Pursuant to Rule 2.23. Motions without oral argument.
- At the request of a judge, the clerk must promptly bring to the judge’s attention every motion to which no response has been timely filed. The clerk must also submit all motions, whether responded to or not, to the judge not less that 3 days before the scheduled hearing.
- If the time to oppose a motion has passed and no opposition has filed, counsel for the moving Party may submit an order granting the motion pursuant to Rule 2.20 to the chambers of the assigned department.
- The judge may consider the motion on its merits at anytime with or without oral argument, and grant or deny it.
- When the judge decides a motion before the hearing date, it must be removed from the calendar and the clear must enter an order upon the minutes of the court reflecting the action taken.
First, the Court is not aware until just prior to the hearing (at best 2 to 3) days prior to the hearing if an opposition has been filed or not. The Court will not typically take the motion off calendar meaning that the movant must appear at the hearing.
The movant may submit to the Court, as stated above, an Order granting the motion pursuant to Rule 2.20, however, in Clark County, the Judges are typically reluctant to sign such order absent an appearance.
If the non-moving party does not appear at the hearing and does not respond to the motion, the Court has the discretion to grant your motion in full or in part. Rule of thumb, always appear in Court at the date and time to which the motion is scheduled.