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NEVADA STATUTES AND CODES

125.123 - Application for decree of divorce by default; affidavit.

125.123  Application for decree of divorce by default; affidavit.  An application for a decree of divorce by default may be made by affidavit unless the court requires oral testimony of the witnesses. If there is a marital settlement agreement, it must be identified in the affidavit and attached to the affidavit as an exhibit. Any affidavit made to support the application, including an affidavit to corroborate residency, must:

      1.  Be based upon the personal knowledge of the affiant;

      2.  Contain only facts which would be admissible in evidence;

      3.  Give factual support to each allegation in the application; and

      4.  Establish that the affiant is competent to testify to the contents of the affidavit.

      (Added to NRS by 1985, 981; A 1987, 1179)

     

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