Under Nevada Rule of Civil Procedure 41(e), the court is obliged to dismiss any suit that is not brought to trial within five years. The Rule states:
(e) Want of Prosecution. The court may in its discretion dismiss any action for want of prosecution on motion of any party or on the court's own motion and after due notice to the parties, whenever plaintiff has failed for 2 years after action is filed to bring such action to trial. Any action heretofore or hereafter commenced shall be dismissed by the court in which the same shall have been commenced or to which it may be transferred on motion of any party, or on the court's own motion, after due notice to the parties, unless such action is brought to trial within 5 years after the plaintiff has filed the action, except where the parties have stipulated in writing that the time may be extended. When, in any action after judgment, a motion for a new trial has been made and a new trial granted, such action shall be dismissed on motion of any party after due notice to the parties, or by the court of its own motion, if no appeal has been taken, unless such action is brought to trial within 3 years after the entry of the order granting a new trial, except when the parties have stipulated in writing that the time may be extended. When in an action after judgment, an appeal has been taken and judgment reversed with cause remanded for a new trial (or when an appeal has been taken from an order granting a new trial and such order is affirmed on appeal), the action must be dismissed by the trial court on motion of any party after due notice to the parties, or of its own motion, unless brought to trial within 3 years from the date upon which remittitur is filed by the clerk of the trial court. A dismissal under this subdivision (e) is a bar to another action upon the same claim for relief against the same defendants unless the court otherwise provides. (emphasis added)
In interpreting the Five-Year Rule, the Nevada Supreme Court has said on numerous of occasions that Rule 41(e) requires dismissal after five years. Harvey's Wagon Wheel, Inc. v. Van Blitter, 959 F.2d 153, at 156 (9th Cir. 1992), Morgan v. Las Vegas Sands, Inc., 118 Nev. 315, at 320, 43 P.3d 1036 (2002), Erickson v. One Thirty-Three, Inc., 104 Nev. 755, at 758, 766 P.2d 898 (1988), C.R. Fedrick, Inc. v. Nevada Tax Comm'n, 98 Nev. 387, at 389, 649 P.2d 1372 (1982), Ad-Art, Inc. v. Denison, 94 Nev. 73, at 74, 574 P.2d 1016 (1978), Johnson v. Harber, 94 Nev. 524, at 526, 582 P.2d 800 (1978), Plankinton v. Fifth Judicial Dist. Court, 93 Nev. 643, at 645, 572 P.2d 525 (1977), Bank of Nevada v. Friedman, 86 Nev. 747, at 749, 476 P.2d 172 (1970), Great W. Land & Cattle Corp. v. Sixth Judicial Dist. Court, 86 Nev. 282, at 285, 467 P.2d 1019 (1970), Volpert v. Papagna, 85 Nev. 437, at 440, 456 P.2d 848 (1969), Lindauer v. Allen, 85 Nev. 430, at 435, 456 P.2d 851 (1969), Faye v. Hotel Riviera, Inc., 81 Nev. 350, at 352, 403 P.2d 201 (1965), Smith v. Garside, 81 Nev. 312, at 314, 402 P.2d 246 (1965), Thran v. First Judicial Dist. Court, 79 Nev. 176, 380 P.2d 297 (1963), cited, Dubin v. Harrell, 79 Nev. 467, at 470, 386 P.2d 729 (1963).
