Archive for: February, 2017

Nevada Arbitration Rules

Rule 1.  The court annexed arbitration program
Rule 2.  Intent of program and application of rules
Rule 3.  Matters subject to arbitration
Rule 4.  Relationship to district court jurisdiction and rules
Rule 5.  Exemptions from arbitration
(more…)

Nevada Rules of Civil Procedure

RULE 85.  TITLE

      These rules may be known and cited as the Nevada Rules of Civil Procedure, or abbreviated N.R.C.P.

Nevada Rules of Civil Procedure

RULE 33.  INTERROGATORIES TO PARTIES

      (a) Availability.  Without leave of court or written stipulation, any party may serve upon any other party written interrogatories, not exceeding 40 in number including all discrete subparts, to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Leave to serve additional interrogatories shall be granted to the extent consistent with the principles of Rule 26(b)(2). Without leave of court or written stipulation, interrogatories may not be served before the time specified in Rule 26(a).

      [As amended; effective January 1, 2005.]

      (b) Answers and Objections.

              (1) Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the objecting party shall state the reasons for objection and shall answer to the extent the interrogatory is not objectionable. The answers shall first set forth each interrogatory asked, followed by the answer or response of the party.

              (2) The answers are to be signed by the person making them, and the objections signed by the attorney making them.

             (3) The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories. A short or longer time may be directed by the court or in the absence of such an order, agreed to in writing by the parties subject to Rule 29.

              (4) All grounds for an objection to an interrogatory shall be stated with specificity. Any ground not stated in a timely objection is waived unless the party’s failure to object is excused by the court for good cause shown.

              (5) The party submitting the interrogatories may move for an order under Rule 37(a) with respect to any objection to or other failure to answer an interrogatory.

      [As amended; effective January 1, 2005.]

      (c) Scope; Use at Trial.  Interrogatories may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the extent permitted by the rules of evidence.

       An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time.

      [As amended; effective January 1, 2005.]

      (d) Option to Produce Business Records.  Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, including a compilation, abstract or summary thereof, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

(January 2017)

I.     SCOPE OF RULES—ONE FORM OF ACTION

NRCP 1 – SCOPE OF RULES
NRCP 2 – ONE FORM OF ACTION

II.     COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS (more…)

Nevada Rules of Civil Procedure

Form 33.  Consent to Service by Electronic Means Under Rule 5

       The undersigned party hereby consents to service of documents under Rule 5(a) by electronic means as designated below in accordance with Rule 5(b)(2)(D).

 Party name(s):

______________________________________________________________

______________________________________________________________

 Documents served by electronic means must be transmitted to the following person(s):

______________________________________________________________

______________________________________________________________

 Facsimile transmission to the following facsimile number(s):

______________________________________________________________

______________________________________________________________

 Electronic mail to the following e-mail address(es):

______________________________________________________________

______________________________________________________________

 Attachments to e-mail must be in the following format(s):

______________________________________________________________

______________________________________________________________

       The undersigned party also acknowledges that this consent does not require service by the specified means unless the serving party elects to serve by that means.

      Dated this __________ day of _______________, 20_____.

                                                                     Signed:  ______________________________,

                                                                                     Attorney for Consenting Party

                                                                    Address: ____________________________

                                                                   Telephone: ____________________________

                                                                   Fax number: ____________________________

                                                                   E-mail address: ____________________________

       [Added; effective January 1, 2005.]

Nevada Rules of Civil Procedure

Form 32.  Judgment on Decision by the Court

(Title of Court)

                                                                                Civil Action, File Number __________

A.B., Plaintiff                                 }

        v.                                               }        Judgment

C.D., Defendant                             }

      This action came on for [trial] [hearing] before the Court, Honorable John Marshall, District Judge, presiding, and the issues having been duly [tried] [heard] and a decision having been duly rendered,

      It Is Ordered and Adjudged

      [that the plaintiff A. B. recover of the defendant C. D. the sum of __________, with interest thereon at the rate of __________ per cent as provided by law, and his costs of action.]

      [that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C. D. recover of the plaintiff A. B. his costs of action.]

      Dated at __________, Nevada, this _____ day of __________, 20_____.

                                                                                  ______________________________

                                                                         District Judge

      [Added; effective March 16, 1964.]

Nevada Rules of Civil Procedure

Form 31.  Judgment on Jury Verdict

(Title of Court)

                                                                                Civil Action, File Number __________

A.B., Plaintiff                                 }

        v.                                               }        Judgment

C.D., Defendant                             }

      This action came on for trial before the Court and a jury, Honorable John Marshall, District Judge, presiding, and the issues having been duly tried and the jury having duly rendered its verdict,

      It Is Ordered and Adjudged

      [that the plaintiff A. B. recover of the defendant C. D. the sum of __________, with interest thereon at the rate of __________ per cent as provided by law, and his costs of action.]

      [that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C. D. recover of the plaintiff A. B. his costs of action.]

      Dated this __________ day of _______________, 20_____.

                                                                                  ______________________________

                                                                         District Judge

      [Added; effective April 15, 1964; Amended effective January 1, 2005.]

Nevada Rules of Civil Procedure

Form 30.  Suggestion of Death Upon the Record Under Rule 25(a)(1)

       A. B. [describe as a party, or as executor, administrator, or other representative or successor of C. D., the deceased party] suggests upon the record, pursuant to Rule 25(a)(1), the death of C. D. [describe as party] during the pendency of this action.

Nevada Rules of Civil Procedure

Form 26.  Allegation of Reason for Omitting Party

       When it is necessary, under Rule 19(c), for the pleader to set forth in his pleading the names of persons who ought to be made parties, but who are not so made, there should be an allegation such as the one set out below:

       John Doe named in this complaint is not made a party to this action [because he is not subject to the jurisdiction of this court].

Nevada Rules of Civil Procedure

Form 25.  Request for Admission Under Rule 36

       Plaintiff A. B. requests defendant C. D. within _____ days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial:

       1.  That each of the following documents, exhibited with this request, is genuine.

       (Here list the documents and describe each document.)

       2.  That each of the following statements is true.

       (Here list the statements.)

                                                                   Signed: _____________________________

                                                                         Attorney for Plaintiff

                                                                Address: _____________________________

Nevada Rules of Civil Procedure

 Form 24.  Request for Production of Documents, Etc., Under Rule 34

      Plaintiff A. B. requests defendant C. D. to respond within _______ days to the following requests:

       (1) That defendant produce and permit plaintiff to inspect and to copy each of the following documents:

       (Here list the documents either individually or by category and describe each of them.)

       (Here state the time, place, and manner of making the inspection and performance of any related acts.)

       (2) That defendant produce and permit plaintiff to inspect and to copy, test, or sample each of the following objects:

       (Here list the objects either individually or by category and describe each of them.)

       (Here state the time, place, and manner of making the inspection and performance of any related acts.)

       (3) That defendant permit plaintiff to enter (here describe property to be entered) and to inspect and to photograph, test or sample (here describe the portion of the real property and the objects to be inspected).

      (Here state the time, place, and manner of making the inspection and performance of any related acts.)

                                                                   Signed: _____________________________

                                                                         Attorney for Plaintiff

                                                                Address: _____________________________

      [As amended; effective September 27, 1971.]

Nevada Rules of Civil Procedure

Form 23.  Motion to Intervene as a Defendant Under Rule 24

(Title of Court)

                                                                                Civil Action, File Number __________

A. B., Plaintiff                                }

        v.                                               }        Motion to Intervene as a Defendant

C. D., Defendant                            }

E. F., Applicant for Intervention }

      E. F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in his proposed answer, of which a copy is hereto attached, on the ground that __________ and as such has a defense to plaintiff’s claim presenting both questions of law and of fact which are common to the main action.2

                                                             Signed: ________________________________

                                                                    Attorney for E. F., Applicant for Intervention

                                                          Address: ________________________________

_______________________

      2For other grounds of intervention, either of right or in the discretion of the court, see Rule 24(a) and (b).

 

Notice of Motion

(Contents the same as in Form 19)

(Title of Court)

                                                                                Civil Action, File Number __________

A. B., Plaintiff                                }

        v.                                               }        Intervener’s Answer

C. D., Defendant                            }

E. F., Intervener                             }

First Defense

      Intervener admits the allegations stated in paragraphs 1 and 4 of the complaint; denies the allegations in paragraph 3, and denies the allegations in paragraph 2 in so far as they assert the

Second Defense

      (Set forth defenses.)

                                                                   Signed: _____________________________

                                                                         Attorney for E. F., Intervention

                                                                Address: _____________________________

Nevada Rules of Civil Procedure

Form 22-B.  Motion to Bring in Third-Party Defendant

       Defendant moves for leave, as third-party plaintiff, to cause to be served upon E. F. a summons and third-party complaint, copies of which are hereto attached as Exhibit X.

                                                                   Signed: _____________________________

                                                                         Attorney for Defendant C. D.

                                                                Address: _____________________________

 Notice of Motion

       (Contents the same as in Form 19. The notice should be addressed to all parties to the action.)

Exhibit X

      (Contents the same as in Form 22-A.)

      [Added; effective March 16, 1964.]

Nevada Rules of Civil Procedure

Form 22-A.  Summons and Complaint Against Third-Party Defendant

(Title of Court)

                                                                                 Civil Action, File Number __________

 A. B., Plaintiff                                }

        v.                                               }

C. D., Defendant and                    }        Summons

Third-Party Plaintiff                      }

        v.                                               }

E. F., Third-Party Defendant       }

To the above-named Third-Party Defendant:

       You are hereby summoned and required to serve upon __________, plaintiff’s attorney whose address is __________, and upon __________, who is attorney for C. D., defendant and third-party plaintiff, and whose address is __________, an answer to the third-party complaint which is herewith served upon you within 20 days after the service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint. There is also served upon you herewith a copy of the complaint of the plaintiff which you may but are not required to answer.

                                                                                 ______________________________

                                                                      Clerk of Court

 [Seal of the District Court]

 Dated _______________

 (Title of Court)

                                                                                 Civil Action, File Number __________

 A. B., Plaintiff                                }

        v.                                               }

C. D., Defendant and                    }        Third-Party Complaint

Third-Party Plaintiff                      }

        v.                                               }

E. F., Third-Party Defendant       }

       1. Plaintiff A. B. has filed against defendant C. D. a complaint, a copy of which is hereto attached as “Exhibit A.”

       2. (Here state the grounds upon which C. D. is entitled to recover from E. F., all or part of what A. B. may recover from C. D. The statement should be framed as in an original complaint.)

       Wherefore C. D. demands judgment against third-party defendant E. F. for all sums1 that may be adjudged against defendant C. D. in favor of plaintiff A. B.

                                                                    Signed: _____________________________

                                                                         Attorney for C. D., Third-Party Plaintiff

                                                                 Address: _____________________________

      [Added; effective March 16, 1964.]

_______________________

      1Make appropriate change where C. D. is entitled to only partial recovery-over against E. F.

Nevada Rules of Civil Procedure

Form 21.  Answer to Complaint Set Forth in Form 8, With Counterclaim for Interpleader

Defense

      Defendant denies the allegations stated to the extent set forth in the counterclaim herein.

Counterclaim for Interpleader

      1. Defendant received the sum of ten thousand dollars as a deposit from E. F.

       2. Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received from E. F.

       3. E. F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit.

       Wherefore defendant demands:

       (1) That the court order E. F. to be made a party defendant to respond to the complaint and to this counterclaim.1

       (2) That the court order the plaintiff and E. F. to interplead their respective claims.

       (3) That the court adjudge whether the plaintiff or E. F. is entitled to the sum of money.

       (4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money.

       (5) That the court award to the defendant its costs and attorney’s fees.

_______________________

      1Rule 13(h) provides for the court ordering parties to a counterclaim, but who are not parties to the original action, to be brought in as defendants.

Nevada Rules of Civil Procedure

Form 20.  Answer Presenting Defenses Under Rule 12(b)

First Defense

      The complaint fails to state a claim against defendant upon which relief can be granted.

Second Defense

      If defendant is indebted to plaintiffs for the goods mentioned in the complaint, he is indebted to them jointly with G. H. G. H. is alive; is subject to the jurisdiction of this court; and has not been made a party.

Third Defense

      Defendant admits the allegation contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint.

Fourth Defense

      The right of action set forth in the complaint did not accrue within six years next before the commencement of this action.

Counterclaim

      (Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.)

Cross-Claim Against Defendant M. N.

      (Here set forth the claim constituting a cross-claim against defendant M. N. in the manner in which a claim is pleaded in a complaint.)

      NOTE—The above form contains examples of certain defenses provided for in Rule 12(b). The first defense challenges the legal sufficiency of the complaint. It is a substitute for a general demurrer or a motion to dismiss.

      The second defense embodies the old plea in abatement; the decision thereon, however, may well provide under Rules 19 and 21 for the citing in of the party rather than an abatement of the action.

      The third defense is an answer on the merits.

      The fourth defense is one of the affirmative defenses provided for in Rule 8(c).

      The answer also includes a counterclaim and a cross-claim.

Nevada Rules of Civil Procedure

Form 19.  Motion to Dismiss, Presenting Defense of Failure to State a Claim

       The defendant moves the court as follows:

       1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.

                                                                      Signed: _____________________________

                                                                                     Attorney for Defendant

                                                                   Address: _____________________________

                                                                  Telephone: _____________________________

Notice of Motion

  To: ____________________

         Attorney for Plaintiff

       Please take notice, that the undersigned will bring the above motion on for hearing before this Court at [specify name and location of court], on the September 26, 2017, at [time set for hearing] or as soon thereafter as counsel can be heard.

                                                                   Signed: _____________________________

                                                                                     Attorney for Defendant

                                                                  Address: _____________________________

                                                                  Telephone: _____________________________

      NOTE—The above motion and notice of motion may be combined and denominated Notice of Motion. See Rule 7(b). A motion to quash and not a motion to dismiss must be used to raise defenses (2)-(4), Rule 12(b), to avoid making a general appearance.

       [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

Form 18.  Complaint for Interpleader and Declaratory Relief

       1. On or about June 1, 1935, plaintiff issued to G. H. a policy of life insurance whereby plaintiff promised to pay to K. L. as beneficiary the sum of ten thousand dollars upon the death of G. H. The policy required the payment by G. H. of a stipulated premium on June 1, 1936, and annually thereafter as a condition precedent to its continuance in force.

       2. No part of the premiums due June 1, 1936, was ever paid and the policy ceased to have any force or effect on July 1, 1936.

       3. Thereafter, on September 1, 1936, G. H. and K. L. died as the result of a collision between a locomotive and the automobile in which G. H. and K. L. were riding.

       4. Defendant C. D. is the duly appointed and acting executor of the will of G. H.; defendant E. F. is the duly appointed and acting executor of the will of K. L.; defendant X. Y. claims to have been duly designated as beneficiary of said policy in place of K. L.

       5. Each of defendants, C. D., E. F., and X. Y. is claiming that the above-mentioned policy was in full force and effect at the time of the death of G. H.; each of them is claiming to be the only person entitled to receive payment of the amount of the policy and has made demand for payment thereof.

       6. By reason of these conflicting claims of the defendants, plaintiff is in great doubt as to which defendant is entitled to be paid the amount of the policy, if it was in force at the death of G. H.

       Wherefore plaintiff demands that the court adjudge:

       (1) That none of the defendants is entitled to recover from plaintiff the amount of said policy or any part thereof.

       (2) That each of the defendants be restrained from instituting any action against plaintiff for the recovery of the amount of said policy or any part thereof.

       (3) That, if the court shall determine that said policy was in force at the death of G. H., the defendants be required to interplead and settle between themselves their rights to the money due under said policy, and that plaintiff be discharged from all liability in the premises except to the person whom the court shall adjudge entitled to the amount of said policy.

       (4) That plaintiff recover its costs.

Nevada Rules of Civil Procedure

Form 14.  Complaint for Negligence Under Federal Employers’ Liability Act

      1. Allegation of jurisdiction.

      2. During all the times herein mentioned defendant owned and operated in interstate commerce a railroad which passed through a tunnel located at __________ and known as Tunnel No. __________.

      3. On or about June 1, 1936, defendant was repairing and enlarging the tunnel in order to protect interstate trains and passengers and freight from injury and in order to make the tunnel more conveniently usable for interstate commerce.

      4. In the course of thus repairing and enlarging the tunnel on said day defendant employed plaintiff as one of its workmen, and negligently put plaintiff to work in a portion of the tunnel which defendant had left unprotected and unsupported.

      5. By reason of defendant’s negligence in thus putting plaintiff to work in that portion of the tunnel, plaintiff was, while so working pursuant to defendant’s orders, struck and crushed by a rock, which fell from the unsupported portion of the tunnel, and was (here describe plaintiff’s injuries).

      6. Prior to these injuries, plaintiff was a strong, able-bodied man, capable of earning and actually earning __________ dollars per day. By these injuries he has been made incapable of any gainful activity, has suffered great physical and mental pain, and has incurred expense in the amount of __________ dollars for medicine, medical attendance, and hospitalization.

      Wherefore plaintiff demands judgment against defendant in the sum of __________ dollars and costs.

Nevada Rules of Civil Procedure

Form 13.  Complaint on Claim for Debt and to Set Aside Fraudulent Conveyance Under Rule 18(b)

A. B., Plaintiff                                }

        v.                                               }        Complaint

C. D. and E. F., Defendants         }

      1. Defendant C. D. on or about __________ executed and delivered to plaintiff a promissory note [in the following words and figures: (here set out the note verbatim)]; [a copy of which is hereto annexed as Exhibit A]; [whereby defendant C. D. promised to pay to plaintiff or order on __________ the sum of five thousand dollars with interest thereon at the rate of __________ percent per annum].

      2. Defendant C. D. owes to plaintiff the amount of said note and interest.

      3. Defendant C. D. on or about __________ conveyed all his property, real and personal [or specify and describe] to defendant E. F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above referred to.

      Wherefore plaintiff demands:

      (1) That plaintiff have judgment against defendant C. D. for ten thousand dollars and interest; (2) that the aforesaid conveyance to defendant E. F. be declared void and the judgment herein be declared a lien on said property; (3) that plaintiff have judgment against the defendants for costs.

Nevada Rules of Civil Procedure

Form 12.  Complaint for Specific Performance of Contract to Convey Land

       1. On or about December 1, 1936, plaintiff and defendant entered into an agreement in writing, a copy of which is hereto annexed as Exhibit A.

       2. In accord with the provisions of said agreement plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance.

       3. Plaintiff now offers to pay the purchase price.

       Wherefore plaintiff demands (1) that defendant be required specifically to perform said agreement, (2) damages in the sum of one thousand dollars, and (3) that if specific performance is not granted plaintiff have judgment against defendant in the sum of ten thousand dollars.

      NOTE—Here, as in Form 3, plaintiff may set forth the contract verbatim in the complaint or plead it, as indicated, by exhibit, or plead it according to its legal effect. Furthermore, plaintiff may seek legal or equitable relief or both.

Nevada Rules of Civil Procedure

Form 11.  Complaint for Conversion

       On or about December 1, 1936, defendant converted to his own use ten bonds of the _________ Company (here insert brief identification as by number and issue) of the value of ten thousand dollars, the property of plaintiff.

       Wherefore plaintiff demands judgment against defendant in the sum of ten thousand dollars, interest, and costs.

Nevada Rules of Civil Procedure

Form 10.  Complaint for Negligence Where Plaintiff Is Unable to Determine Definitely Whether the Person Responsible Is C. D. or E. F. or Whether Both Are Responsible and Where His Evidence May Justify a Finding of Wilfulness or of Recklessness or of Negligence

A. B., Plaintiff                                }

        v.                                               }        Complaint

C. D. and E. F., Defendants         }

      1. On June 1, 1936, in a public highway called Boylston Street in Boston, Massachusetts, defendant C. D. or defendant E. F., or both defendants C. D. and E. F. wilfully or recklessly or negligently drove or cause to be driven a motor vehicle against plaintiff who was then crossing said highway.

       2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars.

       Werefore plaintiff demands judgment against C. D. or against E. F. or against both in the sum of ten thousand dollars and costs.

Nevada Rules of Civil Procedure

Form 9.  Complaint for Negligence

       1.  On June 1, 1936, in a public highway called Boylston Street in Boston, Massachusetts, defendant negligently drove a motor vehicle against plaintiff who was then crossing said highway.

       2.  As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars.

       Wherefore plaintiff demands judgment against defendant in the sum of ten thousand dollars and costs.

       NOTE—Since contributory negligence is an affirmative defense, the complaint need contain no allegation of due care of plaintiff.

Nevada Rules of Civil Procedure

 Form 8.  Complaint for Money Had and Received

       Defendant owes plaintiff ten thousand dollars for money had and received from one G. H. on June 1, 1936, to be paid by the defendant to plaintiff.

       Wherefore (etc. as in Form 3).

Nevada Rules of Civil Procedure

Form 7.  Complaint for Money Paid by Mistake

       Defendant owes plaintiff ten thousand dollars for money paid by plaintiff to defendant by mistake on June 1, 1936, under the following circumstances: [here state the circumstances with particularity -see Rule 9(b)].

       Wherefore (etc. as in Form 3).

Nevada Rules of Civil Procedure

Form 6.  Complaint for Money Lent

       Defendant owes plaintiff ten thousand dollars for money lent by plaintiff to defendant on June 1, 1936.

       Wherefore (etc. as in Form 3).

Nevada Rules of Civil Procedure

Form 5.  Complaint for Goods Sold and Delivered

       Defendant owes plaintiff ten thousand dollars for goods sold and delivered by plaintiff to defendant between June 1, 1936 and December 1, 1936.

       Wherefore (etc. as in Form 3).

       NOTE—This form may be used where the action is for an agreed price or for the reasonable value of the goods.

Nevada Rules of Civil Procedure

Form 4.  Complaint on an Account

       Defendant owes plaintiff ten thousand dollars according to the account hereto annexed as Exhibit A.

       Wherefore (etc. as in Form 3).

Nevada Rules of Civil Procedure

Form 3.  Complaint on a Promissory Note

      1.  Defendant on or about June 1, 1935, executed and delivered to plaintiff a promissory note [in the following words and figures: (here set out the note verbatim)]; [a copy of which is hereto annexed as Exhibit A]; [whereby defendant promised to pay to plaintiff or order on June 1, 1936 the sum of ten thousand dollars with interest thereon at the rate of six percent per annum].

      2.  Defendant owes to plaintiff the amount of said note and interest.

      Wherefore plaintiff demands judgment against defendant for the sum of ten thousand dollars, interest, and costs.

                                                                     Signed:_____________________________

                                                                          Attorney for Plaintiff

                                                                   Address:_____________________________

                                                              Telephone:_____________________________

 

      NOTES TO FORM 3

      1.  The pleader may use the material in one of the three sets of brackets. His choice will depend upon whether he desires to plead the document verbatim, or by exhibit, or according to its legal effect.

       2.  Under the rules free joinder of claims is permitted. See Rules 8(e) and 18. Consequently the claims set forth in each and all of the following forms may be joined with this complaint or with each other. Ordinarily each claim should be stated in a separate division of the complaint, and the divisions should be designated as counts successively numbered. In particular the rules permit alternative and inconsistent pleading. See Form 10.

Nevada Rules of Civil Procedure

Form 1.  Summons

(Title of Court)

                                                                                Civil Action, File Number __________

A.B., Plaintiff                                 }

        v.                                               }        Summons

C.D., Defendant                             }

To the above-named Defendants:

      You are hereby summoned and required to serve upon _______________, plaintiff’s attorney, whose address is _______________, an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. (The State of Nevada, its political subdivisions, agencies, officers, employees, board members, commission members, and legislators, each has 45 days after service of this summons within which to file an answer to the complaint.) If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.1

                                                                                ______________________________

                                                                        Clerk of Court

[Seal of the District Court]

Dated: ______________

_______________________

      1 When service is by publication, add a brief statement of the object of the action, e.g., “This action is brought to recover a judgment dissolving the contract of marriage existing between you and the plaintiff.” See Rule 4(b).

      [As amended; effective April 24, 1998.]

Nevada Rules of Civil Procedure

RULE 84.  FORMS

      The forms contained in the Appendix of Forms are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate.

Nevada Rules of Civil Procedure

RULE 83.  RULES BY DISTRICT COURTS

      Each district court by action of a majority of the judges thereof may from time to time make and amend rules governing its practice not inconsistent with these rules. Copies of rules and amendments so made by any district court shall upon their promulgation be furnished to the Supreme Court, but shall not become effective until 60 days after approval by the Supreme Court and publication or as otherwise ordered by the Supreme Court. In all cases not provided for by rule, the district courts may regulate their practice in any manner not inconsistent with these rules.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 82.  JURISDICTION AND VENUE UNAFFECTED

      These rules shall not be construed to extend or limit the jurisdiction of the district courts or the venue of actions therein.

Nevada Rules of Civil Procedure

RULE 81.  APPLICABILITY IN GENERAL

      (a) To What Proceedings Applicable.  These rules do not govern procedure and practice in any special statutory proceeding insofar as they are inconsistent or in conflict with the procedure and practice provided by the applicable statute. Where the applicable statute provides for procedure under the former statutes governing civil actions, such procedure shall be in accordance with these rules. Appeals from a district court to the Supreme Court of Nevada, and applications for extraordinary writs in the Supreme Court are governed by the Nevada Rules of Appellate Procedure.

      [As amended; effective July 1, 1973.]

      (b) Reserved.

       (c) Removed Actions.  Whenever a cause shall have been removed from a state court to a United States court, and thereafter remanded, judgment by default shall not be entered therein until the expiration of 10 days after service of written notice upon defendants that the order remanding such cause has been filed. Within such time the defendants may move or plead as they might have done had such cause not been removed.

      [As amended; effective January 1, 2005.]

      (d) Reserved.

       (e) Reserved.

       (f) Reserved.

Nevada Rules of Civil Procedure

RULE 80.  STENOGRAPHIC REPORT OR TRANSCRIPT AS EVIDENCE

      (a) Reserved.

       (b) Reserved.

       (c) Stenographic Report or Transcript as Evidence.  Whenever the testimony of a witness at a trial or hearing which was stenographically reported is admissible in evidence at a later trial, it may be proved by the transcript thereof duly certified by the person who reported the testimony.

Nevada Rules of Civil Procedure

RULE 78.  MOTION DAY

      Unless local conditions make it impracticable, each district court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the judge at any time or place and on such notice, if any, as the judge considers reasonable may make orders for the advancement, conduct, and hearing of actions.

       To expedite its business, the court may make provision by rule or order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 77.  DISTRICT COURTS AND CLERKS

      (a) District Courts Always Open.  The district courts shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules.

       (b) Trials and Hearings; Orders in Chambers.  All trials upon the merits shall be conducted in open court and so far as convenient in a regular court room, except private trial may be had as provided by statute. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the district; but no hearing, other than one ex parte, shall be conducted outside the district without the consent of all parties affected thereby.

       (c) Clerk’s Office and Orders by Clerk.  The clerk’s office with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays, and nonjudicial days. All motions and applications in the clerk’s office for issuing mesne process, for issuing final process to enforce and execute judgments, for entering defaults or judgments by default, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but the clerk’s action may be suspended or altered or rescinded by the court upon cause shown.

      [As amended; effective January 1, 2005.]

      (d) Reserved.

Nevada Rules of Civil Procedure

RULE 71.  PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES

      When an order is made in favor of a person who is not a party to the action, that person may enforce obedience to the order by the same process as if the person were a party; and, when obedience to an order may be lawfully enforced against a person who is not a party, that person is liable to the same process for enforcing obedience to the order as if a party.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 70.  JUDGMENT FOR SPECIFIC ACTS; VESTING TITLE

      If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the State, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the clerk.

Nevada Rules of Civil Procedure

RULE 69.  EXECUTION

      (a) In General.  Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the practice and procedure of the State. In aid of the judgment or execution, the judgment creditor or a successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided in these rules.

      [As amended; effective January 1, 2005.]

      (b) Service of Notice of Entry Required Prior to Execution.  Prior to execution upon a judgment, service of written notice of entry of the judgment must be made in accordance with Rule 58(e).

      [Added; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 68.  OFFERS OF JUDGMENT

      (a) The Offer.  At any time more than 10 days before trial, any party may serve an offer in writing to allow judgment to be taken in accordance with its terms and conditions.

       (b) Apportioned Conditional Offers.  An apportioned offer of judgment to more than one party may be conditioned upon the acceptance by all parties to whom the offer is directed.

       (c) Joint Unapportioned Offers.

              (1) Multiple Offerors.  A joint offer may be made by multiple offerors.

              (2) Offers to Multiple Defendants.  An offer made to multiple defendants will invoke the penalties of this rule only if (A) there is a single common theory of liability against all the offeree defendants, such as where the liability of some is entirely derivative of the others or where the liability of all is derivative of common acts by another, and (B) the same entity, person or group is authorized to decide whether to settle the claims against the offerees.

              (3) Offers to Multiple Plaintiffs.  An offer made to multiple plaintiffs will invoke the penalties of this rule only if (A) the damages claimed by all the offeree plaintiffs are solely derivative, such as that the damages claimed by some offerees are entirely derivative of an injury to the others or that the damages claimed by all offerees are derivative of an injury to another, and (B) the same entity, person or group is authorized to decide whether to settle the claims of the offerees.

       (d) Judgment Entered Upon Acceptance.  If within 10 days after the service of the offer, the offeree serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service. The clerk shall enter judgment accordingly. The court shall allow costs in accordance with NRS 18.110 unless the terms of the offer preclude a separate award of costs. Any judgment entered pursuant to this section shall be expressly designated a compromise settlement. At his option, a defendant may within a reasonable time pay the amount of the offer and obtain a dismissal of the claim, rather than a judgment.

       (e) Failure to Accept Offer.  If the offer is not accepted within 10 days after service, it shall be considered rejected by the offeree and deemed withdrawn by the offeror. Evidence of the offer is not admissible except in a proceeding to determine costs and fees. The fact that an offer is made but not accepted does not preclude a subsequent offer. With offers to multiple offerees, each offeree may serve a separate acceptance of the apportioned offer, but if the offer is not accepted by all offerees, the action shall proceed as to all. Any offeree who fails to accept the offer may be subject to the penalties of this rule.

       (f) Penalties for Rejection of Offer.  If the offeree rejects an offer and fails to obtain a more favorable judgment,

              (1) the offeree cannot recover any costs or attorney’s fees and shall not recover interest for the period after the service of the offer and before the judgment; and

              (2) the offeree shall pay the offeror’s post-offer costs, applicable interest on the judgment from the time of the offer to the time of entry of the judgment and reasonable attorney’s fees, if any be allowed, actually incurred by the offeror from the time of the offer. If the offeror’s attorney is collecting a contingent fee, the amount of any attorney’s fees awarded to the party for whom the offer is made must be deducted from that contingent fee.

       (g) How Costs Are Considered.  To invoke the penalties of this rule, the court must determine if the offeree failed to obtain a more favorable judgment. Where the offer provided that costs would be added by the court, the court must compare the amount of the offer with the principal amount of the judgment, without inclusion of costs. Where a defendant made an offer in a set amount which precluded a separate award of costs, the court must compare the amount of the offer together with the offeree’s pre-offer taxable costs with the principal amount of the judgment.

       (h) Offers After Determination of Liability.  When the liability of one party to another has been determined by verdict, order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than 10 days prior to the commencement of hearings to determine the amount or extent of liability.

      [Replaced; effective October 27, 1998.]

Nevada Rules of Civil Procedure

RULE 67.  DEPOSIT IN COURT

      (a) In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing to be held by the clerk of the court, or upon court order to be deposited in an interest-bearing account or invested in an interest-bearing instrument, subject to withdrawal, in whole or in part, at any time thereafter upon order of the court.

      [As amended; effective January 1, 2005.]

      (b) When it is admitted by the pleading or examination of a party, that the party has possession or control of any money or other thing capable of delivery, which, being the subject of litigation, is held by the party as trustee for another party, or which belongs or is due to another party, the court may order the same, upon motion, to be deposited in court, or deposited in an interest-bearing account or invested in an interest-bearing instrument, or delivered to such party, upon such conditions as may be just, subject to the further direction of the court.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 66.  RECEIVERS

      An action wherein a receiver has been appointed shall not be dismissed except by order of the court.

Nevada Rules of Civil Procedure

RULE 65.1.  SECURITY: PROCEEDINGS AGAINST SURETIES

      Whenever these rules require or permit the giving of security by a party, and security is given in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits to the jurisdiction of the court and irrevocably appoints the clerk of the court as the surety’s agent upon whom any papers affecting the surety’s liability on the bond or undertaking may be served. The surety’s liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the sureties if their addresses are known.

      [Added; effective September 27, 1971; Amended effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 65.  INJUNCTIONS

      (a) Preliminary Injunction.

              (1) Notice.  No preliminary injunction shall be issued without notice to the adverse party.

              (2) Consolidation of Hearing With Trial on Merits.  Before or after the commencement of the hearing of an application for a preliminary injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application. Even when this consolidation is not ordered, any evidence received upon an application for a preliminary injunction which would be admissible upon the trial on the merits becomes part of the record on the trial and need not be repeated upon the trial. This subdivision (a)(2) shall be so construed and applied as to save to the parties any rights they may have to trial by jury.

      [As amended; effective September 27, 1971.]

      (b) Temporary Restraining Order; Notice; Hearing; Duration.  A temporary restraining order may be granted without written or oral notice to the adverse party or that party’s attorney only if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party’s attorney can be heard in opposition, and (2) the applicant’s attorney certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required. Every temporary restraining order granted without notice shall be indorsed with the date and hour of issuance; shall be filed forthwith in the clerk’s office and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice; and shall expire by its terms within such time after entry, not to exceed 15 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record. In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for hearing at the earliest possible time and takes precedence of all matters except older matters of the same character; and when the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a preliminary injunction and, if the party does not do so, the court shall dissolve the temporary restraining order. On 2 days’ notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

      [As amended; effective January 1, 2005.]

      (c) Security.  No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. No such security shall be required of the State or of an officer or agency thereof.

       The provisions of Rule 65.1 apply to a surety upon a bond or undertaking under this rule.

      [As amended; effective September 27, 1971.]

      (d) Form and Scope of Injunction or Restraining Order.  Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.

       (e) Reserved.

       (f) When Inapplicable.  This rule is not applicable to suits for divorce, alimony, separate maintenance or custody of children. In such suits, the court may make prohibitive or mandatory orders, with or without notice or bond, as may be just.

Nevada Rules of Civil Procedure

RULE 64.  SEIZURE OF PERSON OR PROPERTY

      At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law of the State. The remedies thus available include arrest, attachment, garnishment, replevin, sequestration, and other corresponding or equivalent remedies, however designated.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 63.  INABILITY OF A JUDGE TO PROCEED

      If a trial or hearing has been commenced and the judge is unable to proceed, any other judge may proceed with it upon certifying familiarity with the record and determining that the proceedings in the case may be completed without prejudice to the parties. In a hearing or trial without a jury, the successor judge shall at the request of a party recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. The successor judge may also recall any other witness. But if such successor judge cannot perform those duties because the successor judge did not preside at the trial or for any other reason, the successor judge may, in that judge’s discretion, grant a new trial.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 62.  STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT

      (a) Automatic Stay; Exceptions—Injunctions and Receiverships.  Except as stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 10 days after service of written notice of its entry. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. The provisions of subdivision (c) of this rule govern the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.

      [As amended; effective January 1, 2005.]

      (b) Stay on Motion for New Trial or for Judgment.  In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial or to alter or amend a judgment made pursuant to Rule 59, or of a motion for relief from a judgment or order made pursuant to Rule 60, or of a motion for judgment in accordance with a motion for a judgment as a matter of law made pursuant to Rule 50, or of a motion for amendment to the findings or for additional findings made pursuant to Rule 52(b).

      [As amended; effective January 1, 2005.]

      (c) Injunction Pending Appeal.  When an appeal is taken from an interlocutory or final judgment granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party.

       (d) Stay Upon Appeal.  When an appeal is taken the appellant by giving a supersedeas bond may obtain a stay subject to the exceptions contained in subdivision (a) of this rule. The bond may be given at or after the time of filing the notice of appeal. The stay is effective when the supersedeas bond is filed.

      [As amended; effective January 1, 2005.]

      (e) Stay in Favor of the State or Agency Thereof.  When an appeal is taken by the State or by any county, city or town within the State, or an officer or agency thereof and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security shall be required from the appellant.

       (f) Reserved.

       (g) Power of Appellate Court Not Limited.  The provisions in this rule do not limit any power of an appellate court or of a judge or justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered.

       (h) Stay of Judgment as to Multiple Claims or Multiple Parties.  When a court has ordered a final judgment under the conditions stated in Rule 54(b), the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.

      [As amended; effective March 16, 1964.]

Nevada Rules of Civil Procedure

RULE 61.  HARMLESS ERROR

      No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.