Nevada Affidavit or Declaration in Support of Motion to Stay Eviction Order is a document required by the Nevada courts in order to stay an eviction order. This document must be signed by the tenant or the tenant's legal representative and notarized. The affidavit or declaration must include details of the tenant's financial situation and any hardship that would be caused by the eviction, as well as the tenant's action plan to prevent eviction in the future. The document should also include the tenant's contact information and signature. There are two types of Nevada Affidavit or Declaration in Support of Motion to Stay Eviction Order: 1. Declaration of Good Cause: This type of affidavit or declaration must include an explanation of why the tenant cannot pay rent or vacate the premises. The tenant must also include a plan for how they will pay the past due rent or otherwise resolve the situation. 2. Declaration of Necessity: This type of affidavit or declaration must include an explanation of why the eviction is necessary, such as if the tenant is causing a nuisance or is using the premises for illegal activity. The tenant must also include a plan for how they will vacate the premises or otherwise resolve the situation.
Nevada Affidavit Or Declaration In Support of Motion To Stay Eviction Order
Description
Key Concepts & Definitions
Affidavit or Declaration in Support of Motion to Summary Judgment: An affidavit or declaration is a written statement made under oath or affirmation, submitted as admissible evidence in court proceedings. A motion to summary judgment is a request for the court to rule that the other party has no case, because there are no essential facts in dispute. The affidavit supports this by indicating that all statements are based on personal knowledge and are aimed to establish that there is no genuine issue of material fact to be tried.
Step-by-Step Guide
- Identify the motion: Verify the motion for which the affidavit or declaration is intended, typically a motion for summary judgment.
- Gather facts: Compile all relevant facts based on personal knowledge and ensure they address the material facts of the case.
- Prepare the affidavit: Include full legal name, address, and relationship to the case. List all the statements in numbered paragraphs.
- Swear the affidavit: Sign the affidavit or declaration before a notary public or as per court requirements to affirm that the statement is made under penalty of perjury.
- Submit to court: File the affidavit or declaration in support of the motion according to the court's rules, typically alongside the motion to which it pertains.
Risk Analysis
- Rejection of motion: If the affidavit or declaration fails to properly demonstrate that no genuine issues of material fact exist, the court may deny the motion for summary judgment.
- Perjury: Submission of an affidavit containing false information can lead to criminal charges of perjury.
- Misinterpretation: Poorly drafted affidavits may be misinterpreted by the court, potentially weakening the case.
Best Practices
- Clear Language: Use clear and concise language that explicitly states the facts without ambiguity.
- Relevant Evidence: Only include information that is directly relevant to the motion's claims and defenses.
- Legal Review: Have the affidavit or declaration reviewed by legal representation to ensure all statements are compliant and optimally support the motion.
Common Mistakes & How to Avoid Them
- Inclusion of irrelevant details: Focus only on facts that relate directly to the case to avoid dilution of key arguments.
- Lack of specificity: Ensure all statements are specific and cite precise incidents or facts with dates wherever possible.
- Not hiring legal representation: This can lead to missteps in the legal process; getting representation can help in crafting a more effective declaration or affidavit.
FAQ
Q: What is a genuine issue of material fact?
A: It's a fact that could potentially alter the outcome of the case, significant enough that it necessitates a trial to resolve differences between parties' claims.
Q: Can anyone prepare an affidavit?
A: While anyone can draft an affidavit, it must be signed under oath and is subject to perjury laws. Thus, it's recommended to prepare it with legal guidance.
How to fill out Nevada Affidavit Or Declaration In Support Of Motion To Stay Eviction Order?
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FAQ
A landlord or tenant who wants to appeal has only ten "judicial days" (which do not include weekends and legal holidays) from the date the eviction order or judgment is "entered" (filed with the court) to file the necessary documents with the court. (NRS 40.380.) CAUTION!
A Motion to Stay (Delay) Order for Summary Eviction allows the tenant to ask the court to "stay" (pause) a summary eviction and grant the tenant up to ten more days to move. (NRS 70.010(2); JCRCP 110.) A tenant can file a motion to stay at any time after an eviction notice is served.
In order to stope the eviction, the tenant must file a Tenant's Affidavit with the Justice Court explaining why you should not be evicted before the 5 days of the notice expires. You can respond to the eviction by filing the Tenant's Affidavit with the Justice Court explaining why you should not be evicted.
Nevada law requires a thirty-day notice to the tenant (or a seven-day notice if the tenant pays rent weekly), followed by a second five-day Notice to Quit for Unlawful Detainer (after the first notice period has elapsed) instructing the tenant to leave because tenant's presence is now unlawful.
What is summary eviction? Summary eviction is a very fast eviction process where the tenant must file a Tenant's Affidavit in court to contest an eviction before the landlord files anything. Eviction notices do not need to be filed with a court to be valid.
If the former landlord will agree to seal the eviction, then you can file a Stipulation to Seal that both you and your landlord sign. Otherwise the tenant must file a motion in the eviction case to seal an eviction record.
After the eviction is ordered, you may file a Notice of Appeal with the court that issued the eviction order. In order to stop the evic- tion pending the appeal, you must post a bond.
Information for Residential Tenants If you're a tenant, and you have been served a Seven-Day Notice to Pay Rent or Quit, you may file an Affidavit/Answer to contest the eviction. The Affidavit/Answer must be filed with the court within seven (7) judicial days following service of the eviction notice.