USA Statutes : nevada
Title : Title 03 - REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS
Chapter : CHAPTER 29A - SUMMARY PROCEEDINGS
 As used in this
chapter, “summary proceeding” means an action governed by the provisions
of this chapter.

      (Added to NRS by 1989, 507)

 The Supreme Court or each district court shall adopt rules providing for
the setting of trials for summary proceedings and such other rules as it
deems necessary to carry out the provisions of this chapter.

      (Added to NRS by 1989, 508)

 Except as otherwise provided in this chapter, the provisions of the
Nevada Rules of Civil Procedure, the District Court Rules and the local
rules of practice adopted in the judicial district where the action is
pending apply to any summary proceeding.

      (Added to NRS by 1989, 508)
 In any civil action brought in the district court in which
the amount in controversy, excluding attorney’s fees, interest and costs
of suit, is not less than $2,500 and not more than $15,000, the parties
may stipulate that the action be dealt with as a summary proceeding. The
stipulation must be in writing, signed by each party and filed no later
than the time of filing the case conference report required by Rule 16.1
of the Nevada Rules of Civil Procedure. Upon the motion of a party, or on
its own, the court, for good cause, may rescind the designation of the
case as a summary proceeding.

      (Added to NRS by 1989, 507)


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

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

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

      (c) By the plaintiff, in response to the filing by the defendant,
within 15 days after the date the defendant files pursuant to paragraph
(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 a party, the
party on whose behalf the affidavit is submitted; and

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

Ê Any affidavit that fails to conform to these requirements may be
disregarded by the court or stricken, wholly or in part.

      (Added to NRS by 1989, 507)
 No party to a summary
proceeding may conduct discovery pursuant to Rules 26 to 37, inclusive,
of the Nevada Rules of Civil Procedure.

      (Added to NRS by 1989, 507)


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

      (a) A concise statement of the facts relied upon to support each of
his claims and defenses, with references to the parts of the record where
these facts appear;

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

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

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

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

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

      (b) Continue the trial of the matter, upon condition that the
offending party pay the reasonable attorney’s fees and costs incurred by
each opposing party in preparing for the trial; or

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

      (Added to NRS by 1989, 507)
 At the trial of a summary
proceeding:

      1.  The matter must be tried to the court, sitting without a jury.

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

      3.  The court shall examine any witness and, if required to obtain
the presence of a witness, may continue the trial for a reasonable time.
Any party may cross-examine the witness concerning his testimony.

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

      (Added to NRS by 1989, 508)
 The judgment of the court in a
summary proceeding is not subject to appeal.

      (Added to NRS by 1989, 508)