Bindinglaw

NV · rules

JCRLV 12

Motions for continuance: Contents, service of affidavits or unsworn declarations; counter-affidavits and counter-unsworn-declarations; argument

activein force · 2010-08-11 – presentact-effective-date

(a) No continuance of a trial in a case shall be granted except for good cause. A motion or stipulation for continuance shall state the reason therefor and whether or not any previous request for continuance had been either sought or granted. The motion or stipulation must certify that the party or parties have been advised that a motion or stipulation for continuance is to be submitted in their behalf and must state any objection the parties may have thereto.

(b) If a continuance of any trial is granted, the court will set the future trial date.

(c) All contested motions for the continuance of cases shall be made on affidavit or unsworn declaration except where it shall appear to the court that the moving party needs to be sworn and orally testify to the same factual matters as hereinafter required for an affidavit.

(d) When a motion for continuance is made on the ground of absence of witnesses, the affidavit or unsworn declaration shall state:

(1) The names of the absent witnesses and their present residences, if known.

(2) What diligence has been used to procure their attendance or their depositions, and the causes of a failure to procure the same.

(3) What the affiant or declarant has been informed and believes will be the testimony of each of such absent witnesses, and whether or not the same facts can be proven by other witnesses than parties to the suit whose attendance or depositions might have been obtained.

(4) At what time the applicant first learned that the attendance or depositions of such absent witnesses could not be obtained.

(5) That the application is made in good faith and not merely for delay.

(e) Copies of the affidavits or unsworn declarations upon which a motion for continuance is made shall be served upon the opposing party as soon as practicable after the cause for the continuance shall be known to the moving party.

(f) Counter-affidavits or counter-unsworn-declarations may be used in opposition to the motion.

History

[Added; effective January 1, 2007; amended; effective August 11, 2010.]

Provenance

Source
leg.state.nv.us
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
b7b46e313456a0f0c7bc37628f3fa24bd5c2c121efc75dfa59ff232753d7e946
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