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NV · rules

EDCR 5.216

Procedure for appointment of another person to execute documents pursuant to NRCP 70

activein force · 2022-06-10 – presentact-effective-date

(a) A party seeking a court order for the appointment of a person to execute a conveyance of land, deliver deeds or other documents, or perform any other specific act must:

(1) Submit a motion for an order, supported by an affidavit;

(2) Submit a proposed order to the court; and

(3) Submit the documents, if any, to be executed by another person in place of the disobedient party.

(b) The motion or supporting affidavit must:

(1) Identify by title, date, page, and line number the judgment upon which the request is based;

(2) State that the judgment has not been modified by subsequent court order;

(3) State that the judgment has not been satisfied or what portion remains outstanding;

(4) State the facts establishing why it is necessary for another person to execute or deliver the documents at issue or perform the specific act required, including why each document submitted is necessary.

(5) Describe the efforts made to have the disobedient party execute or deliver the documents at issue or perform the specific act required, or what provision, futility, or impracticability prevented an attempt at doing so in advance of filing the request; and

(6) List each document to be executed or delivered or each specific act to be done by another person in place of the disobedient party.

(c) The proposed order must:

(1) Name the disobedient party who has failed to comply with an order to convey land, deliver a deed or other document, or to perform any other specific act within the time specified;

(2) Appoint another person to execute the documents in place of the disobedient party pursuant to NRCP 70.

(3) Name or describe each document to be executed or delivered, or what specific acts are to be done;

(4) Include a copy of each document to be executed or delivered, which may be redacted if necessary to prevent disclosure of private information;

(5) Include a signature line for the disobedient party on any documents to be executed;

(6) If possible, state that the other person named is signing on behalf of a disobedient party; and

(7) If ordered, impose the expense of the proceedings on the disobedient party.

(d) The court may grant the motion for order ex parte or may require that the disobedient party be served with the request and given an opportunity to respond. The court may also set a hearing on the motion.

(e) If the court grants the motion for an order and directs the clerk of the court to execute, deliver, or perform, then the moving party must submit the original documents to the clerk of the court for execution and inform the clerk of the court of the case number in which the order was entered, contact information for the moving party, and instructions on how the document should be returned.

History

[Added; effective June 10, 2022.]

Provenance

Source
leg.state.nv.us
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
40266ce29df0d434250faf8a3b07b767d3c7ce452365ffb16c49e0fc7e202035
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