Rule 1: Applicability of Rules
- These rules may be referred to as the Reno Municipal Court rules and may be abbreviated as R.M.C.R. These rules are intended to supercede the rules promulgated and made effective on January 1, 1980 by the Reno Municipal Court.
- Whenever it appears that a particular situation does not fall within the purview of a rule, or that a literal application of a rule would cause a hardship or injustice in a case, the court may make such order as the interests of justice require.
Rule 2: Organization of the Court
- The Municipal Court consists of a number of departments designated by City Council resolution, each presided over by a judge duly elected or appointed to that position. Judges pro tem may sit in each department from time to time as authorized by law. A judge pro tem duly appointed and authorized by the presiding judge of a particular department to sit in that department shall have the same jurisdiction as the presiding judge, except that the judge pro tem has jurisdiction only over matters to be heard on his or her assigned docket. Judges pro tem are not permitted to act on any motion filed in any case, except those requiring resolution before a case can proceed on the docket to which the pro tem judge is assigned.
- All cases set for trial or other post-arraignment proceeding, except a sentencing set by the arraigning judge, shall be randomly or sequentially assigned to one of the departments. Insofar as is practical, all cases pertaining to a defendant shall be assigned to the same judge. In the event a judge must recuse himself or herself, the matter shall be sent to the administrative judge for reassignment to another department.
- The elected or appointed judges of each department may act for one another by mutual agreement as circumstances dictate.
- Every two years, the elected or appointed judges shall select one of their number to act as Administrative Judge for the upcoming biennium. The Administrative Judge shall speak publicly for the court on matters of court policy and shall handle all court administrative matters, including but not limited to: the court's budget; the court calendar; case assignments; and other policy or procedures reasonably necessary to ensure the court's reliable and consistent operations and the public's confidence in the judiciary. The Administrative Judge shall exercise independent judgment with regard to ministerial actions affecting the business of the courts, and shall advise the other judges and seek a consensus with regard to decisions that will change long-standing practices of the court or otherwise create a major impact on court staff or operations. Notwithstanding the inherent independence of each elected or appointed judge, all judges shall cooperate with, and provide their best advice the Administrative Judge in performance of these duties. The ordinary court workload of the Administrative Judge may be reduced, as necessary, to provide time for the performance of administrative duties.
Rule 3: Authorization to Represent
- Attorneys representing defendants shall promptly serve written notice of their appearance with the City Attorney and file the same with the Court.
- An attorney desiring to withdraw from a case shall file a motion with the court and serve the City Attorney with the same. The court may rule on the motion or set a hearing.
Rule 4: Motions
- Except for good cause shown, all motions shall be accompanied by affidavit, and, when appropriate, by points and authorities. All motions must be served on the opposing party and must be file stamped along with accompanying proof of service.
- The opposing party may file and serve answering points and authorities on the moving party within 10 days after service of a motion.
- The moving party may file and serve reply points and authorities within 5 days thereafter.
- Upon the expiration of any time period set for response by this rule, either party may file and serve a written request for submittal of the motion, or the court may consider the motion submitted.
- An opposition to a motion must state the reason(s) for objection.
- Motions shall be decided without oral argument unless oral argument is ordered by the court.
Rule 5: Motions/Pleadings by Facsimile
- All rules and procedures that apply to motions/pleadings filed in person at the court shall also apply to motions/pleadings filed by facsimile, except as otherwise specified in this rule.
- All motions/pleadings filed by facsimile will only be accepted through the clerk's office (775-334-3824).
- Except by prior court approval, a motion/pleading by facsimile shall not exceed fifteen (15) pages in length, including the cover sheet and exhibits. A document shall not be split into multiple transmissions to avoid the page limitation.
- Each transmitted page shall bear sequential numbers in the transmission.
- All persons are eligible to use motion/pleading-by-facsimile procedures.
- All motions/pleadings filed by facsimile must be accompanied by a cover sheet which must include the person’s name, address, fax number and telephone number.
- All facsimile motions/pleadings filed by an attorney must include the attorney's name, the firm’s name, address, fax number and telephone number. In addition, the attorney’s state bar number must be conspicuously displayed on the cover sheet.
- All motions /pleadings filed by facsimile must be accompanied by proof of service. Service may be accomplished by facsimile when the receiving party is a governmental agency, an attorney, or with the consent of the receiving party. If service of the motion/pleading is accomplished by facsimile the 3-day allowance for mailing shall not be computed into the time for response.
- A defense attorney filing a motion/pleading in the first instance must also file a proper authorization to represent.
- Any motion /pleading received by the court after 5:00 p.m. or on a non-court day shall be filed on the following court day.
Rule 6: Continuances
No continuance shall be granted, including a stipulated continuance, except for good cause. A motion or stipulation for continuance must state the reason therefore and whether or not any continuance has previously been sought or granted.
Rule 7: Corporations
Except with the permission of the court, a corporation or other business entity shall not appear in propria persona.
Rule 8: Courtroom Conduct and Attire
Proceedings in court should be conducted with dignity and decorum. All persons appearing in the court must be appropriately attired. All attorneys must wear appropriate business attire.
Rule 9: Appeals to District Court
Except as otherwise provided in NRS 177.015 a defendant in a criminal action tried before a Municipal Court Judge may appeal from the final judgment therein to the Second Judicial District Court, at any time within 10 days from the date that judgment is rendered.
Updated July 2013