Court Rules and Procedures
Rule 1: Applicability of Rules
- These rules may be referred to as the Sparks Municipal Court Rules and may be abbreviated as S.M.C.R. These rules may be amended from time to time.
- Whenever it appears that a particular situation does not fall within a rule, or that the court may make such exceptions as the interests of justice require.
- These rules are governed by the Nevada Justice.
Rule 2: Organization of the Court
- The Municipal Court consists of two departments, each presided over by a judge duly elected or appointed to that position. Judges Pro Tempore (temporary judges) may sit in each department as needed.
- All cases set for trial or other post-arraignment proceeding, except a sentencing set by the arraigning judge, shall be randomly or sequentially assigned to one of the departments.
- The elected or appointed judges of each department may act for one another by mutual agreement as circumstances dictate.
- The administrative judge shall handle all court administrative matters and shall be authorized to speak publicly for the court on matters of court policy.
Rule 3: Authorization to Represent
- Attorneys representing defendants shall promptly serve written notice of their appearance with the City Attorney and file the same with the Court.
- An attorney desiring to withdraw from a case shall file a motion with the court and serve the City Attorney with the same.
Rule 4: Motions
- Except for good cause shown, or as acceptable to the Courts in the normal course, all motions shall be accompanied by affidavit, and, when appropriate, by points and authorities. All motions must be served on the opposing party, along with accompanying proof of service.
- The opposing party may file and serve answering points and authorities on the moving party within ten (10) days after service of a motion.
- The moving party may file and serve reply points and authorities within five (5) days thereafter.
- Upon the expiration of any time period set for response by this rule, either party may file and serve a written request for submittal of the motion, or the court may consider the motion submitted.
- Motions, responses and replies shall not exceed fifteen (15) pages, without court approval.
- Motions shall be decided without oral argument unless oral argument is ordered by the court.
Rule 5: Motions/Pleadings by Facsimile
- All rules and procedure that apply to motions/pleadings filed in person at the court shall also apply to motions/pleadings filed by facsimile, except as otherwise specified in this rule.
Rule 6: Continuances
- No continuance shall be granted, including a stipulated continuance, except for good cause. A motion or stipulation for continuance must state the reason therefore and whether or not any continuance has previously been sough or granted.
- If you are unable to appear on a scheduled court date, you must come in person, unless otherwise approved, to the Court for a new date and time. Court dates and times cannot be changed over the phone. This must be done at least ten (10) days before our scheduled appearance date.
Rule 7: Courtroom Conduct and Attire
- Proceedings in court should be conducted with dignity and decorum, in respect of all participants. All persons appearing in the court must be appropriately attired.
Rule 8: Appeals to District Court
- Except as otherwise provided in NRS 177.015 a defendant in a criminal action tried before a Municipal Court Judge may appeal from the final judgment therein to the Second Judicial District Court, at any time within ten (10) days from the date that judgment is rendered, pursuant to NRS.