mandatory dismissal rule (Nevada) · Go Syfert
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mandatory dismissal rule in Nevada

6 Nevada opinions name it 1 courts 1980–2019 0 in the last five years

The cases below were cited by Nevada courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Thran v. First Judicial District Courtgreen
nev · 1963 · cited in 6 Nevada opinions naming this issue, 1980–2019
2 sentences

2019Prostack further reiterated that "words and conduct. . . short of a written stipulation' cannot estop a defendant from asserting the mandatory dismissal rule." Id. (quoting Thran, 79 Nev. at 181 , 380 P.2d at 300 ).

2019Prostack further reiterated that "words and conduct. . . short of a written stipulation' cannot estop a defendant from asserting the mandatory dismissal rule." Id. (quoting Thran, 79 Nev. at 181 , 380 P.2d at 300 ).

66
Prostack v. Lowdengreen
nev · 1980 · cited in 5 Nevada opinions naming this issue, 2015–2019
2 sentences

2019However, ultimately, lift is upon the plaintiff" . . . that the duty rests to bring the case to trial within the period specified by the rule." Pros tack, 96 Nev. at 231 , 606 P.2d at 1100 ; see also id. ("[W]ords and conduct, short of a written stipulation' cannot estop a defendant from asserting the mandatory dismissal rule." Id. (quoting Thran, 79 Nev. at 181 , 380 P.2d at 300 )).

2019However, ultimately, lift is upon the plaintiff" . . . that the duty rests to bring the case to trial within the period specified by the rule." Pros tack, 96 Nev. at 231 , 606 P.2d at 1100 ; see also id. ("[W]ords and conduct, short of a written stipulation' cannot estop a defendant from asserting the mandatory dismissal rule." Id. (quoting Thran, 79 Nev. at 181 , 380 P.2d at 300 )).

15
Boren v. City of North Las Vegasgreen
nev · 1982 · cited in 1 Nevada opinions naming this issue, 2015–2015
2 sentences

2015Boren v. City of N. Las Vegas, 98 Nev. 5, 5-6 , 638 P.2d 404, 404 (1982) (holding that court-ordered stays extend the five-year period); Prostack v. Lowden, 96 Nev. 230, 231 , 606 P.2d 1099, 1099-1100 (1980) (explaining that a stipulation must expressly extend the five-year deadline; a stipulation to continue the trial date that makes no mention of the five-year rule does not suffice, and a defendant's "(w)ords and conduct, short of a written stipulation' cannot estop a defendant from asserting the mandatory dismissal rule" (quoting Thran v. First Judicial Dist.

2015Boren v. City of N. Las Vegas, 98 Nev. 5, 5-6 , 638 P.2d 404, 404 (1982) (holding that court-ordered stays extend the five-year period); Prostack v. Lowden, 96 Nev. 230, 231 , 606 P.2d 1099, 1099-1100 (1980) (explaining that a stipulation must expressly extend the five-year deadline; a stipulation to continue the trial date that makes no mention of the five-year rule does not suffice, and a defendant's "(w)ords and conduct, short of a written stipulation' cannot estop a defendant from asserting the mandatory dismissal rule" (quoting Thran v. First Judicial Dist.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Nevada. Read the followed side critically anyway.

Where else courts name it

TX 7 (1994–2022) CA 6 (1970–2021) NV 6 (1980–2019) IA 2 (1966–2000)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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