2022 Nevada Revised Statutes
Chapter 33 - Injunctions; Protection Orders
NRS 33.565 - Hearing to review verified application for emergency or extended order: Time for hearing in open court; actions that court may take; telephonic hearing to review verified application filed by law enforcement officer; availability of court.
1. Except as otherwise provided in subsection 2, a court shall hold a hearing in open court to review a verified application filed pursuant to NRS 33.560 not later than 1 judicial day after its filing by the applicant. At the hearing the court may:
(a) Regardless of whether notice and an opportunity to be heard has been provided to the adverse party:
(1) Issue an emergency order pursuant to NRS 33.570; or
(2) Decline to issue an emergency order, in which case, the court must:
(I) Schedule a hearing in accordance with NRS 33.575; or
(II) If the applicant so requests, dismiss the verified application.
(b) If notice and an opportunity to be heard has been provided to the adverse party:
(1) Issue an extended order pursuant to NRS 33.580;
(2) Dismiss the verified application; or
(3) Upon the request of either party and for good cause shown, schedule a hearing in accordance with NRS 33.575.
2. If the verified application was filed by a law enforcement officer, the court may hold a telephonic hearing to review the verified application not later than 1 day after the filing of the application. At the telephonic hearing, the court:
(a) May not issue an extended order pursuant to NRS 33.580.
(b) May, regardless of whether notice and an opportunity to be heard has been provided to the adverse party:
(1) Issue an emergency order pursuant to NRS 33.570; or
(2) Decline to issue the emergency order, in which case, the court must:
(I) Schedule a hearing in accordance with NRS 33.575; or
(II) If the law enforcement agency so requests, dismiss the verified application.
3. The telephonic hearing described in subsection 2 must be recorded contemporaneously by a certified court reporter or by electronic means. After the hearing, the recording must be transcribed, certified by a judicial officer and filed with the clerk of court.
4. In a county whose population is 100,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to conduct telephonic hearings pursuant to subsection 2.
5. In a county whose population is less than 100,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to conduct telephonic hearings pursuant to subsection 2.
(Added to NRS by 2021, 588)
