"Soldo-Allesio v. Ferguson, 141 Nev. Adv. Op. 9 (Feb. 13, 2025)" by Zack Carlow
 

Authors

Zack Carlow

Document Type

Case Summary

Publication Date

2-13-2025

Case Synopsis

The Nevada Court of Appeals held that, when considering domestic violence as part of a best interest factors analysis in a custody determination, the appropriate evidentiary standard is the default preponderance-of-the-evidence standard of family law—not the clear-and-convincing-evidence standard that is used for the domestic violence rebuttable presumption which may lead to the denial of a parent’s custody. Additionally, the Court held that district courts must provide a legal basis for appellate review when excluding trial court exhibits for timeliness, because such exclusions constitute sanctions that must meet the legal standards found in rules like NRCP 16.205(g) and NRCP 37(c).

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