Vegas Law



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Nevada Injury Law

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Las Vegas Inury Lawyer
Las Vegas Injury Lawyer





Vegas Law

v. _______________________________ ______________________________ Address Address _______________________________ ______________________________ Plaintiff Defendant STATE OF NEVADA } }ss. AFFIDAVIT OF COMPLAINT COUNTY OF_____________________ } AND ORDER ____________________, being first duly sworn, deposes and says: That the defendant is indebted to the plaintiff in the sum of $__________; that the reason for this indebtedness is _______________________ ________________________________________________________________ ; that this affiant has demanded payment of the sum; that the defendant refuses to pay the same; that one or more of the defendants is a resident of, does business in, or is employed in __________ Township, in the County of __________, State of Nevada; that affiant resides at the above address. Plaintiff—Affiant Subscribed and sworn to before me this _____ day of __________, 20___. Justice of the Peace, Court Clerk or Notary {On the affidavit shall be printed:} ORDER The State of Nevada to the within-named Defendant, Greetings: You are hereby ordered to appear for trial and to be prepared to answer the within and foregoing claim at )_______________ on the _____ day of __________, 20___, at the hour of .......... and to establish your defense against said claim. You are further notified that in the event you do not appear, judgment will be given against you for the amount of claim as stated in the above affidavit of complaint. Dated: This _____ day of __________, 20___. Clerk or Justice of the Peace [As amended; effective July 1, 2005.] RULE 90. FILING OF SMALL CLAIMS When the plaintiff-claimant appears, the plaintiff-claimant shall prepare such an affidavit as is set forth in Rule 89, or, at the plaintiff-claimant’s request, the justice or clerk may draft an affidavit for the plaintiff-claimant. Upon the affidavit being sworn to by the plaintiff and the payment of the filing fee, the justice or clerk shall file the same and make or otherwise provide at least two true and correct copies thereof. One copy will be used for service. The original, with proof of service, will be filed with the court. The justice or clerk shall determine that all blanks in the order, on the original, are filled in and that the order is signed and also that all copies include the same information. [As amended; effective July 1, 2005.] RULE 91. SERVICE OF SMALL CLAIMS Immediately after the filing of the affidavit, the justice or clerk shall determine the method of service to be made upon the defendant. The service may be by registered or certified mail, return receipt requested, or the court may direct that personal service be made. Whenever personal service is ordered, the court may specify who shall make such personal service. The constable, sheriff or other qualified person making personal service shall comply with Rule 4(d). The signed, returned receipt or other evidence of service shall be attached to or filed with the original affidavit and order of each small claim. Advance payment for costs of service must be made or, with the approval of the court or server, guaranteed by the plaintiff but all reasonable costs may be recovered as part of the judgment. Service of the affidavit and order shall be made on the defendant at least 10 days prior to the date that the defendant is required to appear. Proof of service shall immediately be filed with the court. [As amended; effective June 28, 1988.] RULE 92. DATE OF TRIAL APPEARANCE FIXED BY JUSTICE COURT Except as stipulated in writing by the parties or otherwise provided by the court or by these rules, the date of the appearance of the defendant for trial, as provided in the order indorsed on the affidavit, shall not be more than 90 days from the date of service of the order. The justice or clerk may from time to time amend the date of appearance on the order if it appears that service has not or cannot be made to allow sufficient time for the defendant to respond or to allow the court efficiently to control its calendar. The justice or the clerk shall notify the plaintiff, in advance, of the time, date and place of trial or shall provide by local rule a procedure for the plaintiff to determine, in advance, the time, date and place of trial. [As amended; effective July 1, 2005.] RULE 93. DISMISSAL WITHOUT PREJUDICE

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