Law Office of Hayes and Welsh

The new Nevada Court of Appeals commenced January 5, 2015.  Nevada Rules of Appealate Procedure identify certain civil cases  that will presumptively be assigned to the new court:

1.Appeals from a judgment of $250,000 or less in a tort action;

2.Appeals involving Chapter 108 statutory liens;

3. Most administrative agency appeals;

4. Most family law cases;

5. Appeals challenging venue;

6. Appeals challenging granting or denial of injunctive relief;

7. Pretrial writ proceedings involving discovery orders or motions in limine;

8. Appeals in trust and estate matters involving less than $5,430,000; and

9. Appeals arising from the foreclosure mediation program

Filing a Request for Foreign Deposition Subpoena in Clark County, Nevada is governed by E.D.C.R 2.80 (a) (2).  The procedure is also described in NRS 53.170.  The pleading to initiate the proceeding is a Request for Foreign Deposition Subpoena which must be accompanied by a $270 filing fee.  The civil cover sheet should be marked “other civil matters” for the Foreign Deposition Subpoena proceedings.

The Law Office of Hayes and Welsh will follow important legislation introduced in the upcoming 2015 Nevada Legislature.

The Law Office of Hayes and Welsh is closed for MLK day.

Effective January 1, 2015, Judge David Barker  is Chief Judge for the Eighth Judicial District Court in Nevada.  Judge Barker has served as a District Court Judge since 2007.  Judge Barker has been practicing law since 1984  and is assigned to Department 18.  Prior to election as Chief Judge, Judge Barker served on the Judges Executive Committee.

A recent article in Nevada Lawyer and authored by attorney Rob Graham describes the dangers with  relying on internet legal forms, particularly wills.  Mr. Graham points out that “inadequately or poorly expressed plans result in substantial expenses to heirs and trust beneficiaries.    Problems that arise include the clouded expressed intent of a testator or truster, the improper titling of assets, incorrectly named beneficiaries and the like…”