JCRPT 34

(a) If a tenant has filed an answer in response to a notice, the court will not schedule a hearing on the summary eviction until the complaint is on file with the court.

(b) Upon the filing of the complaint:

(1) If the tenant has filed a timely answer, a hearing on the summary eviction will be set. This hearing will be set within 1 week of the filing of the complaint or at such other time convenient to the court. The court will provide notice of hearing to all applicable parties via mail if time permits, or telephonically.

(2) If the tenant has not filed a timely answer, the court will process the complaint as a “straight summary eviction” with no hearing scheduled.

(c) A tenant must file an answer to a notice within the time required by law. No late answers will be accepted by the court.

(d) When a timely answer is filed, the answer will be processed at the clerk’s office and held in a “30-day file” until such time as the complaint is filed by the landlord. An answer filed with the court will expire and will not be processed more than 30 days after the expiration of the applicable notice.

(e) If a complaint is not filed within 30 days after the expiration of the applicable notice, the corresponding notice will be deemed to be expired, and a new notice will be required before the landlord can proceed with a summary eviction.

(f) All summary eviction paperwork must comply with the following requirements:

(1) Notice issued to tenant.

(A) Notices must be typed or clearly legible.

(B) Notices may not be altered in any way.

(C) Notices must advise the tenant that the Pahrump Justice Court (or some similar specific reference) has jurisdiction over the matter. Notices that merely refer to “the justice of the peace,” or “Nye County Courthouse,” or some other nonspecific designation will not be valid.

(D) If a landlord has issued more than 1 notice to the tenant within 1 rental period, and the tenant has filed an answer with respect to any of those notices, the court may consolidate for hearing all pending notices and answers.

(2) Landlord filing.

(A) The complaint may not be filed prior to the expiration of the applicable notice.

(B) In conjunction with the complaint, the landlord must also file:

(i) A copy of the applicable notices;

(ii) An original Affidavit of Service; and

(iii) Where required by law, a legible certificate of mailing that contains the complete address of the tenant and a legible postmark from the United States post office. (A postage meter or private mail service will not be accepted.) If the certificate of mailing is less than 8.5 x 11 inches, it must be mounted on 8.5 x 11-inch paper. No alterations to the certificate of mailing can be made or the complaint will be rejected as an incomplete filing.

(C) The landlord shall pay the requisite filing fees.

(3) Tenant answer.

(A) The tenant must pay the requisite filing fee or include a written In Forma Pauperis request.

(B) The answer must include a copy of the original notice, unless the tenant signs an unsworn declaration to indicate that the notice has been lost or destroyed.

(g) Unless otherwise ordered by the court, an order for summary eviction shall expire 30 days after the order is filed. Such expiration must be conspicuously stated on the order for summary eviction.

(h) As used in this rule, “complaint” means an Affidavit of Complaint for Summary Eviction.