Wilder (Darrin) Vs. Dist. Ct. (State)

Nevada Supreme Court

Wilder (Darrin) Vs. Dist. Ct. (State)

DecidedSeptember 10, 2019

Docket79068

StatusPublished

This text of Wilder (Darrin) Vs. Dist. Ct. (State) (Wilder (Darrin) Vs. Dist. Ct. (State)) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilder (Darrin) Vs. Dist. Ct. (State), (Neb. 2019).

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Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DARRIN RAFAEL WILDER, No. 79068 Petitioner, VS . THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLAM AND THE HONORABLE FILED DOUGLAS W. HERNDON, DISTRICT SEP 1 0 2019 JUDGE, ELQABETN A. BROWN Respondents, CLERK g tyPREME COURT and BY DEPUlYVIit RKV.41' THE STATE OF NEVADA, Real Party in Interest.

ORDER DISMISSING PETITION

This is an original petition for a writ of mandamus or, alternatively, prohibition. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge. Petitioner seeks to prevent the district court from compelling his attendance at a pretrial deposition. Real party in interest has filed a motion to dismiss this petition as moot because it has withdrawn the motion for a deposition and petitioner is no longer under an order to appear. "The duty of every judicial tribunal is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon moot questions or abstract propositions, or to declare principles of law which cannot affect the matter in issue before t." Univ. and Crnty. Coll. Sys. of Nev. v. Nevadans for Sound Gov't, 120 Nev. 712, 720, 100 P.3d 179, 186 (2004) (quoting NCAA v. Univ. of Nev., 97 Nev. 56, 57, 624 P.2d 10, 10 (1981). As a result, this court has long recognized that cases which present live controversies at their inception SUPREME Cow- may be rendered moot by subsequent events. Id. Petitioner does not oppose OF NEVADA

(0) 1947A 441010 iq -37s496 the motion to dismiss and thus does not dispute that the motion for a deposition has been withdrawn or that this petition has been rendered moot. Accordingly, it appears that this petition is moot and this court grants the motion to dismiss and ORDERS this petition DISMISSED.

Pickering

J. Parraguirre Cadish

cc: Hon. Douglas W. Herndon, District Judge Law Offices of Andrea L. Luem Christiansen Law Offices Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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IN THE SUPREME COURT OF THE STATE OF NEVADA

DARRIN RAFAEL WILDER, No. 79068 Petitioner, VS . THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLAM AND THE HONORABLE FILED DOUGLAS W. HERNDON, DISTRICT SEP 1 0 2019 JUDGE, ELQABETN A. BROWN Respondents, CLERK g tyPREME COURT and BY DEPUlYVIit RKV.41' THE STATE OF NEVADA, Real Party in Interest.

ORDER DISMISSING PETITION

This is an original petition for a writ of mandamus or, alternatively, prohibition. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge. Petitioner seeks to prevent the district court from compelling his attendance at a pretrial deposition. Real party in interest has filed a motion to dismiss this petition as moot because it has withdrawn the motion for a deposition and petitioner is no longer under an order to appear. "The duty of every judicial tribunal is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon moot questions or abstract propositions, or to declare principles of law which cannot affect the matter in issue before t." Univ. and Crnty. Coll. Sys. of Nev. v. Nevadans for Sound Gov't, 120 Nev. 712, 720, 100 P.3d 179, 186 (2004) (quoting NCAA v. Univ. of Nev., 97 Nev. 56, 57, 624 P.2d 10, 10 (1981). As a result, this court has long recognized that cases which present live controversies at their inception SUPREME Cow- may be rendered moot by subsequent events. Id. Petitioner does not oppose OF NEVADA

(0) 1947A 441010 iq -37s496 the motion to dismiss and thus does not dispute that the motion for a deposition has been withdrawn or that this petition has been rendered moot. Accordingly, it appears that this petition is moot and this court grants the motion to dismiss and ORDERS this petition DISMISSED.

Pickering

J. Parraguirre Cadish

cc: Hon. Douglas W. Herndon, District Judge Law Offices of Andrea L. Luem Christiansen Law Offices Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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Wilder (Darrin) Vs. Dist. Ct. (State), Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilder-darrin-vs-dist-ct-state-nev-2019.

Opinion

J. Parraguirre Cadish

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