Joanna T. v. Eighth Judicial Dist. Court
Annotate this CaseAn abuse-and-neglect petition was filed alleging that Joanna T.’s daughter was in need of protection. Joanna moved to set aside the domestic master’s oral recommendation to sustain the abuse-and-neglect petition because Joanna had never received a summons notifying her of the adjudicatory hearing. The juvenile court granted the motion. A summons was served on Joanna 486 days after the abuse-and-neglect petition was filed. Joanna filed a motion to dismiss the petition, asserting that the summons was untimely under Nev. R. Civ. P. 4(i) because it was issued more than 120 days after the abuse-and-neglect petition was filed. The juvenile court denied the petition and later sustained the abuse-and-neglect petition against Joanna. The Supreme Court denied Joanna’s petition for a writ of mandamus or prohibition, holding that Rule 4(i)’s requirement that a summons be served within 120 days does not apply in chapter 432B proceedings, and therefore, dismissal of the abuse-and-neglect petition was not warranted.
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