Nevada Revised Statutes 31.024 – Procedure when notice and hearing required: Order to show cause
If the plaintiff‘s application is for an order directing the clerk to issue a writ of attachment after notice and hearing, and the plaintiff’s affidavit, alone or as supplemented by additional evidence received by the court, meets the requirements of subsection 2 of NRS 31.020, the court shall issue an order directed to the debtor to show cause why the order for attachment should not be issued. The order must:
Terms Used In Nevada Revised Statutes 31.024
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
1. Fix the date and time for hearing on the order, which must not be set sooner than 3 days after the service of the order.
2. Direct the time within which service of the order must be made upon the defendant or the defendant’s attorney.
3. Fix the manner in which service of the order must be made, which may be by personal service upon the defendant or service upon the defendant’s attorney. If such service cannot be made, service may be by publication or in such a manner as the court determines is reasonably calculated to afford notice to the defendant under the circumstances set forth in the plaintiff’s affidavit.
4. State that the debtor:
(a) Is entitled to certain exemptions, describe those exemptions in the manner set forth in subsection 2 of NRS 31.045 and explain that the debtor may claim an exemption if it appears that exempt property may be seized;
(b) Has the right to file affidavits on the debtor’s behalf; and
(c) May appear personally or by way of an attorney, and present testimony on the debtor’s behalf at the time of hearing.
5. State that if the defendant fails to appear the defendant shall be deemed to have waived his or her right to the hearing and that in such case the court may order the clerk to issue a writ of attachment.