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How Courts Work

Learn about the different courts in Nevada, how civil cases move through the courts, and who you might meet at the courthouse.

Courts in Nevada
     
Nevada Supreme Court
     
District Court
     
Justice Courts
     
Municipal Courts
     
Federal Courts
Inside the Court
How a Civil Case Moves Through the Courts 

Courts In Nevada

The Nevada state government consists of three branches: the executive, legislative and judicial branches. The judicial branch's role is to interpret and apply laws, ensuring fairness for everyone.  While the legislative branch makes laws and the executive branch enforces them, the judicial branch focuses on the unbiased and efficient resolution of disputes based on state and federal laws.

The Nevada Constitution (Nev. Const. art. 6, § 1.) states that judicial power is held by a court system comprised of a Supreme Court, District Courts, and Justices of the Peace. The Nevada legislature may also establish municipal courts.    Here's a summary of the basic roles of each court:

COURT TYPE  RESPONSIBILITIES
Supreme Court Interpret State Laws and Constitution, review appeals from District Court
District Courts Major civil and criminal cases, appeals from Justice and Municipal Courts
Justice Courts Minor criminal cases, arraignments and preliminary hearings, traffic, small claims, evictions, all cases under $15,000
Municipal Courts Traffic and misdemeanor violations within city limits
Federal Courts Cases related to the U.S. Gov't, U.S. Constitution, federal laws, diversity jurisdiction cases, and bankruptcies

 Nevada Supreme Court

The Nevada Supreme Court is the state's highest court.  Its primary responsibility is to review and rule on appeals from district court cases.  The court does not conduct fact-finding trials; rather, the justices determine if legal or procedural errors were committed during the case in the district court.

The supreme court is funded almost equally from the state general fund and from administrative assessments.

The Nevada Supreme Court has seven Justices.  The Justices are elected by voters at a general election and serve six year terms.

Click to visit our Nevada Supreme Court page to learn more.

District Courts

District Courts in Nevada hear a wide range of legal disputes.   These include criminal, civil, family, and juvenile cases. Cases in District Court can be resolved through arbitration, mediation, and trial.  District Courts also handle appeals from Justice and Municipal Court cases.

Funding for these Courts comes from both the State and the Counties, covering Judges' salaries by the State while covering support staff and facilities with county funds.

Nevada has nine (9) District Courts.  The Eighth Judicial District Court has jurisdiction over all of Clark County.  There are currently fifty-eight (58) District Court Judges in Clark County; thirty-two (32) Judges (organized by department number) and twenty-six (26) Family Court judges (organized by department letter).  District court judges are elected to six year terms by voters in a general election.

Click to visit our District Court page to learn more.

Justice Courts

Nevada's Justice Courts handle misdemeanor crimes, traffic issues, small claims disputes, eviction cases, and all civil matters involving amounts less than $15,000.  These Courts also manage felony and gross misdemeanor arraignments and conduct preliminary hearings, or hearings to determine if sufficient evidence exists to hold criminals for trial in the District Court. Each county funds its own justice courts. The funds collected by those courts go to their respective county treasurer for disbursement to county and state entities.

There are forty-three (43) Justice Courts in Nevada, which are presided over by Justices of the Peace.  The justice courts are organized by township.  In Clark County, there are eleven justice courts (Boulder City, Bunkerville, Goodsprings, Henderson, Las Vegas, Laughlin, Mesquite, Moapa, Moapa Valley, North Las Vegas, and Searchlight).  Justices of the Peace are elected by the voters at a general election to six year terms.

Click to visit our Justice Courts page to learn more.

Municipal Courts

Nevada's eighteen (18) Municipal Courts are located within cities are handle traffic and misdemeanor violations that occur within city limits.  They are presided over by Municipal Judges and are funded by the city budget.  Revenues collected by these courts are generally contributed to the City's general fund.

Federal Courts

In addition to the state courts described above, there are also federal courts. Federal courts in Nevada operate at three levels:  U.S. District Courts (trial courts), U.S. Courts of Appeals (appellate courts), and the U.S. Supreme Court. Federal courts handle cases related to the U.S. Government, the U.S. Constitution, federal laws, and cases involving parties from different states where the value of the claim is over $75,000 (known as diversity jurisdiction).

 Federal Courts also hear bankruptcy cases.

You can learn more about federal courts at your local law library.  Click to visit our Law Libraries page.

 

Inside The Court

Getting familiar with the various roles within a courthouse can make your appearance less intimidating. Here's a list of the key personnel you can expect to encounter when visiting a courthouse:

  • Court Clerks.  Visit the Clerk's office to file documents in your case or to get general case information. The Clerk manages all the documents that are submitted to the Court. They can also provide you with a copy of these records, although they may request a fee for these copies.
  • Judicial officers.  The decision maker in the courtroom. While normally a Judge (an attorney elected to a specific term), your case may also be heard by Commissioners (Court-appointed decision makers), temporary judges (volunteer lawyers), or referees (Court-appointed assistants for specific cases).
  • Courtroom clerks.  Usually seated near the judge, the courtroom clerk helps the judge manage their cases.
  • A bailiff or marshal.  Responsible for security in the court.
  • A court reporter.  Many courtrooms have a court reporter who writes down, word for word, what is said during the proceedings.  People can ask for a copy of this official record, called the "transcript," but they usually have to pay for it.  Small claims and some other courtrooms do not have court reporters so there is no transcript of the hearing.
  • A court interpreter.  When one of the parties or witnesses in a case does not speak English well, there usually is a court interpreter (who speaks English and the non-English speaker's primary language) to help the non-English speaker understand what is going on.  In most cases, the person needing the interpreter needs to arrange for the interpreter in advance.  Click to visit our Interpreters page to learn more.

If you have questions, look for an Information Booth or Self-Help Center in the courthouse.  If one is located within the courthouse, their personnel should be able to answer any questions you may have.

The best way to find out what goes on in a courtroom is to visit a courtroom and watch.  Most hearings and trials are open to the public.  If you have a case with a particular judge, go watch the judge to see how he or she handles cases like yours.  That way, you will have an idea of what to expect.

 

How A Civil Case Moves Through The Courts

Cases generally proceed through the court system in a series of steps.  Here's a brief summary of those general stages:

  • Pre-filing: When the dispute arises. The parties may make demands, try to settle the issue, and possibly prepare for the possibility of a lawsuit.
  • Initial pleading: One party files a "Complaint". This begins the case. The other party may in some cases respond with an "Answer" or "Motion".
  • Discovery: Both sides exchange information and learn about the strengths and weaknesses of the other side's case.
  • Post discovery/pre-trial: The parties prepare for trial; they gather their evidence and organize their witnesses in order.  If possible the parties may attend a settlement conference. They may also file motions with the Court to resolve the case or limit the issues for trial.
  • Trial: The case is heard by Judge or jury;  once the witnesses testify and evidence is presented, the case is decided and a judgment is entered.
  • Post-trial: The parties may appeal the judgment that was entered at trial; the winning party might try to collect the judgment that was entered.

To learn more about civil cases, click to visit the Small Claims and Lawsuits for Money sections.