Vegas Litigator

Going to the Courthouse (Part 3 – Being a Witness)

Donald Kudler — Mon, 12 Oct 2009 16:00:35 +0000

If you are going to “take the stand” as a witness (whether or not a Party to the case), you should be prepared to do so. This is your best opportunity to present yourself in a good light. It can also be the biggest opportunity for an Attorney to make you look bad [...]

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Going to the Courthouse (Part 2)

Donald Kudler — Mon, 13 Jul 2009 16:00:48 +0000

You’ve arrived at the Courthouse, survived the line, and found the right courtroom (hopefully, before your scheduled appearance.) What now? It depends on why you are there and who you are with. Today, I am only going to discuss what to do if you are a party (as an individual or representative of a [...]

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Going to the Courthouse (Part 1)

Donald Kudler — Mon, 01 Jun 2009 16:00:07 +0000

If a case doesn’t settle by agreement, arbitration, or mediation after a lawsuit is filed, the Parties end up at the Courthouse for a Trial. There are several courthouses in Clark County. The “main” Courthouse in downtown Las Vegas is called the Regional Justice Center. It is actually three Courts in one: [...]

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Requests for Production of Documents Pursuant to NRCP 34

Donald Kudler — Mon, 18 May 2009 16:00:20 +0000

NRCP Rule 34 allows Parties to serve Requests Production of Documents and Things. Of course, the scope of the requests is limited by NRCP 26(b) which authorizes parties to obtain discovery regarding any matter not privileged. See, State ex rel. Tidvall v. Eighth Judicial Dist. Court ex rel. County of Clark, 91 Nev. 520, 539 P.2d [...]

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A Few Words About Asking Interrogatories

Donald Kudler — Mon, 13 Apr 2009 15:52:19 +0000

Every case I litigate has its own peculiarities. The fact behind the claims for two Plaintiffs who were injured as passengers in the same car accident are different. For instance, their histories, injuries, and effects of those injuries on their life are different . This is important when forming Interrogatory Questions (as well [...]

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Written Interrogatories Pursuant to NRCP 33.

Donald Kudler — Mon, 30 Mar 2009 16:00:14 +0000

Nevada Rules of Civil Procedure Rule 33 allows for written Interrogatories as one method of finding (or Discovering) information relevant to a civil lawsuit. That Rule states: (a) Availability. Without leave of court or written stipulation, any party may serve upon any other party written interrogatories, not exceeding 40 in number including all discrete subparts, [...]

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The Short Trial Program in Nevada Justice Courts

Donald Kudler — Mon, 16 Mar 2009 16:27:08 +0000

The Nevada Legislature and the Nevada Supreme Court were impressed with the outcome of the Short Trial Program prompting them to institute a Short Trial Program for Jury Trials in the Justice Courts. Nevada Justice Court jurisdiction, set forth in NRS 4.370, includes cases claiming no more than $10,000.00 in money damages. The State Legislature enacted [...]

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A Few Short Notes on Depositions

Donald Kudler — Mon, 02 Mar 2009 16:00:58 +0000

In addition to the general Discovery Rules of NRCP 16.1 and 26, the Deposition process is controlled by NRCP 28 – 31 (the use of Depositions at Trial is controlled by NRCP 32. In this post, I am going to discuss Rules 28, 29 and 30(b)(2)-(4). Historically, Depositions were recorded by Court Reporters using stenographic machines. [...]

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Spoliation of Evidence

Donald Kudler — Mon, 16 Feb 2009 16:41:40 +0000

Since I brought it up last post, I thought now would be a good time to discuss “spoliation of evidence.” And, yes, it is ”spoliation” and not “spoilation.” In any case, Findlaw’s Legal Dictionary defines “spoliation” as: ['spo-le-'a-shen] 1: the destruction, alteration, or mutilation of evidence esp. by a party for whom the evidence is [...]

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Can I gather evidence before a lawsuit?

Donald Kudler — Mon, 02 Feb 2009 16:21:44 +0000

In short, the answer is yes. . . . maybe you can. Nevada Rule of Civil Procedure (NRCP), Rule 27 allows a a possible future party to Petition the District Court for an Order requiring a person or entity to appear for a Deposition to perpetuate testimony. The Party seeking the testimony to be preserved for [...]

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