You Still Have to Follow the Rules

November 1, 2018, The Writ, “Appellate Briefs”

How does a plaintiff go from winning $6,000,000 after trial to having the entire case dismissed eight years later after an appeal?  One way, as illustrated by the Nevada Supreme Court in Rodriguez v. Fiesta Palms, LLC, 134 Nev. Adv. Op. 78 (Oct. 4, 2018), is to have counsel of record withdraw, leaving the plaintiff to proceed pro se.  Rodriguez stands for the principle in the NRCP 60(b) context that while “district courts should assist pro se litigants as much as reasonably possible,” there are limits and “a pro se litigant cannot use his alleged ignorance as a shield to protect him from the consequences of failing to comply with basic procedural requirements.”  To read entire article click here.

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