Nev. EDCR 5.202

As amended through October 9, 2024
Rule 5.202 - Departmental assignment procedure
(a) "Same Parties" shall be found when:
(1) The same two persons are parties in any other pending case or were the parties in any other previously decided case assigned to a department of the family division, regardless of their respective party designation (e.g., plaintiff or defendant; applicant or respondent; joint petitioner, etc.); or
(2) A child involved in the case is also involved in any other pending case or was involved in any other previously decided case in the family division.
(b) Upon the filing of any action, the clerk's office shall utilize the information provided on the Mandatory Family Court Cover Sheet to search the parties' and child(ren)'s names to determine whether prior cases involving the same parties exist and assign cases pursuant to this rule.
(c) Pursuant to the mandates of NRS 3.025(3), any and all new cases involving the same parties shall be assigned to the same judicial department in the following manner:
(1) If no prior case involving the same parties exists, then the case will be randomly assigned.
(2) If one or more prior cases involving the same parties has previously been filed, the new case shall be assigned to the judicial department assigned to the earlier-filed case.
(3) The following exceptions shall apply:
(A) Cases filed pursuant to NRS Chapters 62A through 62I shall be directly assigned to the juvenile delinquency judicial department(s).
(B) Cases filed pursuant to NRS Chapter 432B shall be directly assigned to the juvenile dependency judicial department(s) since these cases do not involve the "same parties" (the State having filed a complaint against one or both of the parties on behalf of the children).
(C) Cases filed pursuant to NRS Chapters 159 and 159A relating to adult and minor guardianship actions shall be directly assigned to the guardianship judicial department(s).
(d) Cases filed pursuant to NRS Chapters 130 and/or 425 shall be randomly assigned unless a case involving the same parties has already been assigned to a specific judicial department pursuant to this rule. The hearings shall be scheduled before the family support masters. Any objections to report and recommendations or other hearings required to be held before a district court will be heard by the assigned judicial department.
(e) Applications for temporary protective orders will be randomly assigned unless a case involving the same parties has already been assigned to a specific judicial department pursuant to this rule. Any objections or hearings required to be held before a district court judge will be heard by the assigned judicial department.
(f) Notwithstanding the provisions of this rule, if any judicial department takes an action on a case, including, but not limited to, signing an order or holding a hearing (except uncontested family division matters), then that case (and any existing cases involving the same parties) shall be assigned to the judicial department that took such action.
(g) A peremptory challenge filed in accordance with Supreme Court Rule 48.1 in any department not regularly presided over by a single judicial officer shall be construed as a disqualification of the department and cause for reassignment to another department of the family division.
(h) Conflicts regarding judicial department assignments pursuant to this rule shall be resolved by way of minute order by the presiding judge or the chief judge consistent with the mandates of NRS 3.025(3).

Nev. EDCR 5.202

Added effective 1/27/2017; amended effective 6/10/2022.