[Rev. 11/21/2013 8:58:03 AM--2013]

CHAPTER 29A - SUMMARY PROCEEDINGS

NRS 29A.010          “Summary proceeding” defined.

NRS 29A.020          Adoption of rules by Supreme Court or district courts. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 29A.020          Adoption of rules. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

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

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

NRS 29A.050          Filing of affidavits.

NRS 29A.060          Discovery prohibited.

NRS 29A.070          Trial memoranda.

NRS 29A.080          Procedure at trial.

NRS 29A.090          No right of appeal.

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

      (Added to NRS by 1989, 507)

      NRS 29A.020  Adoption of rules by Supreme Court or district courts. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  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)

      NRS 29A.020  Adoption of rules. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  The Supreme Court, the Court of Appeals 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; A 2013, 1733, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 29A.030  Applicability of rules of practice and procedure.  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)

      NRS 29A.040  Eligible actions; designation of case as summary proceeding.  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)

      NRS 29A.050  Filing of affidavits.

      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 the party 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.

Ę 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)

      NRS 29A.060  Discovery prohibited.  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)

      NRS 29A.070  Trial memoranda.

      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 the party’s 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 that party;

      (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)

      NRS 29A.080  Procedure at trial.  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 the witness’s testimony.

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

      (Added to NRS by 1989, 508)

      NRS 29A.090  No right of appeal.  The judgment of the court in a summary proceeding is not subject to appeal.

      (Added to NRS by 1989, 508)