CLARK COUNTY CIVIL LAW RESOURCE CENTER 330 SOUTH THIRD STREET, SUITE 1105 LAS VEGAS, NV 89101 702-455-1854 INSTRUCTIONS FOR PREPARING THE STATEMENT OF INTENT TO PARTICIPATE IN PETITION FOR JUDICIAL REVIEW -- NRS 130-150 THIS PACKET CONTAINS INSTRUCTIONS AND SAMPLE FORMS ALONG WITH THE FOLLOWING BLANK DOCUMENTS 1. 2. 3. 4 Civil Cover Sheet Petition for Judicial Review Certificates of Mailing Cover Sheet for Respondent's Answering Memorandum of Points and Authorities READ ALL THE MATERIALS CONTAINED IN THIS PACKET BEFORE FILLING IN ANY PORTION OF THE DOCUMENTS. USE BLACK INK AND TYPE OR PRINT CLEARLY WHEN FILLING OUT DOCUMENTS. THE CLERK'S OFFICE WILL NOT ACCEPT DOCUMENTS THAT ARE HARD TO READ. FOR MORE INFORMATION ON DOCUMENT PREPARATION READ THE "DOCUMENT PREPARATION PAMPHLET" ON THE COUNTY CLERK'S WEB PAGE, ON-LINE AT: WWW.CO.CLARK. NV.US/CLERK/FORMS.HTM REVIEW THE CONTENTS OF THIS PACKET BEFORE FILLING OUT ANY OF THE FORMS. YOU MAY NEED TO MAKE ADDITIONAL COPIES OF THE BLANK FORMS BEFORE YOU START. © Clark County Civil Law Resource Center Civil-Judicial Review -1- ALL RIGHTS RESERVED u:\crc\judicial_rev \packet_9\ins_080105.wpd American LegalNet, Inc. www.FormsWorkflow.com IMPORTANT THESE MATERIALS ARE NOT INTENDED TO SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY The law allows you to represent yourself in a legal action. While there is no requirement that you obtain a lawyer, the legal process is complex and very f rmal. It is strongly o recommended that you have a lawyer to consult with or represent you. Private Counsel Is Always Recommended For Legal Matters The information provided in this form packet is offered to assist you in representing yourself in court if yo u do not have a lawyer. If you represent yourself (appear before the court "pro se" or "pro per"), you must follow the same rules that a lawyer must follow. Law prohibits courthouse employees from giving legal advice. You are responsible for knowing the la w that applies to your case and the rules of the court. This information is contained in the Nevada Revised Statutes and Nevada Rules of Civil Procedure, which are available at the Clark County Law Library. Basic law, court rules, and statutes are also available on the Internet at: www.leg.state.nv.us. When you represent yourself, you are responsible for filing and serving the correct court documents within the required time. You must also make sure that the documents are complete before they are signed and filed. Failure to comply with any of the court requirements may cause you to lose important legal rights. Additional information is available at the Clark County webpage on the Internet at: www.co.clark.nv.us. This packet was prepared for educational and information purposes only. It contains general information and is not intended to apply to any specific situation or as legal advice. THIS INFORMATION IS PROVIDED AS A COURTESY ONLY. THE COURT, SELFHELP CENTER, NON-PROFIT ORGANIZATION OR LAW LIBRARY THAT MAY PROVIDE THIS INFORMATION SHALL NOT BE LIABLE FOR ERRORS CONTAINED HEREIN OR FOR DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE FURNISHING OF THIS MATERIAL. © Clark County Civil Law Resource Center Civil-Judicial Review -2- ALL RIGHTS RESERVED u:\crc\judicial_rev \packet_9\ins_080105.wpd American LegalNet, Inc. www.FormsWorkflow.com PETITION FOR JUDICIAL REVIEW NRS 233B.130-150 NRS 233B. 130--I 50 describes the procedure for requesting judicial review of an administrative agency's final decision in a contested case. A person who is a party to the administrative proceeding and disagrees with the final decision of the agency may ask the court to review the record of that proceeding. You must be on the record as a petitioner or respondent in the administrative proceeding in order to petition the court for judicial review. PROCEDURE Petitions for judicial review must name the agency and all other parties of record to the proceeding as respondents. You must file the petition in the district court in the county where the proceeding occurred or the county in which you live within 30 days of receiving the final decision of the agency. (If you are no longer within the state, you must file in the district court in and for Carson City.) The agency and every other party to the proceeding must receive a copy of the petition within 45 days of filing the petition with the clerk of the court. You should attach a copy of the administrative agency's final decision to the filed petition. Within 20 days after receiving the petition, the agency and all other parties to the proceeding mus t file notice of their intent to participate in the judicial review process. The agency will submit the entire record of the proceedings for the court's review within 30 days of receiving the petition. (The parties may agree to shorten the record of the proceedings submitted to the court. Upon request, the court may also agree to extend the time for submitting the record.) A request for judicial review is an appeal of the agency's administrative decision. The court will look at the record of the administrative proceeding when making its decision. Upon a showing of good cause, the court may order the agency to receive additional evidence and reconsider its decision before continuing the judicial review process. If the agency modifies its decision and you want to continue the judicial review process, the court will consider the modified decision as the final decision. Appeals are generally decided upon the record below (lower court or administrative agency decision) and legal arguments submitted by the parties in the form of a memorandum of points and authorities. There is no jury. If the appeal concerns irregularities in procedure that do not appear on the record, the court may receive evidence limited to those irregularities. You will have 40 days after notification that the court has the record of the proceeding to file your memorandum of points and authorities with the Clerk's Office and to serve the document on all other parties to the proceeding. A blank cover sheet for your memorandum is included in this packet. © Clark County Civil Law Resource Center Civil-Judicial Review -3- ALL RIGHTS RESERVED u:\crc\judicial_rev \packet_9\ins_080105.wpd American LegalNet, Inc. www.FormsWorkflow.com The respondents have 30 days from receipt of your memorandum to file an answering memorandum of points and authorities with the Clerk's Office and to serve the document on all o