NV · rules
Nev. J. Ct. R. Civ. P. 65
Temporary Writ of Restitution Pursuant to NRS 40.300(3)
(a) Except for extraordinary circumstances, an order to show cause hearing to determine whether a temporary writ of restitution will issue pursuant to NRS 40.300(3) may not occur until at least 14 calendar days after service of a summons and complaint upon the defendant/tenant/occupant.
(b) All orders issued requiring the defendant/tenant/occupant to show cause why a temporary writ should not be entered must indicate that such hearing is not the trial on the merits, describe how such trial date will be set or indicate the trial date, and indicate that such trial will be set no earlier than 21 calendar days after service of summons and complaint.
(c) The process described at NRS 40.300(3) must not be used as a forum for a trial upon which a judgment for the restitution of the premises pursuant to NRS 40.360 may be entered.
(d) The court must not issue a temporary writ of restitution if the hearing considering such request occurs prior to 14 calendar days after the service of summons and complaint unless the court finds that extraordinary circumstances are present and enters those extraordinary circumstances in the record.
(e) If a hearing to determine whether a temporary writ of restitution will issue is scheduled pursuant to an order to show cause, a default judgment must not be entered until such hearing has occurred, notwithstanding the fact that time for answering has expired.
(f) A temporary writ of restitution is not a final adjudication of the case.
History
[Amended; effective October 29, 2024.]
Provenance
- Source
- leg.state.nv.us
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
8c236acb83cd50d1bb0e5e67972dad7a6f5772426a4469191d40113ff60118e2
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