Rule 4.14 - Approved matters(a) Any matter designated as approved on the list described in EDCR 4.13 may be heard without an appearance by the parties and/or their counsel. In order to be approved, the following shall be strictly observed:(1) All petitions must be verified.(2) The petitions filed must be without objection.(3) Death certificates, where applicable, must be attached to the initial petition as an exhibit.(4) Where a bond is required, the petition must set forth with particularity the personal property of the estate together with the estimated amount of annual income from all sources.(b) The original proposed order may be emailed to the probate department's Inbox no earlier than 7 days prior to the hearing and no later than 14 days after being notified of the court's decision pursuant to EDCR 7.21.(c) Proof of service through an affidavit of mailing or certificate of mailing must be filed contemporaneously or immediately after the actual mailing has taken place. All proof of service and proof of publication must be filed no later than 12:00 p.m. on the day prior to the hearing of the matter.(d) At the time of the hearing, the probate commissioner shall read the docket of all cases and matters scheduled for hearing that have been designated as approved and inquire as to whether there are any persons present wishing to object to such approved matters. If no objections are so made, the probate commissioner will recommend approval to the probate judge without further hearing on such matters. If, however, any person appears and indicates a desire to contest or object to the relief requested, the probate commissioner may take the following actions: (1) If the petitioning party and such party's counsel are not present, the probate commissioner will ordinarily continue the matter to the next appropriate probate calendar date, if necessary, to allow all interested parties to be noticed of the objection. The probate commissioner may also direct the objecting or contesting party to file a written objection to the petition prior to the continued hearing date and may thereupon grant or otherwise act upon the petition if such written objection is not so timely filed.(2) If the petitioning party or such party's counsel is present, the probate commissioner may elect to hear the matter at such time to determine whether the matter is the proper subject of objection, whether the matter may in fact be ruled on at such time, or whether a continuance of the matter is appropriate. Subject to the provisions of EDCR 4.08, the probate commissioner may, as appropriate, thereupon hear the matter, continue the matter, impose a briefing schedule, set a discovery schedule as set forth under EDCR 4.17, direct the parties to a settlement conference as set forth under EDCR 4.19, and/or otherwise process the matter.Nev. R. Prac. Eight Jud. Dist. Ct. 4.14
Amended effective 9/2/2014; amended effective 3/1/2016; amended April 26, 2024, effective 6/25/2024.