31.856 - Issuance of writ of possession without hearing; order shortening time for hearing; undertaking by plaintiff. - Nevada Statutes

31.856  Issuance of writ of possession without hearing; order shortening time for hearing; undertaking by plaintiff.

      1.  A writ of possession may be issued prior to the hearing provided by NRS 31.853 if the plaintiff, by affidavit or by presentation of other evidence, establishes reasonable cause to believe the probability of any one of the following:

      (a) The defendant gained possession of the property by the commission of any criminal act forbidden by chapter 205 of NRS.

      (b) The property possessed by the defendant consists of one or more negotiable instruments or credit cards.

      (c) The property sought to be returned either:

             (1) Is perishable, and will perish before any hearing upon notice can be had; or

             (2) By reason of threatened action by the holder, such property is in immediate danger of destruction, serious harm, concealment, removal from this state or sale to an innocent purchaser.

      2.  Where a writ of possession has been issued prior to hearing under the provisions of this section, the defendant or other person from whom possession of such property has been taken may apply to the court for an order shortening the time for hearing on the order to show cause, and the court may, upon such application, shorten the time for such hearing, and direct that the matter shall be heard on not less than 48 hours’ notice to the plaintiff.

      3.  No writ of possession may issue pursuant to this section until the plaintiff has filed with the court an approved written undertaking as required by NRS 31.863.

      (Added to NRS by 1973, 1149)