Judge Bita Yeager
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion, Opposition, Reply
- Chambers Drop Off • At Least One Week Before Hearing or Upon Filing
Exhibits
Court-wide- 3 copies
Communication
Clerk
Chambers
Phone
Clerk
Phone
Chambers
Phone
Chambers
Fax
Chambers
Document Format Requirements6 rules
Exhibits are to be NUMBERED. If parties are unable to submit Joint exhibits, Plaintiff’s exhibits should use numbers, starting with #1 and Defendant’s exhibits should use letters, starting with A.
Photographs and receipts must be identified separately. DO NOT PLACE SEVERAL PHOTOGRAPHS OR RECEIPTS on one sheet of paper, unless counsel stipulate to the admission of all of the items on the page. You may label them, for example, 7-A, 7-B, 7-C, etc.
Formatting
- •Items on a shared sheet may be sub-labeled (e.g., 7-A, 7-B, 7-C)
Submit exhibits in BINDERS, separated by tabs.
- Binding
- Tabbed binder
- Exhibits
If there are an excessive number of exhibits, counsel may agree upon a block of numbers for each side, as long as Plaintiff’s and Defendant’s binders are clearly distinguishable from one another, either through the color of the binder or clear labeling.
On stipulations, signatures may be facsimile, electronic, or typographical, provided the submitting party has written permission from the signing party or attorney for such.
Department 1 accepts facsimile, electronic, and typographical signatures, subject to EDCR 8.07(c).
Formatting
- •Facsimile, electronic, and typographical signatures are accepted, subject to EDCR 8.07(c)
Document Filing Requirements21 rules
If a motion to seal and/or redact is filed with the potentially protected information, the proposed redacted version of the document with a slip-sheet for any exhibit entitled "Exhibit ** Confidential Filed Under Seal" must be attached as an Exhibit.
In accordance with, Administrative Order 19-03, the motion to seal must contain the language "HEARING REQUESTED" on the front page of the motion under the Department number.
- Document
- Motion to seal
- Placement
- First page
Include an Exhibit List containing a short description of each exhibit with a minimum of three columns (blocks) on the right-hand side labeled “Offered”, “Objection” and “Admitted”.
The Court Clerk will contact counsel to schedule a time to meet with counsel to mark the exhibits (only if a voluminous). Counsel are to provide the original exhibits to the Clerk and a copy for the Judge a copy maybe used for the witness (but the clerk’s copy is the official record).
All exhibits must comply with EDCR 2.27.
Department 1 requires a 7-Day Notice under NRCP 55(b)(2) regardless of whether an appearance has been made by the party against whom a default judgment is sought and it must not be combined with a Notice of Intent to Take Default.
A copy of the exhibits intended to be used at prove-up hearing must be attached as exhibits to the Application for Default Judgment or provided to the chambers at least 5 judicial days before the hearing. Exhibits must comply with Department 1's exhibit guideline, AND MUST COMPLY WITH NRS 47-55.
All proposed orders must be emailed to DC1inbox@clarkcountycourts.us in both Word and PDF format with unprotected PDFs; the inbox is for orders only — no correspondence or argument.
Court's wording
All proposed orders should be emailed to the department inbox and sent in both Word and PDF format to DC1inbox@clarkcountycourts.us. Only orders should be sent to this email. Please ensure all PDF's are not protected. This inbox is for orders only, not correspondence. No additional argument is to be included.
Stipulations and Orders or other proposed orders requiring a signature of another person must have the email verification from that person and attached as the last page of the document and not as a separate document, pursuant to AO 20-10.
Ex parte Motions to Shorten Time may not be granted except upon an unsworn declaration under penalty of perjury or affidavit of counsel describing the circumstances claimed to constitute good cause and justify shortening of time.
All parties are to submit an electronic Microsoft Word version (via e-mail to the JEA and law clerk) of the verdict form no later than one (1) judicial day before trial is to begin.
Unless unusual circumstances exist, ex-parte applications for a temporary restraining order are not permitted. An affidavit of counsel in accordance with NRCP 65(b) regarding attempts to contact the party seeking to be enjoined or its respective counsel must be provided with the application.
Every motion in limine must be supported by an EDCR 2.47-compliant affidavit of counsel detailing meet-and-confer efforts; noncompliant motions will not be considered and may be taken off calendar.
Court's wording
Parties have a responsibility to resolve undisputed motions in limine prior to hearing pursuant to EDCR 2.47. Any motion in limine filed MUST be supported by an affidavit of counsel which contains ALL appropriate elements required by EDCR 2.47, with specificity as to what attempts to resolve the matter were made, what was not resolved, and the specific points of disagreement. The Court will not consider motions in limine which are not in compliance with EDCR 2.47, and may choose to take them off calendar for noncompliance and vacate the hearing.
The Court requires the submission of proposed findings of fact and conclusions of law in injunction cases, in accordance with NRCP 52.
PLEASE NOTE – Any order that is inconsistent with the oral ruling of the Court or the Court Minutes will be returned unsigned for correction or will be corrected via interlineation. Counsel should notify the Court of any perceived error in the Court Minutes by Motion pursuant to NRCP 60(a).
All parties are to submit an electronic Microsoft Word version (via e-mail to the JEA and law clerk) of uncontested jury instructions no later than one (1) judicial day before trial. For Criminal Trials, contested jury instructions, as well as an explanation as to why the parties disagree, are to also be digitally submitted in a separate document the day before trial. For Civil Trials, these should be submitted by calendar call.
Proposed orders for the petition should be emailed to the department inbox and sent in both Word and PDF format to DC1inbox@clarkcountycourts.us.
- Document
- Minor compromise petition
Should include
- •Proposed order
Unless otherwise noted in court, the prevailing party is to prepare the order. Department 1 requires proposed orders to be submitted to chambers within fourteen (14) days of notification of the ruling, pursuant to EDCR 7.21. Counsel designated to prepare the order is requested to provide a draft to opposing counsel(s), allowing for a reasonable opportunity for review and comment. Non-drafting counsel may be required to sign the order prior to submission.
Default Judgments for a total award of less than $30,000, if based on written contract, may be submitted to chambers pursuant to EDCR 2.70. The proposed order should be submitted the department inbox and sent in both Word and PDF format to DC1inbox@clarkcountycourts.us
- Document
- Default judgment
Should include
- •Proposed order
An Order Shortening Time submitted on a matter that has been previously filed and set for hearing will not be advanced without either 1) a Stipulation and Order or 2) counsel to submit a Motion to Advance the Hearing on OST.
Contested proposed orders must be submitted with a written statement limited to outlining the differences between competing orders; substantive argument is disfavored, viewed as improper ex parte communication, and will generally be disregarded.
Court's wording
When counsel are unable to agree on the language of an order, counsel should submit their proposed order to Department 1, with a written statement outlining the differences in the competing orders. If a redline copy is available, counsel may also submit that document. No additional argument should be provided. Rather, the statement should be limited to identifying the language believed to be incorrect, and directing the Court to the alternate language proposed. Submissions to the Court containing substantive argument on the merits of a contested issue are disfavored, viewed as improper ex parte communication, even if copied to opposing counsel, and will, generally, be disregarded.
Filing & Service rules
Electronic Filing Rules
Motions to seal/redact and the potentially protected information must be filed in paper at the clerk's office front counter during regular business hours.
All motions to seal and/or redact and the potentially protected information must be filed at the clerk's office front counter during regular business hours.
Page 1 | Department I's Procedures for Sealing and/or Redacting Potentially Protected Information
Filing Timing and Cure Windows
Uncontested jury instructions are due no later than 1 judicial day before trial; contested instructions are due the day before trial in criminal cases and by calendar call in civil cases.
All parties are to submit an electronic Microsoft Word version (via e-mail to the JEA and law clerk) of uncontested jury instructions no later than one (1) judicial day before trial. For Criminal Trials, contested jury instructions, as well as an explanation as to why the parties disagree, are to also be digitally submitted in a separate document the day before trial. For Civil Trials, these should be submitted by calendar call.
Page 1 | Jury Instructions
In criminal cases, counsel seeking to withdraw due to financial issues must move to do so at least 60 days before the trial date.
In a criminal case, if Counsel seeks to withdraw from the case due to financial issues, they must move to do so at least sixty (60) days before the trial date.
Page 1 | Motions to Withdraw as Counsel in Criminal Cases
The jury questionnaire must be submitted in final form for signature no less than five weeks before trial begins.
The questionnaire must be submitted to the Court in final form for signature no less than five (5) weeks prior to the commencement of trial.
Page 1 | Jury Questionnaire
Proposed orders must be submitted to chambers within 14 days of notification of the ruling (EDCR 7.21).
Department 1 requires proposed orders to be submitted to chambers within fourteen (14) days of notification of the ruling, pursuant to EDCR 7.21.
Page 1 | Preparing the Order
Jury questionnaire requests must be made by Stipulation and Order or motion, filed and heard at least six weeks before the trial date.
Department 1 requires all requests for jury questionnaires to be done by Stipulation and Order or by motion and must be filed and heard at least six (6) weeks in advance of the trial date.
Page 1 | Jury Questionnaire
Notice of hearing on a motion may never be shortened to less than 1 full judicial day.
In no event may the notice of the hearing of a motion be shortened to less than 1 full judicial day.
Page 1 | Motions to Shorten Time
Service and Proof of Service Rules
It is your responsibility to ensure you are registered with Odyssey File and Serve to ensure you receive a copy of your filed document and to send any Notice of Entry Orders, if applicable. You must also serve any parties not registered for file and serve. If there are no parties registered with file and serve, the document will be filed into the case, and it will be your responsibility to obtain a filed copy from Odyssey and ensure all parties are notified and /or served, if applicable.
It is your responsibility to ensure you are registered with Odyssey File and Serve to ensure you receive a copy of your filed document and to send any Notice of Entry Orders, if applicable. You must also serve any parties not registered for file and serve. If there are no parties registered with file and serve, the document will be filed into the case, and it will be your responsibility to obtain a filed copy from Odyssey and ensure all parties are notified and /or served, if applicable.
Page 1 | Submission of Orders
Per EDCR 2.26, an order shortening hearing notice to less than 10 days may not be served by mail.
Per EDCR 2.26, an order shortening the notice of a hearing to less than 10 days may NOT be served by mail.
Page 1 | Motions to Shorten Time
A granted order shortening time must be served promptly on all parties.
If granted, it must be served upon all parties promptly.
Page 1 | Motions to Shorten Time
Filing Fees and Waivers
All court proceedings are recorded, and recording of civil matters carries a $40 per hour fee.
All court proceedings are recorded. There is a $40 fee per hour for recording of Civil Matters.
Page 1 | COURT RECORDING AND AUDIOVISUAL EQUIPMENT
CDs of court recordings are available daily at $2 per CD.
CD’s are available daily at $2 per CD.
Page 1 | COURT RECORDING AND AUDIOVISUAL EQUIPMENT
Courtesy Copy Requirements
Courtesy copies of all motions, oppositions, and replies are welcome and should be dropped off in the fifth-floor deliveries box at least one week before the hearing or as soon as filed; voluminous exhibit copies are not required, but emphasized exhibits should be included.
Courtesy copies are welcome of all motions, oppositions and replies, and should be dropped off in the deliveries box on the fifth floor at least one week before the hearing, or as soon as the document is filed. Courtesy copies of voluminous exhibits are not required, but any exhibits considered to require particular emphasis or exhibits the parties would like the Court to review should be included.
Page 1 | Courtesy Copies
Sealing & Redaction Procedures
Documents may not be filed under seal based solely on the existence of a protective order; an independent basis is required.
No documents may be submitted to the Court under seal based solely upon the existence of a protective order.
Page 1 | Department I's Procedures for Sealing and/or Redacting Potentially Protected Information
The unredacted, unsealed potentially protected information must be filed simultaneously with the motion to seal, and a hearing on the motion must be set.
The potentially protected information in unredacted and unsealed form must be filed at the same time and a hearing on the motion to seal set.
Page 1 | Department I's Procedures for Sealing and/or Redacting Potentially Protected Information
All sealing or redaction of information must be accomplished by motion.
Any sealing or redaction of information must be done by motion.
Page 1 | Department I's Procedures for Sealing and/or Redacting Potentially Protected Information
A noncompliant motion to seal may be stricken and the potentially protected information unsealed.
If the motion to seal is noncompliant, the motion to seal may be stricken and the potentially protected information unsealed.
Page 1 | Department I's Procedures for Sealing and/or Redacting Potentially Protected Information
Medical records for minor's compromise petitions should be submitted only to chambers; if filed, restricted personal information must be redacted before filing or the petitioner must file a motion to redact before the judge signs the order.
Department 1 prefers that medical records only be submitted to Chambers. NRS 41.200(3) does not require that medical records be filed. If medical records are filed as an attachment to the Petition, restricted personal information as defined by SRCR 2(6) and NRS 239B.030 must be redacted prior to filing. Failure to redact restricted personal information will require the Petitioner to file a motion to redact pursuant to SRCR 3 and EDCR 2.13 prior to the Judge signing off on the Order to Compromise the Minor's Claim.
Page 1 | Minor's Compromise
Redaction is preferred over sealing; sealing is permitted only in the most unusual circumstances and is not allowed where reasonable redaction would adequately resolve the issues.
Pursuant to SRCR Rule 3(5)(b), redaction is preferred and sealing will be permitted only under the most unusual of circumstances. (A court record shall not be sealed under these rules when reasonable redaction will adequately resolve the issues before the court under subsection 4 above.)
Page 1 | Department I's Procedures for Sealing and/or Redacting Potentially Protected Information
A filed Petition will be placed on the chambers calendar to ensure that the proposed order has also been submitted. The Court may sign the order without an order, when accompanied by approval by the appropriate prosecuting agency: D.A., City Attorney, and/or A.G.. Depending on the number of charges, the time-range, and the gravity of the charge(s), the Court may require a hearing. If needed, the Court will issue a Notice of Hearing.
A filed Petition will be placed on the chambers calendar to ensure that the proposed order has also been submitted. The Court may sign the order without an order, when accompanied by approval by the appropriate prosecuting agency: D.A., City Attorney, and/or A.G.. Depending on the number of charges, the time-range, and the gravity of the charge(s), the Court may require a hearing. If needed, the Court will issue a Notice of Hearing.
Page 1 | Sealing Criminal Records
While a motion to seal is pending, the potentially protected information is not accessible to the public.
While the motion to seal is pending, the potentially protected information will not be accessible to the public.
Page 1 | Department I's Procedures for Sealing and/or Redacting Potentially Protected Information
Filing Bundling Requirements
The 7-Day Notice for default judgment must not be combined (bundled) with a Notice of Intent to Take Default.
Department 1 requires a 7-Day Notice under NRCP 55(b)(2) regardless of whether an appearance has been made by the party against whom a default judgment is sought and it must not be combined with a Notice of Intent to Take Default.
Page 1 | Default judgments
Motions in limine must be filed as independently noticed motions rather than combined into omnibus motions.
Department 1 requires that motions in limine be submitted as independently-noticed motions rather than omnibus motions.
Page 1 | Omnibus Motions
Counsel are encouraged to submit joint exhibits, and if separate exhibit sets are submitted, duplicates must be removed.
Counsel are encouraged to submit Joint exhibits. These may or may not be stipulated to for admittance. If counsel are submitting separate sets of exhibits, duplicates are to be removed.
Page 1 | EXHIBITS & COURT RECORDING AND AUDIOVISUAL EQUIPMENT
Pre-Motion Conference Requirements
Counsel must conduct an E.D.C.R. 2.67 conference to review and discuss exhibits before meeting with the Court Clerk to mark exhibits.
Counsel are to conduct their E.D.C.R. 2.67 conference to review and discuss exhibits prior to meeting with the Court Clerk to mark exhibits.
Page 1 | EXHIBITS & COURT RECORDING AND AUDIOVISUAL EQUIPMENT
When a TRO is requested, the Court schedules a conference with counsel before any formal hearings, and all counsel must attend unless urgency precludes notice to opposing counsel.
When a temporary restraining order is requested, the Court will schedule a conference with counsel prior to any formal hearings. All counsel are required to be present at the conference unless the urgency of circumstances precludes notice to opposing counsel.
Page 1 | Injunctive Relief
Chambers Communication Rules
If you would like to request daily transcripts, please contact me at least 3 weeks prior to trial and I will try to accommodate your request.
If you would like to request daily transcripts, please contact me at least 3 weeks prior to trial and I will try to accommodate your request.
Page 1 | COURT RECORDING AND AUDIOVISUAL EQUIPMENT
Questions about the recording and equipment procedures may be directed to the court recorder at (702) 671-4327 or lizottel@clarkcountycourts.us.
If you have any questions regarding any of the above matters, feel free to contact me at (702) 671-4327 or lizottel@clarkcountycourts.us.
Page 1 | COURT RECORDING AND AUDIOVISUAL EQUIPMENT
Counsel should contact the court recorder in advance to schedule a time to test courtroom equipment prior to trial.
If you need to test equipment prior to trial, please contact me to set up a time.
Page 1 | COURT RECORDING AND AUDIOVISUAL EQUIPMENT
Please let me know in advance if you would like to order them on a daily basis.
Please let me know in advance if you would like to order them on a daily basis.
Page 1 | COURT RECORDING AND AUDIOVISUAL EQUIPMENT
Chambers fax number for Department I is (702) 671-4323.
Fax – (702) 671-4323
Page 1 | Department I
The chambers email address for Department I is dept01lc@clarkcountycourts.us.
Email – dept01lc@clarkcountycourts.us
Page 1 | Department I
The law clerk line for Department I is (702) 671-4328.
Law Clerk – (702) 671-4328
Page 1 | Department I
Chambers office phone for Department I is (702) 671-4324.
Office – (702) 671-4324
Page 1 | Department I