[Rev. 11/21/2013 8:56:50 AM--2013]

CHAPTER 15 - PLEADINGS, MOTIONS AND ORDERS

NRS 15.010             Verification of pleadings.

NRS 15.030             Transfer of motion when judge unable to hear parties.

NRS 15.040             Enforcement of order for payment of money.

NRS 15.050             Vacation or modification of order made out of court without notice.

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      NRS 15.010  Verification of pleadings.

      1.  In all cases of the verification of a pleading, the affidavit of the party shall state that the same is true of the party’s own knowledge, except as to the matters which are therein stated on the party’s information and belief, and as to those matters that the party believes it to be true. And where a pleading is verified, it shall be by the affidavit of the party, unless the party is absent from the county where the attorneys reside, or from some cause unable to verify it, or the facts are within the knowledge of the party’s attorney or other person verifying the same.

      2.  When the pleading is verified by the attorney, or any other person except the party, the attorney or other person shall set forth in the affidavit the reasons why it is not made by the party.

      3.  When a corporation is a party, the verification may be made by any officer thereof; or when the State, or any officer thereof in its behalf, is a party, the verification may be made by any person acquainted with the facts; except that in actions prosecuted by the Attorney General, in behalf 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 the attorney made on information and belief if the facts are not within the attorney’s knowledge.

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

 

      Under penalties of perjury, the undersigned declares that he or she is the ................................ (plaintiff, defendant) named in the foregoing ................................ (complaint, answer) and knows the contents thereof; that the pleading is true of his or her own knowledge, except as to those matters stated on information and belief, and that as to such matters he or she believes it to be true.

 

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      [1911 CPA § 122; A 1939, 20; 1931 NCL § 8620]—(NRS A 1969, 180)

      NRS 15.030  Transfer of motion when judge unable to hear parties.  When a notice of a motion is given, or an order to show cause is made returnable before a judge out of court, and at the time fixed for the motion, or, on the return day of the order, the judge is unable to hear the parties, the matter may be transferred by order of the judge to some other judge before whom it might originally have been brought.

      [1911 CPA § 423; RL § 5365; NCL § 8912]

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

      [1911 CPA § 424; RL § 5366; NCL § 8913]

      NRS 15.050  Vacation or modification of order made out of court without notice.  An order made out of court without notice to the adverse party, may be vacated or modified without notice by the judge who made it, but such proceeding must be limited to the same record upon which the order was made, or such order may be vacated or modified on notice, in the manner in which others motions are made.

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