Legal Question in Legal Ethics in Nevada
Judge's Responsiblity to Make a Timely Decision
I have heard there is a Writ which provides for a judge to make a timely decision. In this matter, it is relative to a divorce proceeding wherein the Decree of Divorce was finalized over a year ago and yet finances are being held by the court. Someone told me about a Writ of Mandemum (sp), however, I have not been able to find any information telling of such a writ. Do you know what this is and where I can find information on such a writ??
1 Answer from Attorneys
Re: Judge's Responsiblity to Make a Timely Decision
The first thing I would ask is if you had attorneys involved in the divorce proceeding. If so, you need to get your lawyer to give the Court a nudge to get the matter finalized. There may be other reasons (than the failure of the Judge to finish his job) of which you are not aware, and your counsel needs to finish his/her work in the case.
A Writ of Mandamus is a commandment of performance - in this instance, from a superior court to an inferior one. In Nevada, that means the Nevada Supreme Court would have to compel the District Court Judge in your case to take action on the matter. This is very extreme and unusual, and generally issues only in cases of abuses of judicial power. The writ is governed, primarily, by NRS 34.150-34.310, but we tend to do things much less formally in Northern Nevada.
If you are not represented in your divorce (i.e., no lawyers), a quick letter to the Judge of the department (in care of his administrative assistant) where the case was filed will often get the result you seek.
Best of luck!
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