31.853 - Order to show cause; contents; service. - Nevada Statutes

31.853  Order to show cause; contents; service.  The court shall promptly examine the affidavit, and if it is satisfied that it meets the requirements of NRS 31.850, shall issue an order directed to the defendant to show cause why the property should not be taken from the defendant and delivered to the plaintiff. Such order shall:

      1.  Fix the date and time for the hearing thereon, which shall be no sooner than 10 days from the date of issuance of the order.

      2.  Inform the defendant that the defendant may file affidavits on the defendant’s behalf with the court and may appear and present testimony on the defendant’s behalf at the hearing, or that the defendant may, at or prior to such hearing, file with the court a written undertaking to stay delivery of the property pursuant to NRS 31.890.

      3.  Inform the defendant that if the defendant fails to appear, the plaintiff will apply to the court for a writ of possession.

      4.  Require service of the affidavit and order upon the defendant, and fix the time and manner within which such service shall be made, which shall be by personal service or in such other manner as the court may determine to be reasonably calculated to afford notice of the proceeding to the defendant under the circumstances appearing from the affidavit.

      (Added to NRS by 1973, 1149)