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CARRIE L. WARD; AND WILLIAM H. WARD, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MARIA A. GALL, DISTRICT JUDGE, Respondents, KNIGHT BUILDERS, LLC, D/B/A POWER PALLETS, Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus or prohibition seeks to compel the district court to rule on a pending motion to disqualify counsel. Having considered the petition and its supporting documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted. See NRS 34.160 (defining a writ of mandamus); NRS 34.170 (providing that a writ of mandamus may issue “where there is not a plain, speedy and adequate remedy in the ordinary course of law”); NRS 34.320 (defining a writ of prohibition); NRS 34.330 (providing that a writ of prohibition is appropriate only where the petitioner lacks “a plain, speedy and adequate remedy in the ordinary course of law”); 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, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). We therefore
ORDER the petition DENIED.1
Stiglich, C.J.
Gibbons, Sr. J.
Silver, Sr.J.
FOOTNOTES
1. The Honorable Mark Gibbons and the Honorable Abbi Silver, Senior Justices, participated in the decision of this matter under general orders of assignment.
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Docket No: No. 85622
Decided: January 12, 2023
Court: Supreme Court of Nevada.
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Get help with your legal needs
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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