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
(Added to NRS by 1989, 507)
NRS
(Added to NRS by 1989, 508)
NRS
(Added to NRS by 1989, 508)
NRS
(Added to NRS by 1989, 507)
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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
(Added to NRS by 1989, 507)
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
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
(Added to NRS by 1989, 508)
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