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Case 2:12-cv-00578-RCJ -PAL Document 87

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JON W. DAVIDSON (pro hac vice) TARA L. BORELLI (pro hac vice) PETER C. RENN (pro hac vice) SHELBI DAY (pro hac vice) LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC. 3325 Wilshire Boulevard, Suite 1300 Los Angeles, California 90010 jdavidson@lambdalegal.org, tborelli@lambdalegal.org prenn@lambdalegal.org, sday@lambdalegal.org Tel: 213.382.7600 | Fax: 213.351.6050 CARLA CHRISTOFFERSON (pro hac vice) DAWN SESTITO (pro hac vice) MELANIE CRISTOL (pro hac vice) RAHI AZIZI (pro hac vice) OMELVENY & MYERS LLP 400 South Hope Street Los Angeles, California 90071 cchristofferson@omm.com, dsestito@omm.com mcristol@omm.com, razizi@omm.com Tel: 213.430.6000 | Fax: 213.430.6407 KELLY H. DOVE (Nevada Bar No. 10569) MAREK P. BUTE (Nevada Bar No. 09989) SNELL & WILMER LLP 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 kdove@swlaw.com, mbute@swlaw.com Tel: 702.784.5200 | Fax: 702.784.5252 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF NEVADA BEVERLY SEVCIK, et al., Plaintiffs, v. BRIAN SANDOVAL, et al., Defendants, and COALITION FOR THE PROTECTION OF MARRIAGE, Defendant-Intervenor. No. 2:12-CV-00578-RCJ-PAL PLAINTIFFS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT

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Plaintiffs Beverly Sevcik and Mary Baranovich; Antioco Carrillo and Theodore Small; Karen Goody and Karen Vibe; Fletcher Whitwell and Greg Flamer; Mikyla Miller and Katrina Miller; Adele Terranova and Tara Newberry; Caren Cafferata-Jenkins and Farrell CafferataJenkins; and Megan Lanz and Sara Geiger (Plaintiffs), by and through their counsel, respectfully request that the Court take judicial notice, pursuant to Rule 201 of the Federal Rules of Evidence, of the following items: (1) Copies of web pages from the website for Defendant Carson City Clerk-Recorder Alan Glover (attached as Exhibit A), retrieved from: a. http://www.carson.org/Index.aspx?page=88; b. http://www.carson.org/Index.aspx?page=87; c. http://www.carson.org/Index.aspx?page=2179; and d. http://www.carson.org/Index.aspx?page=102. (2) A copy of a web page from the website for Defendant Clark County Clerk Diana Alba, retrieved from http://www.clarkcountynv.gov/depts/clerk/Pages/default.aspx (attached as Exhibit B). (3) A copy of excerpted material from the Nevada Secretary of State regarding the results of the 2000 vote on Question 2, retrieved from http://leg.state.nv.us/Division/Research/VoteNV/BallotQuestions/2000.pdf (attached as Exhibit C). (4) A copy of excerpted material from the Nevada Secretary of State regarding the results of the 2002 vote on Question 2, retrieved from http://leg.state.nv.us/Division/Research/VoteNV/BallotQuestions/2002.pdf (attached as Exhibit D). (5) A copy of an excerpt from the Social Security Administrations (SSAs) Program Operations Manual entitled PR 02707.031 Nevada, which was retrieved from the SSAs Program Operations Manual System at https://secure.ssa.gov/poms.nsf/lnx/1502707031 (attached as Exhibit E). (6) A copy of a web page entitled Name Changes from the website for the State of -1-

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Nevada, Department of Motor Vehicles, retrieved from http://www.dmvnv.com/namechange.htm (attached as Exhibit F). Federal Rule of Evidence 201(b) provides that a court may judicially notice a fact that is not subject to reasonable dispute because it: (1) is generally known within the trial courts territorial jurisdiction; or (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. As described below, the attached exhibits all are proper subjects for judicial notice as easily verifiable public records, and as self-authenticating sources pursuant to the Federal Rules of Evidence. Exhibits A, B, E, and F are self-authenticating copies of web pages from official government websites. Exhibits A, B, E, and F consist of print-outs of web pages from the official government websites for Defendants Carson City Clerk-Recorder Alan Glover, Clark County Clerk Diana Alba, the federal Social Security Administration, and Nevadas Department of Motor Vehicles, respectively. As this Court has recognized, [i]n this new technological age, official government or company documents may be judicially noticed insofar as they are available via the worldwide web. In re AgriBioTech Sec. Litig., Case No. CV-S-990144 PMP (LRL), 2000 U.S. Dist. LEXIS 5643, *4-5 (D. Nev. March 2, 2000); see also Simon v. Bank of Am., N.A., Case No. 10-cv-00300-GMN-LRL, 2010 U.S. Dist. LEXIS 63480, *15 n.1 (D. Nev. June 23, 2010) (The Court takes judicial notice of this information provided on the government website.); DanielsHall v. Natl Educ. Assn, 629 F.3d 992, 998-99 (9th Cir. 2010) (finding it appropriate to take judicial notice of information posted on school district websites as it was made publicly available by government entities and there was no dispute about its authenticity). Additionally, all of these sources also are appropriate subjects for judicial notice because they are selfauthenticating pursuant to Federal Rule of Civil Procedure 902(5) (defining as self-authenticating [a] book, pamphlet, or other publication purporting to be issued by a public authority.).1 Exhibits C and D are ballot materials issued by the Nevada Secretary of State, and thus are self-authenticating public records. Exhibits C and D are properly subject to judicial notice as official publications of the Nevada Secretary of State that have been archived online by the Exhibits A and B also are admissible evidence for an independent reason: they each qualify as party admissions pursuant to Federal Rule of Evidence 801(d)(2). -21

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Research Division of the Nevada Legislative Counsel Bureau (Research Division). See http://leg.state.nv.us/Division/Research/VoteNV/BallotQuestions/index.cfm (webpage of the Research Division archiving Nevada ballot questions since 1942). First, Exhibits C and D should be judicially noticed for all the reasons above, since they also constitute information issued by a government agency through its official website. See also Klein v. Freedom Strategic Partners, LLC, 595 F. Supp. 2d 1152, 1157 (D. Nev. 2009) (Here, the documents presented by Plaintiffs are capable of accurate and ready determination from the Nevada Secretary of State. Thus, the Court will consider the documents contents and their filings.); Chamness v. Bowen, Case No. CV 11-01479 ODW (FFMx), 2011 U.S. Dist. LEXIS 94876, *10 n.4 (C.D. Cal. Aug. 23, 2011) (taking judicial notice of sample ballots, official voter guides, and official candidate lists because a court may presume that public records are authentic and trustworthy[]), quoting Gilbrook v.City of Westminster, 177 F.3d 839, 858 (9th Cir. 1999). Additionally, Exhibits C and D just as the Exhibits discussed above are selfauthenticating pursuant to Federal Rule of Civil Procedure 902(5) as publication[s] purporting to be issued by a public authority. For the forgoing reasons, Plaintiffs respectfully request that this Court take judicial notice of each of the documents described above and attached as exhibits hereto. DATED: September 10, 2012. Respectfully submitted, /s/ Tara L. Borelli TARA L. BORELLI (pro hac vice) JON W. DAVIDSON (pro hac vice) PETER C. RENN (pro hac vice) SHELBI DAY (pro hac vice) LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC. CARLA CHRISTOFFERSON (pro hac vice) DAWN SESTITO (pro hac vice) MELANIE CRISTOL (pro hac vice) RAHI AZIZI (pro hac vice) OMELVENY & MYERS LLP KELLY H. DOVE (Nevada Bar No. 10569) MAREK P. BUTE (Nevada Bar No. 09989) SNELL & WILMER LLP

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CERTIFICATE OF SERVICE I hereby certify that I have electronically filed the foregoing with the Clerk of the Court for the United States District Court, District of Nevada by using the CM/ECF system on September 10, 2012. All participants in the case are registered CM/ECF users, and will be served by the CM/ECF system.

By: /s/ Sklar Toy Sklar Toy 3325 Wilshire Boulevard, Suite 1300 Los Angeles, CA 90010

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Exhibit A

Carson City : The Clerk-Recorder

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Alternative Sentencing Animal Services Assessor Board of Supervisors Business Development - The BRIC City Manager's Office Clerk-Recorder About Us The Clerk-Recorder Elections Department Marriage Bureau Public Guardian Recording Secretary Recorder Contact Us Genealogy Cooperative Extension Courts Court Fines & Fees Office Development Services - Perm Center District Attorney Finance Fire Department Health and Human Services Human Resources Juvenile Detention-Probation Library Parks and Recreation Public Works Senior Center Sheriff's Office Treasurer Bid Opportunities

City Government Clerk-Recorder

Alan Glover

Printer Friendly Alan Glover, Carson City Clerk-Recorder, is a native of Carson City, attended Carson City schools, and is a graduate of the University of Nevada in Reno. While a senior at the University he was elected to the Nevada State Assembly where he served five terms before being elected to the State Senate. In 1985 Mr. Glover resigned from the Senate and was appointed as the Carson City Recorder. In 1987 the office of Recorder was combined with that of Clerk and Mr. Glover served in that position until 1991 when he went back to private business. In 1994 he was elected Carson City Clerk-Recorder and has served in that capacity since.

Mr. Glover is a past president of the County Fiscal Officers Association and the Nevada Association of County Clerks and County Election Officials. Mr. Glover is the Ex-Officio Clerk of: the First Judicial District, Board of Supervisors, Board of Equalization and General Obligation Bond Commission, and is Ex-Officio Public Administrator. Mr. Glover also oversees the operations of the Recorders Office, Marriage Bureau, Elections, and Records Management.

Last updated date: 10/20/2006 8:42:31 AM

http://www.carson.org/Index.aspx?page=88[9/8/2012 4:52:05 PM]

Carson City : The Clerk-Recorder

Case 2:12-cv-00578-RCJ -PAL Document 87

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2003-2012 Carson City, Nevada All Rights Reserved. City Hall: 201 North Carson Street, Carson City, NV 89701 Email Us Copyright and Privacy Policy ADA Information Website Designed and Developed by Vision Internet

http://www.carson.org/Index.aspx?page=88[9/8/2012 4:52:05 PM]

Carson City : About Us

Case 2:12-cv-00578-RCJ -PAL Document 87

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City Government Clerk-Recorder

About Us

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The Carson City Clerk-Recorder's mission is multi-faceted. The Clerk is responsible for the creation and maintenance of accurate, accessible, and permanent records of the meeting to the Board of Supervisors and other boards and committees, either authorized by law or created by the Board of Supervisors. This issuance of marriage licenses is a traditional function of the Clerk's Office. The Recorder's Office is responsible for recording documents, providing access to those documents, and collecting real property transfer tax. Records Management is responsible for developing and implementing the records program for Carson City. The Election Department is responsible for the administration of all elections and registration of eligible electors within Carson City. Last updated date: 5/26/2006 1:41:47 PM

http://www.carson.org/Index.aspx?page=87[9/8/2012 4:53:44 PM]

Carson City : About Us

Case 2:12-cv-00578-RCJ -PAL Document 87

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2003-2012 Carson City, Nevada All Rights Reserved. City Hall: 201 North Carson Street, Carson City, NV 89701 Email Us Copyright and Privacy Policy ADA Information Website Designed and Developed by Vision Internet

http://www.carson.org/Index.aspx?page=87[9/8/2012 4:53:44 PM]

Carson City : Minister Licensing and Applications

Case 2:12-cv-00578-RCJ -PAL Document 87

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City Government Clerk-Recorder Marriage Bureau

Minister Licensing and Applications

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APPLICATIONS FOR CERTIFICATES OF AUTHORITY TO SOLEMNIZE MARRIAGES Chapter 122 of the Nevada Revised Statutes (NRS) governs the issuance of Certificates of Authority to Perform Marriages. According to Chapter 122: 1. You must be a licensed, ordained, or appointed minister or other person authorized to solemnize a marriage in good standing within your church or religious organization; 2. Your church or religious organization must be incorporated, organized or established in this state (except for out-of-state ministers); 3. Your ministry must be one of service to a church or religious organization. To review Chapter 122, click on NRS which governs marriage and authority to perform marriages. NOTE: NRS 122.064, Subsection 3(c), mandates that"...the county clerk shall, before approving an initial application, satisfy himself that the applicant had not been convicted of a felony, released from confinement or completed his parole or probation, whichever occurs later, within 10 years before the date of the application." OBTAINING CERTIFICATION TO PERFORM A MARRIAGE To obtain a Certificate of Authority to Perform a Marriage in the State of Nevada, please select the link for the appropriate application. Permanent Status (PDF) - Resident of Carson City wishing to conduct wedding ceremonies on a continuous basis. Temporary Status (PDF) - Out-of-State applicant for a one-time event. CHURCH / RELIGIOUS ORGANIZATION FORMS - to be filled out on behalf of applicant seeking to perform marriages within the State of Nevada. Affidavit of Revocation of Authority to Solemnize Marriages (PDF) If you have any questions, please call our office at 775-887-2084.

http://www.carson.org/Index.aspx?page=2179[9/8/2012 5:03:22 PM]

Carson City : Minister Licensing and Applications

Case 2:12-cv-00578-RCJ -PAL Document 87


Treasurer Bid Opportunities

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Last updated date: 6/8/2011 8:09:11 AM

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2003-2012 Carson City, Nevada All Rights Reserved. City Hall: 201 North Carson Street, Carson City, NV 89701 Email Us Copyright and Privacy Policy ADA Information Website Designed and Developed by Vision Internet

http://www.carson.org/Index.aspx?page=2179[9/8/2012 5:03:22 PM]

Carson City : Marriage Bureau

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City Government Clerk-Recorder

Marriage Bureau
Welcome to the Carson City Marriage Bureau

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To be legally married in the State of Nevada you must purchase a marriage license and have a marriage ceremony. The license fee in Carson City is $75.00. We accept cash or credit card. A transaction fee of $2.50 will be added to the credit card purchase. Both parties must appear together at the Courthouse to show identification and to sign the license and application. Before you come in, you may want to fill out the Marriage License Application . The marriage license/application is good for one-year after purchase. After the wedding ceremony, the marriage certificate needs to be mailed as soon as possible to the Carson City's Marriage Bureau. The document will be recorded and certified then mailed to you. This is included in the $75 fee. Instant Recordings of your marriage certificate are available 6 days a week at no extra charge. Some counties require your certified certificate (legal copy) to be requested separately at a later date. To obtain more information on "Getting Married" click here. Purchasing a copy of your marriage certificate If the license was purchased in Carson City, you may obtain a certified copy ($15) of a Recorded Marriage Certificate. Please allow 2 weeks for your copy(s) to arrive. All orders are returned via U.S. Postal Service. By Mail: Complete a request form (PDF) and mail to Carson City Marriages, 885 E. Musser Street, Suite 1025, Carson City, NV, 89701. (request form is optional) By Online Payment: Go to our online Marriage License Payment Form. By Telephone with Credit Card (VISA or MC only): Call 775-887-2084 during regular business

hours. A transaction fee of $2.50 will be added to the credit card order. To search for a marriage purchased and recorded in Carson City CLICK HERE. If you did not purchase your license in Carson City (previously known as Ormsby County), contact the County Recorder in the County where you purchased your marriage license. (List of County Recorders) For answers to the most common questions and directions to our office, please visit our Common Questions page. The Marriage Bureau is located on the first floor of the Carson City Courthouse, 885 East Musser Street, Suite 1025, Carson City, Nevada 89701. HOURS: Holidays. listed below. Always call the marriage office the day you plan on coming in. On weekends or holidays make sure the office is open! 8 AM to 5 PM - Monday thru Friday AND 9 AM to 4 PM - Saturday & selected We are closed on Thanksgiving Day, Christmas Day and various holidays

http://www.carson.org/Index.aspx?page=102[9/8/2012 5:04:33 PM]

Carson City : Marriage Bureau

Case 2:12-cv-00578-RCJ -PAL Document 87


Treasurer Bid Opportunities

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HOLIDAY HOURS
For additional information, please feel free to call (775)887-2084, 24 hour marriage information hotline (775)887-2085, fax (775)887-2146, or email marriages@carson.org. MARRIAGE RECORDS LOOKUP

Last updated date: 11/17/2011 11:15:28 AM

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2003-2012 Carson City, Nevada All Rights Reserved. City Hall: 201 North Carson Street, Carson City, NV 89701 Email Us Copyright and Privacy Policy ADA Information Website Designed and Developed by Vision Internet

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Exhibit B

Clerk Home Page

Case 2:12-cv-00578-RCJ -PAL Document 87


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Official Records Official documents, including board meeting minutes, voting records and county contracts are maintained by the County Clerk. Requests for copies of official records are submitted to the County Clerk rather than to members of the various boards. This is to assure that responses to such requests are timely, complete and accurate. The County Clerk responds equally and fairly to all parties needing access to county records. Marriage Licenses The Clark County Clerk is responsible for the issuance of all marriage licenses in the County. Clark County is home to Las Vegas, Nevada, the marriage capital of the world. In 2011, approximately 89,000 marriage licenses were issued by the Clark County Clerks Office, more than any other county. The marriage industry is a very large part of the Las Vegas tourist economy. It is the duty of the County Clerk to not only assure compliance with all laws and statutes when issuing marriage licenses, but to do everything possible to make getting married in Las Vegas a pleasant and happy experience for the many couples who come here each year. Minister Licensing - Certificates of Authority to Solemnize Marriages All ministers and other persons authorized to perform marriages must obtain a Certificate of Authority to Solemnize Marriages from the County Clerk. The performance of marriages is a serious responsibility. Getting married changes a couples vital records. In addition, it often affects their finances, including disbursement of retirement accounts, distribution of social security benefits and beneficiary designations on life insurance policies, to name just a few. It is the Clerks responsibility to ensure that individuals who solemnize marriages perform this duty responsibly, and process vital documents according to state law. Civil Marriage Ceremonies As the Commissioner of Civil Marriages, the Clark County Clerk operates the Office of the Commissioner of Civil Marriages where couples may have their marriage solemnized in a tranquil, private and dignified ceremony. The fee for these civil marriage ceremonies is set by Nevada law and Clerk employees may not receive any additional compensation for this service. Fictitious Firm Names Every person doing business in Nevada under an assumed or fictitious name, must file with the County Clerk a certificate containing the business name. (Commonly referred to as a DBA certificate.) Bonds and Oaths of Notary Publics Every person wishing to become a Notary Public must file his or her bond, together with the oath, with the County Clerk of the county in which the applicant resides. The County Clerk immediately certifies to the secretary of state that the required bond and oath have been filed and recorded. Applicants may also be sworn in by the County Clerk or one of her deputies. Passport Acceptance The Clark County Clerk operates as a Passport Acceptance Agency for the U. S. Department of State. Passport applications and renewals are processed by the Clerks Office from 8 a.m. to 4 p.m., Monday through Friday.

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http://www.clarkcountynv.gov/depts/clerk/Pages/default.aspx[9/8/2012 4:49:07 PM]

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Exhibit C

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Exhibit D

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Exhibit E

SSA - POMS: PR 02707.031 - Nevada - 10/20/2011

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Social Security Online


www.socialsecurity.gov

POMS Section: PR 02707.031


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Effective Dates: 10/20/2011 - Present TN 6 (01-10)

PR 02707.031 Nevada
A. PR 10-045 Nevada Domestic Partner Legislation Effective October 1, 2009
DATE: December 28, 2009

1. SYLLABUS
A Certificate of Registered Domestic Partnership, entered in the State of Nevada, is not proof of a legal name change.

2. OPINION
On October 1, 2009, the Nevada Secretary of State issued a Certificate of Registered Domestic Partnership to Kaylynn S. P~ and Jennifer R. C~. You asked whether this Certificate is valid. You also asked for information about the Nevada Domestic Partnership Act and how it might affect benefits under the Social Security Act. SHORT ANSWER The Certificate of Registered Domestic Partnership that you submitted appears to be a valid document reflecting a legally registered domestic partnership (not a legal marriage) between Kaylynn S. P~ and Jennifer R. C~. The Certificate does not appear to reflect a legal name change. The Nevada Domestic Partnership Act should have no effect on spouses benefits or deceased spouses benefits under the Social Security Act. However, a valid, registered domestic partnership may impact determinations about whether and upon whom children are dependant, and determinations about claimants assets. ANALYSIS The Nevada Domestic Partnership Act (NDP Act) took effect on October 1, 2009. The NDP Act added a new chapter (Ch. 393) to the provisions of the Nevada Revised Statutes (NRS) pertaining to domestic relations (Title 11). NDP Act, Tit. 11, ch. 393 (2009) (to be codified at Nev. Rev. Stat. 393.__), available at http://leg.state.nv.us/75th2009/Bills/SB/SB283_EN.pdf The NDP Act establishes the domestic partnership as a new type of civil contract recognized in the State of Nevada, giving registered domestic partners many of the same rights, protections, benefits, responsibilities, obligations and duties as do parties to any other civil contract created pursuant to title 11 of NRS. Id. The NDP Act does not require public or private employers in Nevada to provide health care benefits to the registered domestic partners of employees. Id. 8. It specifies that a domestic partnership is not a marriage under the Nevada Constitution. Id. 11. Under the Nevada Constitution, [o]nly a marriage between a male and female person shall be recognized and given effect. Nev. Const. Art. I, 21. Although a registered domestic partnership is not recognized as a marriage, the NDP Act does not limit the ability to register a domestic partnership to only same-sex couples. All persons sharing a common residence, who are at least 18 years old and not related by blood, who are competent to consent to the partnership, and who are neither married nor a member of another domestic partnership, are eligible to register for a domestic partnership in Nevada. NDP Act, 6.
https://secure.ssa.gov/poms.nsf/lnx/1502707031[9/8/2012 4:40:53 PM]

SSA - POMS: PR 02707.031 - Nevada - 10/20/2011

Case 2:12-cv-00578-RCJ -PAL Document 87 Filed 09/10/12 Page 30 of 34 In order to register, a couple who wishes to form a legal, domestic partnership must complete a form entitled Declaration of Domestic Partnership, in which they declare that they meet the eligibility requirements outlined above, and of their own free will, they have chosen to share one anothers lives in an intimate and committed relationship of mutual caring. Id. Both parties must sign the declaration before a Notary Public, pay a filing fee, and deliver it to the Nevada Secretary of State. Nev. Secy of State, Information on Domestic Partnership Filings, http://nvsos.gov (last visited December 28, 2009). If the couple satisfies the requirements, the Nevada Secretary of States Office issues a Certificate of Registered Domestic Partnership. Id. Registered domestic partners who submitted their paperwork in advance were able to obtain a Certificate of Registered Domestic Partnership on October 1, 2009, the date the law became effective. Id. Thus, the Certificate of Registered Domestic Partnership issued to Ms. P~ and Ms. C~ on October 1, 2009, appears to be valid. We now discuss the rights and obligations conferred by this certificate. First, if the parties wish to terminate their registered domestic partnership, they must comply with the procedures set forth in NRS, chapter 125, pertaining to the dissolution of marriage. Nev. Rev. Stat. Ann. 125.005-125.560 (West 2009). However, the parties may expedite the termination if they have been registered for less than 5 years and meet all of the following conditions: the partners have no minor children for which they have not executed a custody agreement; no female partner is pregnant; the partners have no jointly held property for which they have not executed a disposition agreement; both partners have waived their right to future support; and both partners have waived their right to terminate the partnership under NRS, chapter 125. Nev. Secy of State, Domestic Partnership - Frequently Asked Questions (FAQ), http://nvsos.gov (last visited December 28, 2009). For the purposes of Nevada law, the rights and responsibilities conferred by the NDP Act upon current domestic partners, former domestic partners, and the surviving partners of deceased domestic partners are the same as those granted and imposed upon spouses, former spouses, and surviving spouses. The NDP Act sets forth the following specific rights and obligations: The rights and obligations with respect to a child of either domestic partner shall be the same as those afforded and imposed upon spouses. The rights and obligations pertaining to community property; third-party debts; financial support following dissolution of the partnership; and other rights and duties as between the partners concerning ownership of property shall be the same as those afforded and imposed upon spouses, commencing on the date of the registration of the partnership. Domestic partners have the same right to nondiscriminatory treatment as that provided to spouses. Nevada public agencies shall not discriminate against any person or couple on the basis or ground that he or she is in a domestic partnership rather than a marriage. NDP Act, 7. The NDP Act also specifies that, to the extent that any provision of Nevada law adopts, refers to, or relies upon a provision of federal law that otherwise would cause domestic partners to be treated differently from spouses, the provision must be construed as recognizing a domestic partnership in the same manner as Nevada law. Id. The NDP Act contains no requirement that one or both domestic partners change his/her name when entering into a registered domestic partnership. Nev. Secy of State, FAQ. The Secretary of States guidance instructs that, if one or both registered domestic partners subsequently pursue a legal name change, they may obtain a new Certificate of Registered Domestic Partnership depicting the legally-changed name(s) by filing a name change amendment and submitting a copy of the legal proof of name change (e.g., court order). Id.; see also Domestic Partnership Certificate Reorder and Amendment Form, available at http://nvsos.gov. The Secretary of State recognizes that it is not within the Offices jurisdiction to determine or require federal agencies to process a name change based on the Domestic Partnership certificate. Id. Because the NDP Act has been in effect for almost three months, we could find no cases discussing its various provisions. We anticipate that these provisions will eventually be tested in Nevada courts. Therefore, any specific questions pertaining to child relationships or assets, where a Nevada registered domestic partnership is implicated, should be referred for a legal opinion.
To Link to this section - Use this URL: http://policy.ssa.gov/poms.nsf/lnx/1502707031
PR 02707.031 - Nevada - 10/20/2011 Batch run: 10/20/2011

https://secure.ssa.gov/poms.nsf/lnx/1502707031[9/8/2012 4:40:53 PM]

SSA - POMS: PR 02707.031 - Nevada - 10/20/2011

Case 2:12-cv-00578-RCJ -PAL Document 87

Filed 09/10/12 Page 31 of 34


Rev:10/20/2011

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Case 2:12-cv-00578-RCJ -PAL Document 87

Filed 09/10/12 Page 32 of 34

Exhibit F

Nevada DMV Name Changes

Case 2:12-cv-00578-RCJ -PAL Document 87

Filed 09/10/12 Page 33 of 34

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If you are legally changing your name because of marriage, divorce or a court-approved legal name change, you must change your name with the Social Security Administration first. See Changing your name on your Social Security card. You must visit a Social Security office in person. The DMV electronically verifies your name, birth date and social security number with the SSA. You may wish to wait for two or more business days for Social Security to update your records. You must have your current license or ID and the original legal documents which authorize the change. For marriage, this must be the certified Marriage Certificate which is recorded with the County Recorder. The Marriage License issued before the ceremony is not acceptable. Divorce decrees or other court documents must be originals or certified copies. You must visit a DMV Office to have a new driver license or ID card issued. This cannot be done online or through the mail. The DMV will punch a hole in your existing license or ID and return it to you with an interim document. Your new license or ID will be mailed to you.

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Vehicle Registration & Title


Registration
If you are changing your name, you must have the legal document which authorizes the change (Marriage Certificate, divorce decree, etc.). Divorce decrees should include language which awards the vehicle to the new owner by Vehicle Identification Number. You do not have to change the title for a name change only, but we suggest you do so if possible. We will match the full legal name on your driver license. You must get a new Nevada Evidence of Insurance card with the name(s) exactly as they will be listed on the license and registration. Bring the name change document, proof of insurance card and current registration slip to a DMV office. An emissions inspection and registration renewal are not required as long as one of the current owners remains on the new registration. You have the option of renewing your vehicle registration for a full year. You will need to complete an emissions inspection if required and if the last test was completed more than 90 days ago. Your expiration date will change if the current expiration date is more than 35 days away. Credit will be given for the unused portion of your current Nevada registration.

Vehicle Title
If you are adding or dropping vehicle owners, you must change the vehicle title as well as the registration. We suggest changing it even if the owner(s) remain the same. If you have the title, bring it with you. If the title says 'person 1' AND 'person 2', both parties must sign it. If the title says 'person 1' OR 'person 2', either party can sign without the other. If you have a loan or lease on the vehicle, you must ask the lienholder to approve the change. The lienholder may ask you to sign either the title or a power of attorney. The lienholder may wish to refinance any loan if you are adding or dropping vehicle owners. The lienholder will have to apply for the new title and issue you a letter, including the Vehicle Identification Number, stating they will do so. You may also satisfy the lien and bring the signed-off title to the DMV. Lienholders who are not familiar with Nevada procedures should call Title Research at 775-684-4810 for exact instructions. See the Registration and Title Guide (PDF - 216 pages - 10 mb). DMV Title Research 555 Wright Way Carson City, NV 89711 (775) 684-4810 in Reno/Carson City (702) 486-4368 in Las Vegas

http://www.dmvnv.com/namechange.htm[9/8/2012 4:39:24 PM]

Nevada DMV Name Changes

Case 2:12-cv-00578-RCJ -PAL Document 87


1-877-368-7828 in rural Nevada/out of state

Filed 09/10/12 Page 34 of 34

Family Trust
To transfer vehicles into a Family Trust, you must ask any lienholder to approve the change. The lienholder may ask you to sign either the title or a power of attorney, and may wish to refinance any loan. The lienholder will have to apply for the new title and issue you a letter, including the Vehicle Identification Number, stating they will do so. You may also satisfy the lien and bring the signed-off title to the DMV. You must add the name of the insured trustee to the registration and title or request that your insurance company report the vehicle in the name of the trust. The name of the insured on the Nevada Evidence of Insurance card must match either a name of a trustee or the trust as the vehicle will be registered. This is necessary to comply with Nevada LIVE Insurance Validation. Please note the name of the trust can be a maximum of 34 characters. Bring the following items to a DMV FullService Office: Vehicle Title or lienholder letter Current registration Nevada Evidence of Insurance Card A completed Trustee Appointment and Powers Affidavit (VP-188) An emissions inspection and registration renewal are not required. You have the option of renewing your vehicle registration for a full year. You will need to complete an emissions inspection if required and if the last test was completed more than 90 days ago. Your expiration date will change if the current expiration date is more than 35 days away. Credit will be given for the unused portion of your current Nevada registration. If you have a Governmental Services Tax Exemption for Veterans, Disabled Veterans, Surviving Spouses or the Blind, you may apply this to a vehicle registered to a trust by completing the Trust Affidavit for Exemptions (VP242). This must be filed at the registration renewal each year.

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Las Vegas Area: (702) 486-4368 (486-4DMV) Reno/Sparks/Carson City: (775) 684-4368 (684-4DMV) Rural Nevada: (877) 368-7828 Toll Free TDD (Hearing Impaired Only): (775) 684-4904

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