[Rev. 11/21/2013 8:56:50
CHAPTER 15 - PLEADINGS, MOTIONS AND ORDERS
NRS 15.010 Verification
NRS 15.030 Transfer
of motion when judge unable to hear parties.
NRS 15.040 Enforcement
of order for payment of money.
NRS 15.050 Vacation
or modification of order made out of court without notice.
NRS 15.010 Verification of pleadings.
1. In all cases of the verification of a
pleading, the affidavit of the party shall state that the same is true of the
party’s own knowledge, except as to the matters which are therein stated on the
party’s information and belief, and as to those matters that the party believes
it to be true. And where a pleading is verified, it shall be by the affidavit
of the party, unless the party is absent from the county where the attorneys
reside, or from some cause unable to verify it, or the facts are within the
knowledge of the party’s attorney or other person verifying the same.
2. When the pleading is verified by the
attorney, or any other person except the party, the attorney or other person
shall set forth in the affidavit the reasons why it is not made by the party.
3. When a corporation is a party, the
verification may be made by any officer thereof; or when the State, or any
officer thereof in its behalf, is a party, the verification may be made by any
person acquainted with the facts; except that in actions prosecuted by the
Attorney General, in behalf of the State, the pleadings need not, in any case,
4. In all cases where, by the foregoing
provisions, the verification may be made by the attorney, such verification may
be by the attorney made on information and belief if the facts are not within
the attorney’s knowledge.
5. The affidavit may be in substantially
the following form and need not be subscribed before a notary public:
Under penalties of perjury, the undersigned declares
that he or she is the ................................ (plaintiff, defendant)
named in the foregoing ................................ (complaint, answer) and
knows the contents thereof; that the pleading is true of his or her own
knowledge, except as to those matters stated on information and belief, and
that as to such matters he or she believes it to be true.
[1911 CPA § 122; A 1939, 20; 1931 NCL § 8620]—(NRS A
NRS 15.030 Transfer of motion when judge unable to hear parties. When a notice of a motion is given, or an
order to show cause is made returnable before a judge out of court, and at the
time fixed for the motion, or, on the return day of the order, the judge is
unable to hear the parties, the matter may be transferred by order of the judge
to some other judge before whom it might originally have been brought.
[1911 CPA § 423; RL § 5365; NCL § 8912]
NRS 15.040 Enforcement of order for payment of money. Whenever an order for the payment of a sum of
money is made by a court, it may be enforced by execution in the same manner as
if it were a judgment.
[1911 CPA § 424; RL § 5366; NCL § 8913]
NRS 15.050 Vacation or modification of order made out of court without
notice. An order made out of court
without notice to the adverse party, may be vacated or modified without notice
by the judge who made it, but such proceeding must be limited to the same record
upon which the order was made, or such order may be vacated or modified on
notice, in the manner in which others motions are made.
[1911 CPA § 424.01; added 1937, 26; 1931 NCL §