2005 Nevada Revised Statutes - Chapter 29A — Summary Proceedings

CHAPTER 29A - SUMMARY PROCEEDINGS

NRS 29A.010 Summaryproceeding defined.

NRS 29A.020 Adoptionof rules by Supreme Court or district courts.

NRS 29A.030 Applicabilityof rules of practice and procedure.

NRS 29A.040 Eligibleactions; designation of case as summary proceeding.

NRS 29A.050 Filingof affidavits.

NRS 29A.060 Discoveryprohibited.

NRS 29A.070 Trialmemoranda.

NRS 29A.080 Procedureat trial.

NRS 29A.090 Noright of appeal.

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NRS 29A.010 Summaryproceeding defined. As used in this chapter,summary proceeding means an action governed by the provisions of thischapter.

(Added to NRS by 1989, 507)

NRS 29A.020 Adoptionof rules by Supreme Court or district courts. TheSupreme Court or each district court shall adopt rules providing for thesetting of trials for summary proceedings and such other rules as it deemsnecessary to carry out the provisions of this chapter.

(Added to NRS by 1989, 508)

NRS 29A.030 Applicabilityof rules of practice and procedure. Except asotherwise provided in this chapter, the provisions of the Nevada Rules of CivilProcedure, the District Court Rules and the local rules of practice adopted inthe judicial district where the action is pending apply to any summaryproceeding.

(Added to NRS by 1989, 508)

NRS 29A.040 Eligibleactions; designation of case as summary proceeding. Inany civil action brought in the district court in which the amount in controversy,excluding attorneys fees, interest and costs of suit, is not less than $2,500and not more than $15,000, the parties may stipulate that the action be dealtwith as a summary proceeding. The stipulation must be in writing, signed byeach party and filed no later than the time of filing the case conferencereport required by Rule 16.1 of the Nevada Rules of Civil Procedure. Upon themotion of a party, or on its own, the court, for good cause, may rescind thedesignation of the case as a summary proceeding.

(Added to NRS by 1989, 507)

NRS 29A.050 Filingof affidavits.

1. One or more affidavits sufficient to establish eachclaim or affirmative defense alleged by each party, together with any otherrelevant evidence upon which he relies must be filed:

(a) By the plaintiff, within 30 days after the date offiling the stipulation.

(b) By a defendant, within 30 days after the date theplaintiff files pursuant to paragraph (a).

(c) By the plaintiff, in response to the filing by thedefendant, within 15 days after the date the defendant files pursuant toparagraph (b).

2. Any affidavit filed pursuant to this section must:

(a) Be executed under oath;

(b) Identify the affiant and, if the affiant is not aparty, the party on whose behalf the affidavit is submitted; and

(c) Set forth only such statements of fact as would beadmissible in evidence if the affiant were testifying as a witness.

Anyaffidavit that fails to conform to these requirements may be disregarded by thecourt or stricken, wholly or in part.

(Added to NRS by 1989, 507)

NRS 29A.060 Discoveryprohibited. No party to a summary proceedingmay conduct discovery pursuant to Rules 26 to 37, inclusive, of the NevadaRules of Civil Procedure.

(Added to NRS by 1989, 507)

NRS 29A.070 Trialmemoranda.

1. Not later than 10 days before the date set for thetrial of a summary proceeding, each party to the action shall file and serveupon each other party a trial memorandum containing:

(a) A concise statement of the facts relied upon to supporteach of his claims and defenses, with references to the parts of the recordwhere these facts appear;

(b) A statement of any admitted or undisputed facts;

(c) A statement of any issues of law, accompanied bypoints and authorities addressing those issues; and

(d) Any other information required to assist the courtin resolving the matter.

2. If any party fails to comply with the requirementsof this section, the court may:

(a) Strike the pleadings of the offending party andenter judgment against him;

(b) Continue the trial of the matter, upon conditionthat the offending party pay the reasonable attorneys fees and costs incurredby each opposing party in preparing for the trial; or

(c) Take such other action as it deems appropriateunder the circumstances.

(Added to NRS by 1989, 507)

NRS 29A.080 Procedureat trial. At the trial of a summaryproceeding:

1. The matter must be tried to the court, sittingwithout a jury.

2. No record of the proceedings may be made, except bythe court or the clerk of the court.

3. The court shall examine any witness and, ifrequired to obtain the presence of a witness, may continue the trial for areasonable time. Any party may cross-examine the witness concerning histestimony.

4. Each party is entitled to argue the facts and lawof the case before the court.

(Added to NRS by 1989, 508)

NRS 29A.090 Noright of appeal. The judgment of the court ina summary proceeding is not subject to appeal.

(Added to NRS by 1989, 508)

 

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