Las Vegas Justice Court Small Claims Changes Effective

Las Vegas Justice Court Small Claims Changes Effective January 1, 2017 per Administrative Order 16 -04

Summary of Changes • Elimination of Mandatory Mediation • Cease Formal Objections • Counterclaims Require Fees

Elimination of Mandatory Mediation Impacts • New Court provided forms/format must be used after January 1, 2017: – Small Claims Complaint and Amended Small Claims Complaint – Small Claims Counterclaim and Amended Small Claims Counterclaim – Obsolete versions of the forms cannot be accepted by the Court. • • New cases will be set for hearing when the case is opened. Proof of Service must document service of the Small Claims Complaint and the Instructions to Plaintiff or Defendant (revised version 1/17). – Plaintiff does not serve a "blank Small Claims Answer" form. – Updated Proof of Service forms. • • Cases opened prior to 2017 will not be set for Mediation if a Small Claims Answer filed by the Defendant. It will be set for hearing. For cases opened in 2017, seven to ten days prior to Court the Plaintiff must e-file their Proof of Service and Memorandum of Costs forms in preparation for the hearing. – E-Filing Codes: • • Proof of Service: CVPSER Affidavit of Service: CVAOS Certificate of Mailing (for Approved Certified Mailing of the New Complaint & Instructions): CVCERT Memorandum of Costs and Disbursements: CVMEMC

Elimination of Formal Objections / Protempore Judges to Hear Cases Impacts • Formal Objections for “Facts of the Case” hearings cannot be filed since the hearings and decisions will be made by a Judge and not a Referee. • The party who wins the case cannot submit a Writ of Execution until after the Appeal deadline has passed. – Appeal Deadline: Five Judicial days plus three days for mailing after the date of the Court’s Certificate of Mailing. • Defendants who admit to owing the money to the plaintiff, will be given an opportunity to privately talk with the Plaintiff prior to the case being heard by the Small Claims Judge. – Confession of Judgment forms will be provided to the parties to complete.

Counterclaims Require Fees Impacts • A $71. 00 “First Moving Document” fee will be required to file a Counterclaim – Claim Amount must be between $. 01 and $10, 000 – A Fee Waiver Application may be filed in the same e-filing envelope – If the court date to hear the claim is scheduled less than 12 days from the e-filing of the Counterclaim, the Counter Plaintiff must e-file a Motion to Continue the hearing to ensure they have sufficient time to have the Counter Defendant served. E-File the Motion to Continue in the same e-filing envelope as E-File code: RFC. • Counterclaims must be personally served on each Counter Defendant – – • File Stamped Small Claims Counterclaim Instructions to Counter Plaintiff and Counter Defendant For cases opened in 2017, seven to ten days prior to Court the Counter Plaintiff must e-file their Proof of Service and Memorandum of Costs forms in preparation for the hearing. – E-Filing Codes: • • Proof of Service: CVPSER Affidavit of Service: CVAOS Certificate of Mailing (for when the Judge has already approved Certified Mailing of the Counter Claim & Instructions): CVCERT Memorandum of Costs and Disbursements: CVMEMC