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MAI NIV ENTERPRISES, INC., Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and Marjorie L. Hauf, District Judge, Pro Tempore, Respondents Mark T. Coburn, Real Party in Interest.
ORDER DENYING PETITION FOR A WRIT OF PROHIBITION
This original petition for a writ of prohibition challenges an order denying petitioner's motion for removal from the short trial program and further seeks a writ directing the short trial judge to strike and remove an exhibit from the district court record. Petitioner also filed an emergency motion seeking to stay proceedings in the short trial program.
We have reviewed the documents submitted in this matter and, without deciding upon the merits of any claims raised therein, we decline to exercise our original jurisdiction. NRS 34.330; See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Accordingly, without deciding upon the merits of any claims raised, we
ORDER the petition DENIED.1
FOOTNOTES
1. In light of our decision, we deny petitioner's emergency motion for stay of the district court proceedings.
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Docket No: No. 83117-COA
Decided: June 30, 2021
Court: Court of Appeals of Nevada.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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