JCRPT 46

(a) Prior to filing a Small Claims Affidavit of Complaint, the plaintiff must do the following:

(1) Send a demand letter, return receipt requested, to the defendant. The demand letter must instruct the defendant to pay the amount due within 15 days of the date that the letter is sent, or else the plaintiff will file a small claims case against the defendant.

(2) Wait at least 15 days from the date the demand letter is sent before filing a small claims case against the defendant.

(3) File a copy of the demand letter along with the return receipt at the time the small claims case is filed against the defendant.

(b) Failure of the plaintiff to:

(1) File a copy of the demand letter;

(2) File a copy of the proof of mailing; or

(3) Comply with subsection (a) in any other respects

is cause for the judge to dismiss the small claims case or to impose any other sanctions deemed appropriate.

(c) The Small Claims Affidavit of Complaint must substantially comply with JCRCP 89.

(d) Only one writ of execution may be in effect at one time in small claims cases.

(e) Documents sent by mail will not be returned to the sending party if:

(1) The documents do not include an original and at least 1 copy; or

(2) The documents do not include a self-addressed, stamped envelope.

(f) A referee appointed pursuant to NRS 4.355:

(1) May issue an immediate default judgment when a defendant fails to appear for trial, and such a default judgment is not subject to the formal objection process;

(2) May enter an order of dismissal when a plaintiff fails to appear for trial, and such an order is not subject to the formal objection process;

(3) May, except as provided in paragraph (4) of this subsection, rule upon the following motions:

(A) A motion for relief from an order entered pursuant to paragraphs (1) or (2) of this subsection;

(B) A motion to transfer the small claims case to district court;

(C) A motion to reconsider;

(D) A motion for a continuance;

(E) A motion for disqualification;

(F) A motion to extend time for service;

(G) A motion relating to the manner of service;

(H) A motion to set aside a dismissal due to lack of service under JCRCP 93;

(I) A motion to participate in a hearing by telephonic or audiovisual means;

(J) A motion to appoint a court interpreter;

(K) A motion to hold a person in contempt with no accompanying penalty of jail time;

(L) A motion to “transfer” the case to justice court for processing as a civil case, which motion must be stipulated to by all parties; and

(M) Any other motion,

unless the referee determines that the particular motion should be ruled upon by the assigned justice of the peace or chief judge, as appropriate, in which case the referee must issue a written order to explain the basis for that determination.

(4) May not rule upon the following motions:

(A) A motion to hold a person in contempt with an accompanying penalty of jail time, which motion must be ruled upon by any available justice of the peace;

(B) A motion for an examination of judgment debtor, which motion must be ruled upon by the assigned justice of the peace, or another judge if the assigned justice of the peace is not available;

(C) A motion for judgment against a garnishee defendant, which must be ruled upon by the assigned justice of the peace; and

(D) A motion to enter satisfaction of judgment, which must be ruled upon by the assigned justice of the peace.