed the response to the notice of infraction. 
The court, upon the defendant’s specific request for an in-person hearing, will send notice of the date. A defendant requesting a remote appearance for their mitigation hearing may submit their Motion for Virtual Appearance pursuant to LIRLJ 2.6 (4)(a). If the court approves a virtual appearance, the court will send notice of the Order on Virtual Appearance and the hearing date. The hearing will be conducted on the record. The court will advise the defendant on the record and in writing, by mail or e-mail, of its decision and any penalty imposed. There is no appeal from a decision at a mitigation hearing. 
(2)  (4)    Remote Hearings Authorized. The court may, at its discretion and upon proper motion showing good cause, permit a person to appear remotely for court for a Contested or Mitigation hearing. 
(a)    Contested Hearings and Mitigation Hearings shall be held remotely on the record and in open court.  Remote presence requires all participants to have both audio and video connection to the hearing, unless otherwise approved by the court.  Any participant permitted to be remotely present by this rule may be required to be physically present at the discretion of the court.  A motion for Virtual Hearing showing good cause why the person should be allowed to appear virtually for their Contested or Mitigation hearing may be filed by the defendant, witness, defendant’s attorney, or witness’s attorney at least five (5) business days before the hearing date. Remote presence requires the participant to have both audio and video connection to the hearing unless otherwise approved by the court. The court will advise the defendant, witness, or attorney in writing of its Order on Virtual Hearing permitting a remote appearance. Any participant permitted to be remotely present by the rule may be required to be physically present at the discretion of the court.

(c)     Nothing in this rule prevents a defendant, attorney, or witness from appearing in person for a Contested Hearing or Mitigation Hearing.  The court may, at its discretion, schedule a Contested Hearing or Mitigation Hearing or docket to be held remotely on the record and in open court. In the event the court schedules a remote hearing or docket, each participant will be notified in writing of the remote hearing. 

LIRLJ 3.5 - DECISION ON WRITTEN STATEMENTS:

(1)    (d) No Appeal Permitted. There shall be no appeal from a decision on written statements.

(2)    Mitigation Hearings. Mitigation hearings based upon written statements may be held in chambers and shall take place within 120 days after the defendant filed the response to the notice of infraction
(3)    No Appeal Permitted. There shall be no appeal from a decision on written statements. 


COMMENTS:

To Be Posted