Thursday, April 7, 2016

Notice Anything?

We've received a couple tips about a developing issue with notice. Basically, at least one of the civil departments believes that if a status check is listed on Odyssey, then all parties have notice of that hearing. We've heard reports that on more than one occasion, orders to show cause have been issued when parties fail to attend a status hearing for which there was no notice other than a line on Odyssey. Supposedly, all attorneys are required to be checking that system for hearing dates and times on their cases.

Using your best attorney skills, including citations where possible, explain why this is or is not a violation of due process.

43 comments:

  1. Well that's just great...lets all rely on a system that doesn't even work half of the time. And I don't see why the court can't just send a fax to the lawyer's office...it takes three seconds. then notice has been given and there's actual proof its been delievered

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    1. 3 seconds x the number of lawyers on a case = substantial staff time. Just file & e-serve a Notice of Hearing if the court wants to set a hearing. That takes less time, and reaches everyone.

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  2. NOTICE OF HEARING: Give me and my client a chance to be present in court, make arguments or defend allegations. Procedural Due Process 101. How is it fair for me and my staff to check online for every civil case I have to see if I am wanted in court? And to issue an Order to Show Cause for a hearing that I missed? What kind of BS is this. Sometimes Vegas sucks the big one.......like Monica did to Bill back in the day. Go Bernie!!!

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    1. Wait a second...are you saying that Bill had a "big one" lol

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    2. Ah, a Bernie bot. How original? Anyway, a lot of attorneys cannot even get onto odyssey, so courts should not rely on that as proper notice. Also, the dates on there are often wrong.

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    3. I think he did and wants Bernie to suck Bill's "big one." Old Bernie may have to get down on those knees if Hillary wins the Primary and he wants to be on her ticket.

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    4. Make sure you get your state delegate information for Democrats. Report the illegality that happened at the Dem Clark County convention. Christine Kramar should be in the clink. Voter fraud is illegal. She works for Steve Ross' office. He lost my vote.

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  3. What department does this?

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    1. Yes what Department does this? (Other than the Discovery Commissioner who we know does some wacky show cause scheduling). Lets name names.

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    2. Department XXXI?

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    3. I could believe Kishner is doing that. Can anyone confirm?

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    4. So Sean Thueson is the attorney who failed to appear for the Status Checks in the matter?

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    5. I don't know if Kishner is doing that in other cases, but in A701104, it looks like Mike Rubino was supposed to notify all counsel about the Mandatory status hearing two weeks out (per minutes of the 3/16 status hearing). Now, whether he did or whether he didn't, at least the court expected him to provide notice to everyone. If he didn't, that's on him.

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    6. That's what it looks like to me. Rubino promised to notify everyone of the Status Check.

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  4. Wow. What nonsense. My office is now supposed to periodically check every case on Odyssey just in case something has been randomly scheduled? Maybe this judge would also like to hire me an extra employee to do that. For crying out loud...

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    1. Well you can run an attorney search on ODYSSEY for all hearings in that attorney's name for a time period on the Court Calendar part of ODYSSEY. But yes the rest of your point is accurate.

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    2. Point well taken, but easier said than done. Some of my cases show up under my name, some show up under the name of the guy with his name on the door, some under the name of one of the two or three different attorneys from whom I may have inherited the file...Plus the system itself seems very clunky and unreliable to me, but I am by no means a tech wiz.

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  5. Odyssey is due diligence. If you have a hearing, you can check to see that it has not been rescheduled or canceled. But Odyssey is not notice. It seems this needs to be pursued at the Judge's meeting and there needs to be a policy or court rule on the subject. Thanks for posting.

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  6. And while we are at it, the court needs to come up with rules for briefing deadlines on motions filed on OST. Every Notice of Motion on OST should include the deadline for the opposition and the deadline for the reply.

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    1. Speaking of OST I filed a Motion on OST before the Discovery Commissioner and faxed a copy to opposing Counsel. DC said this was insufficient under rule and that Motions on OST must be HAND DELIVERED to Opposing Counsel. Just FYI.

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    2. Must have been less than 10 days. EDCR 2.26.

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    3. Bonnie is correct, stringent on the rules but correct.

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  7. As an employee of one of the departments - we always send either memos or call the parties if a hearing is changed (whether by departmental reassignment or whatever). Also, our Judge has personnel contact the attorneys if they don't show up and give them the next upcoming hearing date. No harm no foul, unless it's calendar call!

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  8. I know I am going to get shit for this comment, but K9 Nikki should not have been out in service again. Also, if I am making $100k plus as a cop, I buy a bullet proof vest for my canine partner.

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    1. Watch the video. The one officer [Jones] is talking calmly with the perpetrator and diffusing the situation, keeping him calm and talking him to stay away from the gun. Then Kerns releases the dog out of nowhere which explodes the situation and sends the perp into a panic. Unnecessary and counterproductive. Did the guy panic when the dog was charging towards him instead of sitting there waiting to get bitten? You bet he did.

      Then LVMPD sells a line of horsehocky for days that the perp killed K-9 Nicky. They knew that the perp squeezed off one random shot and that they fired on the perp (and the dog) 24 times. Yet days afterwards they continued to sell the baloney that the perp killed the dog. Shameful.

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    2. I agree with both 11:13 and 11:55. At the end of the day, the police officers arent trustworthy

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    3. If the dog is considered an officer, whomever pays for the bullet proof vests for human officers should pay for a bullet proof vest for the canine officers.

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    4. If the dog is considered an officer, you don't unload 24 shots from all angles on another officer. So when LVMPD tells you that this is one of their own that they lost, they should remember that when they are unloading their guns in a residential neighborhood on "one of their own."

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    5. Really, police officers aren't trustworthy? JFC.

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  9. I call BS on the new District Court judge who, at the time that a motion was set for hearing, made a big stink because he had not received a paper courtesy copy of the motion. The attorney got dressed down, the other attorney had his time wasted, and they all have to come back to another court date. The motion was clearly available online, the opposition had been timely filed (and presumably a courtesy copy had been sent). WTH? If there was a rule violation, why didn't the law clerk call ahead of time? When I was a law clerk (years ago before anything was available on line), part of my job was running down the courtesy copies. The judge could have dressed down the offender in court but at least the other side's time wouldn't have been wasted. What a d*ck.

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    1. Presume you are referring to Eric the Unethical Johnson? Unfit for public service.

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    2. The concept of the "courtesy copy" goes back to the days when everything was done by hand and Loretta Bowman had her own unique "filing" system that ran about eight months behind, when it ran at all. Should not be necessary today for anything other than OST stuff.

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    3. Some of the judges prefer to have a hard copy to review. Those same judges don't want to have to pay for the paper and toner it takes to print out the copy. Thus, the *courtesy* copy. Nothing courteous about it. The judiciary is just cheap, and won't insist that the judges adhere to a paperless courtroom, despite the work that went into making the Clerk's office paperless.

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    4. I agree nobody should have to deliver paper copies anymore... but alas, there's a rule demanding paper copies. EDCR 2.20 " (g) Whenever a motion is contested, a courtesy copy shall be delivered...". It is especially onerous when you sent a cc and it was lost in chambers so attorney gets screamed at by judge & you get screamed at by attorney.

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    5. I was a recent law clerk and when I didn't receive courtesy copies, I would simply just print them and give them to the judge. The only time I would make a big deal about courtesy copies is when there are voluminous amounts of exhibits that would be shameful to print on the government's dime. But if it was within 30 pages it wasnt a big deal in a bigger scheme of things. But other departments werent the same. I heard one law clerk move motions hearings to later dates because they did not receive courtesy copies. OUCH

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    6. Susan Johnson will vacate hearings without notice if you fail to provide courtesy copies.

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  10. I heard Laura Payne Hunt passed away. Is this true?

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    1. It was Virginia Hunt. Was in yesterday's obits.

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    2. Jesus Christ, thanks for the heart attack LPH is one of my nearest and dearest and I just about had a meltdown. I didn't know VH, how sad. I

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    3. How was Virginia Hunt married to Arnold Weinstock? I mean--I guess that means there is hope for the rest of us homely weirdos.

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  11. You were not the only one having a heart attack. That's why I posted it because counsel from Northern Nevada said it to me based upon an email he had and I could not find anything on the web.

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