10JDCR 3.8

(a) Applicability. This rule applies to all motions, both criminal and noncriminal, but not to ex parte motions.

(b) Motion. A nonpleading request for an order or other relief is made by motion unless otherwise prescribed in these rules or other controlling law.

(c) Duty to confer and exchange information; certification in motion. Before filing any motion, except as provided below in this subsection, the party must confer with the opposing party and make a good faith effort, including the exchange of names of witnesses and documents that support each party’s contentions, to resolve the issue(s) raised in the motion. The first paragraph of any motion, except as provided below in this subsection, must be a certification that the attorneys or parties filing the motion have complied in good faith with this rule and state specifically:

(1) The date(s) the party conferred with the opposing parties;

(2) The method of conferring, e.g., in person, by telephone, by letter;

(3) The witnesses identified by each party as supporting the party’s contentions;

(4) What documents or other evidence were exchanged in support of each party’s contentions;

(5) Any issues that were resolved; and

(6) What issues could not be resolved.

This rule does not apply to motions made under NRS 13.050; NRCP 11(c), 12(b)-(d), 41, 50, 53(b)(3), 54(d), and 56; or under any statute or rule that allows a motion for attorney fees, costs, or both.

(d) Telephone conference. If, at any time after the parties have conferred in good faith as required in subsection (c) and have been unable to resolve all the issues, the parties agree to a telephone conference with the judge, the parties may contact the judge’s court administrator and inform him or her of the nature of the issue and that they would like to arrange a telephone call with the judge regarding the issue. If the issues do not involve material factual disputes, the judge may agree to participate in a telephone conference that will be recorded on the court’s recording system.

(e) Required content. Motions must include the following information with appropriate headings and in the following order:

(1) For motions other than those excepted under subsection (c) of this rule, a certification of the party that it has conferred with the opposing party and made a good faith effort to resolve the issue(s) raised in the motion;

(2) A statement of the issue(s) the party wants decided;

(3) A statement of the facts upon which the motion is based and admissible evidence to support the alleged facts;

(4) The legal authority that supports the party’s position;

(5) Analysis of the facts and law and the party’s argument; and

(6) The requested relief.

(f) Failure to comply. Failure to comply with these requirements by the movant may result in the court declining to consider the motion until the parties have conferred, and be treated as consent to deny the motion. Failure to comply with these requirements by the opposing party may be treated as consent to grant the motion. The party bringing the motion bears the responsibility of presenting cogent arguments and relevant authority in support of their pleading. Cf. Edwards v. Emperor’s Garden Rest., 122 Nev. 317, 330 n.38, 130 P.3d 1280, 1288 n.38 (2006) (noting that the appealing party bears the responsibility to present cogent arguments and relevant authority in support of its position).