FJDCR 3.7

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

(b) 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 attorneys or self-represented parties 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 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 the attorney or the moving party conferred with the opposing attorneys or self-represented parties;

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

(3) What witnesses were identified by each party as supporting their 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 NRCP 11(c), 12(b)-(d), 41, 50, 53(b)(3), 54(d), 56, and 59; motions for leave to file a motion for reconsideration; or motions under any statute or rule that allows a motion for attorney fees, costs, or both. In criminal cases, this rule does not apply to motions to suppress evidence, motions regarding the admissibility of other acts, and motions to dismiss.

(c) Telephone conference with judge. If, at any time after the parties have conferred in good faith as required in subsection (b) of this rule and been unable to resolve all of the issues, and the parties agree to a telephone conference with the judge, the attorneys and/or self-represented parties may contact the judge’s judicial assistant and inform the judicial assistant of the nature of the issue and that they would like to arrange a telephone call with the judge regarding the issue. If the issue does 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.

(d) Required content. Motions and oppositions must include a memorandum of points and authorities with appropriate headings and in the following order:

(1) For motions other than those listed under subsection (b) of this rule, a certification of the party’s attorney or of the self-represented party that they have conferred with the opposing attorney or self-represented parties and made a good faith effort to resolve the issue raised in the motion;

(2) State the issue(s) the party wants decided;

(3) State the facts upon which the motion and opposition are based, and include admissible evidence to support the alleged facts;

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

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

(6) Specify the requested relief.

(e) Failure to comply. The failure of the moving party to file a memorandum of points and authorities in support of the motion shall constitute a consent to the denial of the motion.