137.020 - Trial of contest: Jury; costs. - Nevada Statutes

137.020  Trial of contest: Jury; costs.

      1.  In the contest, the contestant is plaintiff and the petitioner is defendant. The written grounds of opposition constitute a pleading and are subject to the same rules governing pleadings as in the case of a complaint in a civil action.

      2.  An issue of fact involving the competency of the decedent to make a will, the freedom of the decedent at the time of the execution of the will from duress, menace, fraud or undue influence, the due execution and attestation of the will, or any other question substantially affecting the validity of the will, must be tried by the court unless one of the parties demands a jury. The party demanding the jury shall advance the jury costs.

      3.  Upon the determination of the contest, costs must be awarded in accordance with the provisions of chapter 18 of NRS.

      [Part 18:107:1941; 1931 NCL § 9882.18]—(NRS A 1999, 2268)