2005 Nevada Revised Statutes - Chapter 15 — Pleadings, Motions and Orders

CHAPTER 15 - PLEADINGS, MOTIONS AND ORDERS

NRS 15.010 Verificationof pleadings.

NRS 15.030 Transferof motion when judge unable to hear parties.

NRS 15.040 Enforcementof order for payment of money.

NRS 15.050 Vacationor modification of order made out of court without notice.

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NRS 15.010 Verificationof pleadings.

1. In all cases of the verification of a pleading, theaffidavit of the party shall state that the same is true of his own knowledge,except as to the matters which are therein stated on his information andbelief, and as to those matters that he believes it to be true. And where apleading is verified, it shall be by the affidavit of the party, unless he beabsent from the county where the attorneys reside, or from some cause unable toverify it, or the facts are within the knowledge of his attorney or other personverifying the same.

2. When the pleading is verified by the attorney, orany other person except the party, he shall set forth in the affidavit thereasons why it is not made by the party.

3. When a corporation is a party, the verification maybe made by any officer thereof; or when the State, or any officer thereof inits behalf, is a party, the verification may be made by any person acquaintedwith the facts; except that in actions prosecuted by the Attorney General, inbehalf of the State, the pleadings need not, in any case, be verified.

4. In all cases where, by the foregoing provisions,the verification may be made by the attorney, such verification may be by himmade on information and belief if the facts are not within his knowledge.

5. The affidavit may be in substantially the followingform and need not be subscribed before a notary public:

 

Under penalties of perjury, the undersigned declaresthat he is the ................................ (plaintiff, defendant) named inthe foregoing ................................ (complaint, answer) and knowsthe contents thereof; that the pleading is true of his own knowledge, except asto those matters stated on information and belief, and that as to such mattershe believes it to be true.

 

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[1911 CPA 122; A 1939, 20; 1931 NCL 8620](NRS A1969, 180)

NRS 15.030 Transferof motion when judge unable to hear parties. Whena notice of a motion is given, or an order to show cause is made returnablebefore a judge out of court, and at the time fixed for the motion, or, on thereturn day of the order, the judge is unable to hear the parties, the mattermay be transferred by his order to some other judge before whom it mightoriginally have been brought.

[1911 CPA 423; RL 5365; NCL 8912]

NRS 15.040 Enforcementof order for payment of money. Whenever anorder for the payment of a sum of money is made by a court, it may be enforcedby execution in the same manner as if it were a judgment.

[1911 CPA 424; RL 5366; NCL 8913]

NRS 15.050 Vacationor modification of order made out of court without notice. An order made out of court without notice to the adverseparty, may be vacated or modified without notice by the judge who made it, butsuch proceeding must be limited to the same record upon which the order wasmade, or such order may be vacated or modified on notice, in the manner inwhich others motions are made.

[1911 CPA 424.01; added 1937, 26; 1931 NCL 8913.01]

 

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