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Case Information: 69997
Short Caption:FOLEY VS. FOLEYCourt:Supreme Court
Related Case(s):80958, 82569, 82569-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - R162425Classification:Civil Appeal - General - Pro Bono Program
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:09/21/2018How Submitted:On Record And Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/17/2016Filing FeeAppeal Filing fee waived. In Forma Pauperis.
03/17/2016Notice of Appeal DocumentsFiled Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day.16-08563
03/17/2016Notice/OutgoingIssued Notice Regarding Deadlines.16-08565
03/22/2016Notice of Appeal DocumentsFiled Documents from District Court Clerk. Confidential Civil Cover Sheet (SEALED.)
04/06/2016Transcript RequestFiled Civil Proper Person Transcript Request Form.16-10811
04/12/2016Docketing StatementFiled Proper Person Docketing Statement.16-11270
04/12/2016Order/ProceduralFiled Order. Appellant, who is proceeding in forma pauperis, has filed a transcript request form pursuant to NRAP 9(b). At this stage of the proceedings, we are unable to determine which transcripts, if any, are necessary for this court's review on appeal, see NRAP 9(b)(1)(C), and therefore, we decline to order the preparation of the requested transcripts at this time. However, as this appeal proceeds, we will consider the necessity of transcripts and may order their preparation at a later date.16-11296
04/25/2016Order/ProceduralFiled Order Directing Transmission of Record. Record due: 30 days.16-12882
05/11/2016Record on Appeal DocumentsFiled Record on Appeal - VOL 1.16-14742
05/11/2016Record on Appeal DocumentsFiled Record on Appeal - VOL 2.16-14747
05/16/2016Record on Appeal DocumentsFiled Record on Appeal pages 122-146 and 151-152 (SEALED).
07/19/2016BriefFiled Proper Person Appellant's Informal Brief.16-22400
09/06/2016Case Status UpdateBriefing Completed/To Screening.
09/16/2016Order/ProceduralFiled Order Regarding Pro Bono Counsel. Having considered the documents transmitted by the district court and appellant's informal brief, this court has determined that the appointment of pro bono counsel to represent the parties would assist this court in reviewing this appeal. Accordingly, we direct the clerk of this court to transmit a copy of this order and the attached case summary to the Legal Aid Center of Southern Nevada for financial eligibility screening. Notice of Appearance due: 60 days. Alternatively, if either appellant or respondent is not financially eligible or objects to pro bono representation, or if a volunteer attorney cannot be located, the Legal Aid Center of Southern Nevada shall notify this court in writing within 60 days from the date of this order.16-28787
11/15/2016Notice/IncomingFiled Notice of Determination of Ineligibility for Pro Bono Representation.16-35569
11/15/2016Notice/IncomingFiled Notice of Appearance (Daniel Polsenberg and Abraham Smith as counsel for the Appellant).16-35608
12/12/2016Notice/IncomingFiled Notice of Appearance (Robert Gardner as counsel for District Attorney Family Support Division).16-38329
12/21/2016Order/ProceduralFiled Order Reinstating Briefing. Transcript Request Form due: 14 days. Opening Brief and Appendix due: 90 days.16-39605
01/04/2017Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 04/24/12, 08/28/12, 10/30/13, 02/19/14, 08/08/14, 08/11/14, 12/09/14, 01/28/15, 04/15/15, 06/17/15, 11/16/15, 01/15/16, 01/20/16, 05/17/16, 07/13/16, 08/31/16. To Court Reporter: None listed.17-00243
01/18/2017Notice/IncomingFiled Statement of Legal Aid Representation.17-01837
02/14/2017TranscriptFiled Notice from Court Reporter. Sherry Justice stating that the requested transcripts were delivered. Dates of transcripts: 04/24/12, 08/28/12, 10/30/13, 02/19/14, 08/08/14, 08/11/14, 12/09/14, 01/28/15, 04/15/15, 06/17/15, 11/16/15, 01/15/16, 01/20/16, 05/17/16, 07/13/16, 08/31/16.17-05272
03/21/2017MotionFiled Appellant's Motion for Extension of Time to File Opening Brief.17-09291
03/21/2017Notice/OutgoingIssued Notice Motion/Stipulation Approved. Opening Brief and Appendix due: April 20, 2017.17-09294
04/21/2017MotionFiled Appellant's Motion for Extension - Second Request (Opening Brief).17-13287
05/22/2017MotionFiled Appellant's Motion for Extension of Time to File Opening Brief.17-17096
05/24/2017Order/ProceduralFiled Order Denying Motions. Opening Brief and Appendix due: June 21, 2017.17-17382
06/22/2017MotionFiled Appellant's Motion for Judicial Notice of Related Proceedings.17-20721
06/22/2017MotionFiled Appellant's Motion to File Appendix Under Seal.17-20722
06/22/2017BriefFiled Appellant's Replacement Opening Brief.17-20752
06/22/2017AppendixFiled Appellant's Appendix - Volume 1.17-20753
06/22/2017AppendixFiled Appellant's Appendix - Volume 2.17-20754
06/30/2017MotionFiled Appellant's Motion for Extension of Time to File Amicus Brief.17-21860
06/30/2017Notice/IncomingFiled Appellant's NRAP 44 Notice of Constitutional Issues.17-21861
07/07/2017Order/Clerk'sFiled Certification. The clerk of Nevada Supreme Court certifies to the Honorable Adam Paul Laxalt, Attorney General of the State of Nevada, that on June 30, 2017, appellant filed with the Supreme Court a notice that this appeal draws into question the constitutionality of NRS 425.3844.17-22502
07/10/2017MotionFiled Motion Requesting That The District Attorney, Family Support Division Be Allowed to File An Answering Brief Pursuant to NRS 125B.150(3).17-22733
07/12/2017Order/ProceduralFiled Order Regarding Motions. Appellant's motion requesting that this court take judicial notice of documents filed in related proceedings is granted. The clerk shall file volume 3, received on June 27, 2017, under seal. Appellant has also filed a motion for an extension of time for The American Civil Liberties Union of Nevada (ACLUNV) and the National Coalition for a Civil Right to Counsel (NCCRC) to file briefs of amicus curiae in this matter. Appellant's motion is denied.17-23063
07/12/2017AppendixFiled SEALED Appellant's Appendix - Volume 3.
07/13/2017MotionFiled Motion to Extend Time to File Amicus Brief.17-23392
07/17/2017MotionFiled Amended Motion to Extend Time to File Amicus Brief.17-23748
07/24/2017Order/ProceduralFiled Order Denying Motion. The Clark County District Attorney's Office (CCDA) has filed a motion seeking leave to file an answering brief in this appeal. The motion is denied.17-24352
07/25/2017Order/ProceduralFiled Order Granting Motion. ACLUN shall have until August 2, 2017, to file and serve a motion for leave to file an amicus brief in compliance with NRAP 29(c).17-24560
08/02/2017MotionFiled Amicus Curiae Elizabeth Patterson's Motion Pursuant to NRAP 29 for Leave to File Amicus Brief, and to File Such Amicus Brief Out Of Time. (DETACHED AMICUS BRIEF AND FILED SEPARATELY PER ORDER 8/9/17).17-25802
08/02/2017Notice/OutgoingIssued Notice of Deficient Service (Amicus Curiae Elizabeth Patterson's Motion for Leave to File Amicus Brief). Due date: 5 days.17-25806
08/03/2017Notice/IncomingFiled Amicus Curiae Elizabeth Patterson's Amended Certificate of Service for Motion Pursuant to NRAP 29 for Leave to File Amicus Brief, and to File Such Amicus Brief Out of Time17-25824
08/03/2017MotionFiled Amicus Curiae ACLUN's Motion for Leave to File Amicus Curiae Brief of American Civil Liberties Union of Nevada in Support of Appellant. (DETACHED AMICUS BRIEF AND FILED SEPARATELY PER ORDER 8/9/17).17-25827
08/09/2017Order/ProceduralFiled Order Granting Motion. The clerk shall detach the brief from the motion filed on August 3, 2017, and file it separately. The clerk shall detach the brief from the motion filed on August 2, 2017, and file it separately. Answering Brief due: 30 days.17-26522
08/09/2017BriefFiled Elizabeth Patterson's Amicus Brief.17-26525
08/09/2017BriefFiled Amicus Curiae Brief of American Civil Liberties Union of Nevada.17-26526
10/30/2017MotionFiled Motion Pursuant to NRAP 29 For Leave to File Amicus Brief from Clark County District Attorney/Family Support Division, and To File Such Amicus Brief Out of Time. (DETACHED AMICUS BRIEF AND RETURNED UNFILED PER ORDER 11/7/17).17-37135
11/07/2017Order/ProceduralFiled Order Granting Motion. The clerk shall file the appendix received on November 6, 2017. We are unable to file the amended amicus brief received on November 6, 2017. DAFS shall have 5 days from the date of this order to file a certificate that complies with NRAP 32(a)(9). fn1[Given the submission of an amended brief, the clerk shall detach the amicus brief from the motion filed on October 30, 2017, and return it unfiled.]17-38236
11/08/2017MotionFiled Appellant's Motion for Leave to File Reply Brief.17-38434
11/08/2017AppendixFiled Appendix to Amended Amicus Brief of Clark County District Attorney, Family Support Division. (FILED PER ORDER 11/7/17).17-38549
11/09/2017BriefFiled Amended Amicus Brief of Clark County District Attorney, Family Support Division.17-38588
11/13/2017Order/ProceduralFiled Order. DAFS has now filed an amended certificate of compliance along with another copy of the amicus brief. Accordingly, the clerk shall reject the amended amicus brief received on November 6, 2017. Appellant's Reply Brief due: 30 days.17-39030
12/14/2017MotionFiled Appellant's Motion for Extension of Time to File Reply Brief.17-43089
12/18/2017Order/ProceduralFiled Order Granting Motion. Reply Brief due: January 16, 2018.17-43698
01/19/2018MotionFiled Appellant's Motion for Extension of Time to File Reply Brief.18-02718
02/01/2018Order/ProceduralFiled Order Granting Motion. Reply Brief due: February 20, 2018.18-04370
02/22/2018MotionFiled Appellant's Motion for Further Judicial Notice.18-06866
02/22/2018BriefFiled Appellant's Reply Brief.18-06867
02/22/2018AppendixFiled Appellant's Supplemental Appendix.18-06868
02/22/2018MotionFiled Appellant's Motion to File Appendix Volume Under Seal.18-06869
02/22/2018Case Status UpdateBriefing Completed/To Screening.
02/22/2018Notice/IncomingFiled Erratum to Appellant's Reply Brief.18-07012
04/05/2018Order/ProceduralFiled Order Granting Motions. Appellant's motion to take judicial notice of the documents included in pages 502-12 of appellant's appendix is granted to the following extent. We will permit the documents to be filed, but disregard any documents that are later determined to be inappropriate for consideration in this appeal. The clerk shall file volume 5, received on February 26, 2018, under seal.18-12932
04/05/2018AppendixFiled Appellant's Supplemental Appendix Volume 5 (SEALED).
08/02/2018MotionFiled Appellant's Motion for Oral Argument and En Banc Review in the First Instance.18-29677
09/21/2018Order/ProceduralFiled Order Submitting for Decision Without Oral Argument.18-37088
12/21/2018Order/DispositionalFiled Order Affirming in Part, Vacating in Part and Remanding. "ORDER the February 22, 2016, order AFFIRMED IN PART AND VACATED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." EN BANC (SC)18-909926
01/08/2019MotionFiled Appellant's Motion for Extension to File Petition for Rehearing. (SC)19-01154
01/14/2019Order/ProceduralFiled Order Granting Motion. Appellant shall have until February 7, 2019, to file and serve any petition for rehearing. If no petition for rehearing is filed by that date, the clerk shall issue the remittitur forthwith. (SC)19-01939
02/08/2019MotionFiled Appellant's Motion for Extension of Time to File Petition for Limited Rehearing. (SC)19-06031
02/13/2019Order/ProceduralFiled Order Granting Motion. Appellant's Petition for Rehearing due: March 11, 2019. (SC).19-06840
03/12/2019MotionFiled Appellant's Motion for Extension of Time to File Petition for Limited Rehearing. (SC)19-10776
03/18/2019Order/ProceduralFiled Order Granting Motion. Appellant's Petition for Rehearing due: March 27, 2019. (SC)19-11758
03/27/2019Post-Judgment PetitionFiled Appellant's Petition for Limited Rehearing. (SC)19-13654
03/27/2019Filing FeeFiling fee paid. E-Payment $150.00 from Daniel F. Polsenberg
04/05/2019Notice/IncomingFiled Amicus American Civil Liberties Union of Nevada Joinder in Support of Appellant's Motion for Rehearing. (SC)19-14970
05/10/2019Order/ProceduralFiled Order Denying in Part Petition for Rehearing and Inviting Participation by Amicus Curiae. We deny rehearing in part as to the issue regarding NRS 425.3844. We invite the Clark County District Attorney's Office, Family Support Division to file an amicus brief. If CCDA agrees, it shall have 28 days from the date of this order to file and serve an amicus brief that complies with NRAP 40(b). Appellant shall have 14 days from service of CCDA's answer to file and serve any reply. We defer ruling on appellant's request for oral argument. (SC)19-20559
05/24/2019BriefFiled By Request of the Court Order Dated 5/10/2019, this Additional Amicus Brief is Provided by the Clark County District Attorney, Family Support Division. (SC)19-22829
06/07/2019MotionFiled Appellant's Motion for Extension of Time to File Reply Brief on Rehearing. (SC)19-24917
06/17/2019Order/ProceduralFiled Order Granting Motion. Appellant's motion for an extension of time to file a reply in support of the petition for rehearing is granted. Appellant shall have until July 11, 2019, to file and serve any reply. (SC)19-26153
07/11/2019MotionFiled Appellant's Motion for Extension of Time to File Reply Brief on Rehearing. (SC)19-29642
07/25/2019Post-Judgment PetitionFiled Appellant's Reply Brief on Petition for Limited Rehearing. (SC)19-31595
07/25/2019MotionFiled Appellant's Motion for Refund of Filing Fee. (SC)19-31596
08/16/2019Order/ProceduralFiled Order Granting Motion. Theclerk of this court is directed to refund the $150 rehearing fee. (SC)19-34498
08/19/2019Order/ProceduralFiled Order Granting Motion. The motion for an extension of time to file the reply brief is granted. The reply brief on rehearing was filed on July 25, 2019. (SC).19-34735
09/20/2019Post-Judgment OrderFiled Order Denying Rehearing. "We deny the remaining issues in the petition for rehearing." (SC).19-39321
10/15/2019RemittiturIssued Remittitur. (SC).19-42547
10/15/2019Case Status UpdateRemittitur Issued/Case Closed. (SC).
11/01/2019RemittiturFiled Remittitur. Received by District Court Clerk on October 18, 2019. (SC)19-42547