EX PARTE MOTION NON-EMERGENCY E-8

Transcription

1 EX PARTE MOTION NON-EMERGENCY E-8 The District Court Filing Office is located on the first floor at 75 Court Street Reno, NV 89501

2 ATTENTION THIS PACKET IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY IMPORTANT If either party is in the military, special rules may apply and it is recommended you seek the advice of an attorney. Counsel Is Always Recommended For Legal Matters The law allows any person to represent himself or herself in a legal action. However, filing papers with the court and representing yourself in the courtroom can involve complicated legal issues. This packet does not address all the legal issues involved in bringing your matter before the court. This packet is created to help you access the legal system without the assistance of an attorney. When representing yourself, you are responsible for understanding the law that governs your case and for filing the proper legal documents. The laws and rules are set out in the Nevada Revised Statutes, The Rules of Civil Procedure, and the local rules governing the jurisdiction in which you are filing your documents. When you sign these documents and present them for filing with the court, it is assumed by the court that you have carefully read the documents, that you understand all the terms in the documents, that you agree with all the provisions in the documents, and that you are aware of all the consequences those provisions may produce. Before filling in any portion of the following documents, read all the materials included in this packet including the definitions of terms. THIS INFORMATION IS PROVIDED AS A COURTESY ONLY. THE COURT, SELF-HELP CENTER, NON-PROFIT ORGANIZATION, OR LAW LIBRARY THAT MAY PROVIDE THIS INFORMATION SHALL NOT BE LIABLE FOR ERRORS CONTAINED HEREIN OR FOR DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE FURNISHING OF THIS MATERIAL. REV 7/010 AA

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4 EX-PARTE MOTION NON-EMERGENCY PACKET E -8 IMPORTANT GENERAL INFORMATION ABOUT THIS PACKET This packet is usually used ONLY when filing an Ex Parte Motion that is not an emergency and to request an order from the court that does not affect the other party s rights, such as a request to appear at a hearing by telephone. If you have questions as to whether this packet is appropriate in your circumstances, please speak with a private attorney or the Self-Help Center for guidance. The forms do not have to be typed, but if you are filling the spaces in by hand, be sure to use a pen with black ink and print neatly. The penalty for making a false statement in a declaration that is made under penalty of perjury is a minimum of 1 year and a maximum of 4 years in prison, with the possibility of an additional fine of $5000 or more if authorized or required by statue. See N.R.S STEP 1 Filling In the Ex Parte Motion Starting in the upper left hand corner, fill in your name, address and telephone number. The heading on this Ex Parte Motion will be the same as on the other documents filed in your case. If you are named as the Plaintiff or Petitioner on the other documents, print your name on the appropriate line. If the other party is named as the Plaintiff or Petitioner, print the other party s name on the line for Plaintiff or Petitioner. The Case No. and Dept. No. are the same as appear on your other documents in this case. Enter those on the lines indicated. You must fill in the proper case number and department number. Carefully follow the instructions that are printed on the form. REV 11/010 AA 1 E-8

5 STEP Copying and Filing the Ex Parte Motion After signing the Ex Parte Motion, make two () copies of the Ex Parte Motion and any attachments and/or exhibits to the Ex Parte Motion. Be sure to make copies of all attachments and/or exhibits you are including with this Ex Parte Motion so that each copy is a complete copy of the original that is being filed. Take the original and the copies of the Ex Parte Motion and all attachments and/or exhibits to the Filing Office located at on the first floor of the courthouse at 75 Court Street, Reno, NV to file in the documents. The Filing Clerk will keep the original documents and will give you back the filestamped copies. STEP 3 Now you wait to hear from the Court. The court will usually mail you an order addressing your request. The court may grant your request without anything further being filed; the court may deny your request and give you further instructions on how the matter should be handled; or the court may instruct you to file additional documentation to substantiate or clarify your request. STEP 4 Even though the other party may not be immediately notified of this motion, he or she does have the right to be noticed that something has been filed in the case and an order has been issued. A copy of the Motion and any Order that may be a result of the motion must be served on the other party either by mail or in person, depending upon the circumstances. If you do not know the other party s mailing address, you must mail the copies to the last address listed in the court file. Filling In and Filing the Proof of Service The Proof of Service is to be filled in and signed by the person who served or mailed the documents. Print your name and address and telephone number in the upper left hand corner. Fill in the heading as it appears on your other documents. The rest of the Proof of Service must be completed and signed by the person who serves the documents on the other party. After the Proof of Service is filled in and signed, one copy of it must be made and the original and the copy must be filed with the filing clerk. The filing clerk will keep the original and return the file stamped copy to you. REV 11/010 AA E-8

6 Rule 43. Ex parte orders within the family division. 1 Reasonable notice. (a) Except as set forth below, the party requesting an ex parte order shall give reasonable notice to the opposing party, or his or her counsel. (b) Reasonable notice includes the date, time and place the request will be made. (c) Reasonable notice must afford the opposing party 4 hours within which the application may be opposed. Notice exceptions. (a) A party is excused from giving such notice where notice would frustrate the very purpose of the order or cause the party or child to suffer immediate and irreparable injury. (1) Where the order mutually restrains the parties from transferring, encumbering, hypothecating, concealing or in any way disposing of any property, real or personal, whether community or separate, except in the usual course of business or for the necessities of life; () Where the order mutually restrains the parties from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance coverage, including life, health, automobile, and disability coverage; (3) Where the order mutually restrains the parties from cashing, borrowing against, canceling, transferring, disposing of retirement benefits or pension plans for the benefit (or election for benefit) of the parties or their minor child or children; (4) Where a child s health and safety is in danger; or (5) Where such other circumstances exist as the court may find to warrant the issuance of an order without notice. 3 Automatic hearing. (a) No hearing shall be held on an ex parte order entered under subsections (b)(1), () and (3) herein above. (b) All other ex parte orders shall be heard within 10 days of their entry. (c) The hearing date shall be stated in the ex parte order. (d) This rule shall not apply to temporary orders for protection against domestic violence. REV 8/010 AA RULE 43 EX PARTE ORDERS

7 IMPORTANT BEFORE YOU START READ ALL INSTRUCTIONS CAREFULLY Do NOT use Wite-Out or other correction fluid/tape on the documents. The Filing Office will not accept documents with Wite-Out or other correction fluid/tape on them. Use Black Ink PRINT all information neatly REV 7/010 AA

8 Code: 1670 Name: Address: Telephone: Self-Represented Litigant IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE Plaintiff/Petitioner, vs. Defendant/Respondent. / Case No. Dept. No EX PARTE MOTION FOR/TO I,, acting in Proper Person, hereby move (Your name) this Court, to issue an Order without notice to. (The other party s name) This Order should be granted under the provisions of Washoe District Court Rule 43 because circumstances exist that warrant the issuance of such an order without notice to the other party. Those circumstances are: Revised 11/010 AA 1 E-8 EX PARTE MOTION

9 State what you want the Court to order. If you have more than one request, clearly list and number each request. Do not explain your request(s) in detail here. I request that the Court issue an Order Fully explain why you have filed this Ex Parte Motion and why you believe your request(s) should be granted. (If you need more space than is provided, you may attach additional sheets of paper. Be sure that you write only on one side of the paper and clearly identify it as a continuation of this explanation.) This document does not contain the Social Security number of any person. I declare, under penalty of perjury under the law of the State of Nevada, that the foregoing is true and correct. Date: (Signature) Revised 11/010 AA E-8 EX PARTE MOTION

10 IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE * * * ) ) ) ) vs. ) ) ) ) ) ) FAMILY COURT MOTION/OPPOSITION NOTICE (REQUIRED) CASE NO. DEPT. NO. NOTICE: THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE LAST PAGE to every motion or other paper filed pursuant to chapter 15, 15B or 15C of NRS and to any answer or response to such a motion or other paper. A. Mark the CORRECT ANSWER with an X. YES NO 1. Has a final decree or custody order been entered in this case? If yes, then continue to Question. If no, you do not need to answer any other questions.. Is this a motion or an opposition to a motion filed to change a final order? If yes, then continue to Question 3. If no, you do not need to answer any other questions. 3. Is this a motion or an opposition to a motion filed only to change the amount of child support? 4. Is this a motion or an opposition to a motion for reconsideration or a new trial and the motion was filed within 10 days of the Judge s Order? IF the answer to Question 4 is YES, write in the filing Date date found on the front page of the Judge s Order. B. If you answered NO to either Question 1 or or YES to Question 3 or 4, you are exempt from the $5.00 filing fee. However, if the Court later determines you should have paid the filing fee, your motion will not be decided until the $5.00 fee is paid. I affirm that the answers provided on this Notice are true. Date:, Signature: Print Name: Print Address: Telephone Number: Rev. 10/4/00

11 Code: 3860 Name: Address: Telephone: Self-Represented Litigant IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE Plaintiff/Petitioner, vs. Defendant/Respondent. / Case No. Dept. No REQUEST FOR SUBMISSION OF EX PARTE MOTION I,, request that the Ex Parte Motion (print your name here) filed on, (Print the name of the Ex Parte Motion) (Date the Ex Parte Motion was filed) be submitted to the Court for it s consideration and Order. This document does not contain the Social Security number of any person. DATED this day of, 0. Signature: Print Your Name: REVISED 11/010 AA EX PARTE MTN REQ. FOR SUBMISSION

12 Code: 370 Name: Address: Telephone: Self-Represented Litigant IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE , Plaintiff / Petitioner / Joint Petitioner, vs., Defendant / Respondent / Joint Petitioner. PROOF OF SERVICE (Name of document(s) served) Case No. Dept. No. Pursuant to Nevada Rule of Civil Procedure 5(b), I served a true and correct copy of the / filed on in the manner(s) and at the location(s) described below. A copy (Date of filing) of this Proof of Service has been mailed or personally delivered to all parties or their lawyer. Service Description Fill in the information requested on the next page for each person who has been served. If a person was served by United States Postal Service certified mail, you must attach the return receipt to this document. REV 1/016 ER 1 PROOF OF SERVICE

13 1 A copy of the above named document(s) was served upon the following people: Name: Date: (Name of the person who was served) By: Personal service OR Service by U.S. Mail, postage prepaid OR Certified mail, return receipt attached OR Other: Address: (Mailing address or physical address where service took place). Name: Date: (Name of the person who was served) (Date of service: month / day / year) (Date of service: month / day / year) By: Personal service OR Service by U.S. Mail, postage prepaid OR Certified mail, return receipt attached OR Other: Address: (Mailing address or physical address where service took place) If more room is needed, attach additional sheets This document does not contain the Social Security Number of any person. I declare under penalty of perjury, under the law of the State of Nevada, that the foregoing statements are true and correct Date: Signature: Print Your Name: REV 1/016 ER PROOF OF SERVICE