MOTIONS FOR RECONSIDERATION OF INTERLOCUTORY ORDERS

U.S. District Court for the District of Nevada

Rule Set: Local Rules of the U.S. District Court for the District of Nevada

Rule: 59-1

Jurisdiction: DNV

Bluebook Citation: D. Nev. L.R. 59-1

(a) Motions seeking reconsideration of case-dispositive orders are governed by Fed. R. Civ. P. 59 or 60, as applicable. A party seeking reconsideration under this rule must state with particularity the points of law or fact that the court has overlooked or misunderstood. Changes in legal or factual circumstances that may entitle the movant to relief also must be stated with particularity. The court possesses the inherent power to reconsider an interlocutory order for cause, so long as the court retains jurisdiction.

Reconsideration also may be appropriate if (1) there is newly discovered evidence that was not available when the original motion or response was filed, (2) the court committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling law. (b) Motions for reconsideration are disfavored. A movant must not repeat arguments already presented unless (and only to the extent) necessary to explain controlling, intervening law or to argue new facts. A movant who repeats arguments will be subject to appropriate sanctions.

(c) Motions for reconsideration must be brought within a reasonable time. Lack of diligence or timeliness may result in denial of the motion. LR 65.1-1.

QUALIFICATION OF SURETY

Except for bonds secured by cash or negotiable bonds or notes of the United States governed by LR 65.1-2, every bond must have as surety: (a) (b) A corporation authorized by the United States Secretary of the Treasury to act as surety on official bonds under 31 U.S.C. §§ 9304 through 9306; A corporation authorized to act as surety under the laws of the State of Nevada, which corporation must have on file with the clerk a certified copy of its certificate of authority to do business in Nevada, together with a certified copy of the power of attorney appointing the agent authorized to execute the bond; (c) One or more individuals each of whom owns real or personal property sufficient to justify the full amount of the suretyship; or (d) Any other security the court may require by order. LR 65.1-2. DEPOSIT OF MONEY OR UNITED STATES OBLIGATION IN LIEU OF SURETY When ordered by the court, there may be deposited with the clerk in lieu of surety: (a) Lawful money accompanied by an affidavit that identifies the money’s legal owner; or 63 (b) Negotiable bonds or notes of the United States accompanied by an executed agreement as required by 31 U.S.C. § 9303(a)(3) authorizing the clerk to collect or sell the bonds or notes in the event of default. LR 65.1-3.

APPROVAL

Unless approval of the bond or the individual sureties is endorsed thereon by opposing counsel or the party, if appearing pro se, the party offering the bond must apply to the court for approval. The clerk is authorized to approve bonds unless court approval is expressly required by law. LR 65.1-4.

PERSONS NOT TO ACT AS SURETIES

Officers of this court, members of the bar of this court, nonresident attorneys specially admitted to practice before this court, and their office associates or employees may not act as surety in this court. LR 65.1-5.

JUDGMENT AGAINST SURETIES

Regardless of what may be otherwise provided in any security instrument, every surety who provides a bond or other undertaking for filing with this court thereby submits to the court’s jurisdiction and irrevocably appoints the clerk as agent on whom any paper affecting liability on the bond or undertaking may be served. Liability will be joint and several and may be enforced summarily without independent action. Service may be made on the clerk, who must immediately mail a copy to the surety at the last known address. LR 65.1-6.

FURTHER SECURITY OR JUSTIFICATION OF PERSONAL SURETIES

At any time and upon reasonable notice to all other parties, a party for whose benefit a bond is presented or posted may apply to the court for further or different security or for an order requiring personal sureties.

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