Mandatory Electronic Filing Starting on October 18th, 2018

Transcription

1 Mandatory Electronic Filing Starting on October 18th, 2018 Please disregard the filing instructions in this packet. You will need to sign up for an eflex account at Contact the Law Library, Self Help Center, or Filing Office for more information.

2 IMPORTANT THIS PACKET IS IN NO WAY INTENDED TO SUBSTITUTE FOR THE ADVICE OF A PRIVATE ATTORNEY. IMPORTANT If either party is in the military, special rules may apply and it is strongly recommended that you seek the advice of an attorney. Private Counsel is Always Recommended for Legal Matters. The law allows any person to represent themselves in a legal action. However, filing an action with the court and representing yourself in the courtroom can be a complicated legal procedure and this packet does not attempt to 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 document, read all the material included in this packet regarding custody, visitation, child support, and 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.

3 MOTION FOR TEMPORARY CHILD CUSTODY AND TEMPORARY CHLD SUPPORT Packet M-1 THIS PACKET IS NOT TO BE USED ALONE This packet is to be used ONLY: 1. With a Divorce Complaint Packet or with an Answer to a Divorce Complaint or with a Petition to Establish Custody and Visitation or with an Answer To Petition To Establish Custody and Visitation. 2. When you want an order from the court granting you custody of the children during the divorce or custody and visitation procedure. IMPORTANT GENERAL INFORMATION ABOUT THIS PACKET This packet is to be used only when there are no prior orders regarding custody. If there are orders from another court or in another action, it is important that you seek the guidance of private counsel or the Family Court Self-Help Center prior to filing this motion. This packet is not to be used to change or modify an existing child custody or child support order. There are special packets for use in those circumstances. If this motion is served on the other party at the same time as the Complaint or a Petition, the other party has the same amount of time to answer the Motion as they have to answer the Complaint or Petition. Usually twenty (20) calendar days. If this motion is filed after the Answer to a Complaint or Answer to a Petition is formally filed, the other party has ten (10) judicial days in which to file a response or opposition to the motion. There are two sets of instructions in this packet. OPTION 1 covers the filing and serving of this motion with the original Complaint or Petition. OPTION 2 covers the filing and serving of this motion with an Answer to the original Complaint or Petition, or after the Answer has been formally filed. REV 10/2013 ER 1 M1 INSTRUCTIONS

4 Read the instructions carefully and use only that procedure which is appropriate in your circumstances. The steps, as outlined, should be followed carefully, fully, and in order. Take special notice of how the documents are to be filled out, how they are to be copied, how they are to be filed, and how they are to be served on the other party or the other party s lawyer. 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 or blue ink and print neatly. DO NOT USE ANY WHITE-OUT ON THE DOCUMENTS. The documents will not be accepted for filing if there is any white-out on the pages. 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 The forms included in this Packet are: 1. Motion for Temporary Child Custody and Temporary Child Support 2. Proof of Service (If this Motion is being served with an initial Complaint or Petition, the Proof of Service will not be used.) 3. Reply to Response 4. Request for Submission 5. Proof of Service NOTE: There are two Proofs of Service included in this packet. If you are filing this Motion with an initial Complaint or Petition you will not need the first Proof of Service. If you are filing this Motion with an Answer or after an Answer has been filed to the initial Complaint or Petition, you will need both Proofs of Service. Copying and Filing the Documents You are responsible for the proper copying and filing of the documents. It would be wise to make the necessary copies prior to coming to the Filing Clerk s Office to file them in. The Filing Clerk may make copies of your documents for you if you request copies be made and the Clerk has time. However, the charge for making copies is $0.50 per page. Usually, you will need at least two copies of all documents filed, in addition to the original documents. If exhibits are attached to the original documents, a copy of the exhibits must be attached to each of the copies. REV 9/ M-1

5 The Filing Clerk s Office will not put your documents together for you to file. It is your responsibility to see to it that the documents are stapled together correctly for filing. When documents are filed with the Filing Clerk, be sure to take the original and the copies with you to the Filing Clerk s Office. The Filing Clerk will keep the original documents and will give you back the copies after they have been file stamped, except for orders. Orders that are submitted for consideration by the Judge will be kept by the File Clerk and sent to the Judge with the other documents. Location of the Filing Clerk s Office The Filing Clerk s Office is located on the first floor of the courthouse at 75 Court Street, Reno, NV. OPTION 1 IF THIS MOTION IS GOING TO BE SERVED WITH THE COMPLAINT OR PETITION STEP 1 Filling In the Motion Starting in the upper left hand corner, fill in your name, address and telephone number. Fill in the heading just as it appears on your other documents. Carefully fill in the information as directed throughout the document. Be aware that you will fill in either the questions on employment or unemployment, depending upon whether the other party is employed or not. Do not answer both sets of questions. One set must be filled in as not applicable. You have the opportunity to attach exhibits to the motion such as copies of school records of the children, copies of medical records of the children, and anything else that is relevant to your position in the motion. Complete the Declaration in Support of Motion. STEP 2 Copying and Filing the Documents After signing the motion, make two (2) copies of the motion and any attachments and/or exhibits to the motion, being sure to make copies of all attachments and/or exhibits you are including with the motion, so that each copy of the motion is a complete copy of the original that is being filed. REV 9/ M-1

6 The motion will be filed at the same time as the Complaint or the Petition. Just as with the other documents being filed, the Clerk will keep the original and return the two file stamped copies to you. One is for your records and the other is to be served on the other party at the same time the Complaint or Petition is served. STEP 3 Copying and Filing the Proof of Service The importance of filling out and filing the Proof of Service cannot be emphasized strongly enough! Without the proper filing of the Proof of Service, the court cannot even look at your motion when the time comes to submit it to the court for a decision. The Proof of Service is to be filled in and signed by the person who personally serves the motion with the Complaint or Petition. If the Sheriff s Department serves the Complaint or Petition for you, you must fill in the heading on the Proof of Service and give the Civil Division the Proof of Service to complete after it is served. The Sherriff s Department also may have its own paperwork to file to prove service. The Sheriff s Department will file the necessary proof of service directly with the Filing Office. If you have a friend or relative serve the Complaint or Petition and the motion, fill in the heading on the Proof of Service and then have that person fill in the rest of the information and sign the Proof of Service. The title of the document being served must be entered as Motion for Temporary Child Custody and Temporary Child Support. After the Proof of Service is signed, one copy must be made of the document. The Proof of Service and the copy must then be filed with the Filing Clerk. The Filing Clerk will keep the original and return the copy to you for your files. MARK YOUR CALENDAR AND WAIT The other party has twenty (20) calendar days in which to file a response or opposition to the motion. The response or opposition should be filed at the same time the other party files his or her answer to your complaint or petition. If the other party responds to or opposes the motion, you have five (5) judicial days in which to reply to the response or opposition. IF THE OTHER PARTY FILES A RESPONSE TO THE MOTION, GO TO STEP 4 IF THE OTHER PARTY DOES NOT FILE A REPONSE TO THE MOTION AFTER THE TWENTY (20) CALENDAR DAYS HAS EXPIRED, GO TO STEP 6 REV 10/2013 ER 4 M1 INSTRUCTIONS

7 STEP 4 Usually if there is a response or opposition to your motion, it will be filed and served on you with the Answer to your Complaint or Petition. When you receive the Response to your motion from the other party, you have five (5) judicial days in which to reply to what the other party has written in the response. Your reply is limited to strictly what the other party refers to in his or her response. No new issues can be written about in your Reply. New issues that you want to bring up must be done in another motion. Filling In and Filing the Reply to Response to Motion and Request for Submission In the upper left hand corner, fill in your name, address and telephone number, and the heading of the case just as it appears on your other documents. Follow the directions as printed on the form and fill in the information required. State specifically if you agree or disagree with what the other party states in his or her Response. If you need more room, you may attach more sheets to your Reply. Be sure you write only on one side of the paper. If you are requesting a hearing be held on your Motion, indicate that and the reason you feel a hearing is necessary. Complete the Declaration in Support of Reply. At this time the Request for Submission must also be filled in. The Request for Submission actually directs the Filing Clerk to send the file from the Clerk s Office to the judge for consideration and a ruling on your Motion. The judge and the judge s law clerk, up to this time, have not seen your Motion or any of the other documents filed. The Request for Submission is a simple form. Fill in the heading of the case just as it appears on all the other documents. Print the name of the motion submitted as Motion for Temporary Custody and Temporary Child Support and the date your Motion was filed. That date is the file stamped date on your Motion. Make two (2) copies of your Reply and two (2) copies of the Request for Submission after they are filled out and signed. The original and the two copies must be taken to the filing Clerk s Office and filed in. The Clerk will keep the original of each documents and file stamp the copies and return the filed stamped copies to you. One copy is your copy and the other copy must be served on the other party or the other party s lawyer. These documents may be served either by mail or personally, and they can be served by you. REV 10/2013 ER 5 M1 INSTRUCTIONS

8 After you either mail the Reply and Request for Submission or personally serve the documents on the other party or the other party s attorney, the second Proof of Service must be filled in and filed. Without the second Proof of Service showing your Reply and the Request for Submission were served on the other party or the other party s lawyer, the court cannot consider your Motion. The second Proof of Service in the packet: STEP 5 The Second Proof of Service in the Packet 1. Fill in the required information. List the document that was served as Reply to Response and Request for Submission. 2. Make two (2) copies. 3. Take the original and the two copies to the Filing Clerk s Office for filing. If The Other Party Does Not Respond Within The Twenty (20) Calendar Days REV 10/2013 ER STEP 6 If the other party does not respond to your motion within the twenty (20) calendar days, you may file the Request for Submission form. You will not use the Reply to Response to Motion if the other party has not filed a Response. BEFORE YOU FILE THE REQUEST FOR SUBMISSION If the other party files a Response, you should be served with a copy of the Response. However, there is always the chance the other party did not serve you with a copy. Therefore, before you file the Request for Submission, you should check with the Filing Clerk s Office to see if a Response was filed by the other party and just not served on you. If it is on file, you may want to file a Reply to whatever the other party has written before filing your Request for Submission. If the other party has not filed a Response, you may go forward and file the Request for Submission. The Request for Submission actually directs the Filing Clerk to send the file from the Clerk s Office to the judge for consideration and a ruling on your Motion. The judge and the judge s law clerk, up to this time, have not seen your Motion, or any of the other documents filed. Filing In and Filing the Request for Submission The Request for Submission is a simple form. Fill in the heading of the case just as it appears on all the other documents. Print the name of the motion submitted as Motion for Temporary Custody and Temporary Child Support and the date your Motion was filed. That date is the file stamped date on your Motion. 6 M1 INSTRUCTIONS

9 Make two (2) copies of the Request for Submission after it is filled out and signed. The original and the two copies must be taken to the Filing Clerk s Office and filed in. The Clerk will keep the original and file stamp the copies and return the filed stamped copies to you. One copy is your copy and the other copy must be served on the other party or the other party s lawyer. These documents may be served either by mail or personally, and they can be served by you. Once the Request for Submission is served on the other party or the other party s lawyer, the second Proof of Service must be filled in, copied and filed with the Filing Clerk. If the second Proof of Service is not filed with the Filing Clerk, the judge will not be able to consider your Motion. The Second Proof of Service in the Packet The second Proof of Service in the packet is to be filled out and filed with the Filing Clerk immediately after the Request for Submission is served on the other party or mailed to the other party. The second Proof of Service in the packet: 4. Fill in the required information. The document served is Request for Submission. 5. Make two (2) copies. 6. Take the original and the two copies to the Filing Clerk s Office for filing. AFTER THE DOCUMENTS HAVE BEEN FILED AND SUBMITTED At this point, the judge will consider the Motion and all other documents on file in the case and then issue an Order. The Order will be mailed to both parties and may require more documentation to be filed, or it may require a hearing to be set, or it may make a final decision on the Motion based upon the documents presented to the Court. It is up to you to follow-up on your Motion. Because of the tremendous volume of cases in the Family Court system, there is always the possibility of paperwork being delayed. If you do not hear from the court within a two-week period after you file your Request for Submission and final Proof of Service, you may call the Filing Clerk s Office and check on the status of your case. REV 10/2013 ER 7 M1 INSTRUCTIONS

10 OPTION 2 IF THIS MOTION IS GOING TO BE FILED AND SERVED WITH AN ANSWER OR FILED AND SERVED AFTER AN ANSWER HAS PREVIOUSLY BEEN FILED If this motion is going to be filed and served with an answer, or after an answer has formally been filed and served, the timing and procedure is quite different than what happens in Option 1. In this set of circumstances, the other party has only ten (10) judicial days in which to respond to the motion, not twenty (20) calendar days to respond, as in Option 1. STEP 1 Filling in Motion Starting in the upper left hand corner, fill in your name, address and telephone number. Complete the heading as it appears on the other documents. The heading never changes. If you are named as the Plaintiff or Petitioner on the original documents, you will always be named as the Plaintiff or Petitioner. If you are the Defendant or Respondent on the original documents, your name will always appear as the Defendant or Respondent on documents that are filed. The Case No. and Dept. No. also remain the same on all documents. Carefully fill in the information as directed throughout the documents. Fill in either the questions if the party is employed or the questions if the party is unemployed at this time. Do not answer both sets of questions. One set must be filled in as not applicable. You have the opportunity to attach exhibits to the motion such as copies of school records of the child(ren), copies of medical records of the child(ren), and anything else that is relevant to your position in the motion. Complete the Declaration in Support of Motion. STEP 2 Copying and Filing the Documents After signing the motion, make two (2) copies of the motion and any attachments and/or exhibits to the motion, being sure to make copies of all attachments and/or exhibits you are including with the motion, so that each copy of the motion is a complete copy of the original that is being filed. If you are going to serve this motion with the Answer, it will be filed at the same time as your Answer and served on the other party at the same time as your Answer is served. REV 10/2013 ER 8 M1 INSTRUCTIONS

11 When this motion is filed, the Clerk will keep the original and return the two file stamped copies to you. One is for your records and the other is to be served on the other party. This motion may also be filed and served by either party after the formal Answer has been filed and served. STEP 3 Filling In and Filing the Proof of Service The importance of filling out and filing the Proof of Service cannot be emphasized strongly enough! Without the proper filing of the Proof of Service, the court cannot even look at your motion when the time comes to submit it to the court for a decision. When you serve this motion with the Answer or as an independent document, the Proof of Service must be filled out and signed by the person who actually either personally serves the motion or who mails the motion. If the Sheriff s Department serves the motion for you, with the Answer, you must fill in the heading on the Proof of Service and give the Sheriff s Department the Proof of Service to complete after it is served. The Sheriff s Department also may have its own paperwork to file to prove service. The Sheriff s Department will file the necessary proof of service directly with the filing office. If you have a friend or relative serve the motion, fill in the heading on the Proof of Service and then have that person fill in the rest of the information and sign the Proof of Service. Service of this motion may also be made directly by you either by mail or personally on the other party. If you mail the motion or serve it on the other party or the other party s attorney, you must fill out the Proof of Service and sign it. The title of the documents served must be entered as Motion for Temporary Child Custody and Temporary Child Support. After the Proof of Service is signed, one copy must be made of the document. The Proof of Service and the copy must then be filed with the Filing Clerk. The Filing Clerk will keep the original and return the copy to you for your files. MARK YOUR CALENDAR AND WAIT The other party has ten (10) judicial days in which to respond to our oppose the motion if the motion was personally served. If the motion was mailed, the other party has ten (10) judicial days plus three (3) calendar days from the day of mailing to respond. If the other party responds to or opposes the motion, you have five (5) judicial days in which to reply to the response or opposition if the response was personally served, and five (5) judicial days plus three (3) calendar days from the postmarked date if the response was mailed to you. REV 10/2013 ER 9 M1 INSTRUCTIONS

12 IF THE OTHER PARTY FILES A RESPONSE TO THE MOTION, GO TO STEP 4 IF THE OTHER PARTY DOES NOT FILE A RESPONSE TO THE MOTION, GO TO STEP 6 STEP 4 Usually if there is a response or opposition to your motion, it will be filed and served on you by the other party. When you receive the Response to your motion from the other party, you have five (5) judicial days in which to reply to what the other party has written in the response, if the response was personally served on you. If the Response was served by mail, you have five (5) judicial days plus three (3) calendar days from the postmarked date to reply. Your reply is limited to strictly what the other party refers to in his or her response. No new issues can be brought up in your Reply. New issues that you want to bring up must be done in another Motion. Filling In the Filing the Reply to Response to Motion and Request for Submission In the upper left hand corner, fill in your name, address and telephone number and the heading of the case just as it appears on your other documents. Follow the directions as printed on the form and fill in the information required. This is your opportunity to answer, agree or disagree with what the other party states in his or her Response. If you need more room, you may attach more sheets to your reply. Be sure you write only on one side of the paper. If you are requesting a hearing be held on your Motion, indicate that and the reason you feel a hearing is necessary. Complete the Declaration in Support of Reply. At this time, the Request for Submission must also be filled in. The Request for Submission actually directs the Filing Clerk to send the file from the Clerk s Office to the judge for consideration and a ruling on your Motion. The judge and the judge s law clerk, up to this time, have not seen your Motion or any of the other documents filed. The Request for Submission is a simple form. Fill in the heading of the case just as it appears on all other documents. Print the name of the document served as Motion for Temporary Custody and Temporary Child Support and the date your Motion was filed. That date is the file stamped date on your Motion. REV 10/2013 ER 10 M1 INSTRUCTIONS

13 Make two (2) copies of your Reply and two (2) copies of the Request for Submission after they are filled out and signed. The original and the two copies must be taken to the Filing Clerk s Office and filed in. The Clerk will keep the original of each document and file stamp the copies and return the file stamped copies to you. One copy is your copy and the other copy must be served on the other party or the other party s lawyer. These documents may be served either by mail or personally, and they can be served by you. After you either mail the Reply and Request for Submission or personally serve the documents on the other party or the other party s attorney, the second Proof of Service must be filled in and filed. Without the second Proof of Service showing your Reply and the Request for Submission were served on the other party or the other party s lawyer, the court cannot consider your Motion. STEP 5 The Second Proof of Service in the Packet The second Proof of Service in the packet: 7. Fill in the required information. List the document that was served as Reply to Response and Request for Submission 8. Make two (2) copies 9. Take the original and the two copies to the Filing Clerk s Office for filing. If the Other Party Does Not Respond Within the Ten (10) Judicial Days STEP 6 If the other party does not respond to your motion within the ten (10) judicial days, you may file the Request for Submission form. You will not use the Reply to Response to Motion form if the other party has not filed a Response. BEFORE YOU FILE THE REQUEST FOR SUBMISSION If the other party files a Response, you should be served with a copy of the Response. However, there is always the chance the other party did not serve you with a copy. Therefore, before you file the Request for Submission, you should check with the Filing Clerk s Office to see if a Response was filed by the other party and just not served on you. If it is on file, you may want to file a Reply to whatever the other party has written before filing your Request for Submission. If the other party has not filed a Response, you may go forward and file the Request for Submission. REV 10/2013 ER 11 M1 INSTRUCTIONS

14 The Request for Submission actually directs the Filing Clerk to send the file from the Clerk s Office to the judge for consideration and a ruling on your Motion. The judge and the judge s law clerk, up to this time, have not seen your Motion, or any of the other documents filed. Filling In and Filing The Request for Submission The Request for Submission is a simple form. Fill in the heading of the case just as it appears on all the other documents. Print the name of the document served as Motion for Temporary Custody and Temporary Child Support and the date your Motion was filed. That date is the file stamped date on your Motion. Make two (2) copies of the Request for Submission after it is filled out and signed. The original and the two copies must be taken to the filing Clerk s Office and filed in. The Clerk will keep the original and file stamp the copies and return the file stamped copies to you. One copy is your copy and the other copy must be served on the other party or the other party s lawyer. These documents may be served either by mail or personally, and they can be served by you. Once the Request for Submission is served on the other party or the other party s lawyer, the second Proof of Service must be filled in, copied and filed with the Filing Clerk. If the second Proof of Service is not filed with the Filing Clerk, the judge will not be able to consider your Motion. The Second Proof of Service in the Packet The second Proof of Service in the packet is to be filled out and filed with the Filing Clerk immediately after the Request for Submission is served on the other party or mailed to the other party. The second Proof of Service in the packet: Fill in the required information. The document served is the Request for Submission. Make two (2) copies Take the original and the two copies to the Filing Clerk s Office for filing AFTER THE DOCUMENTS HAVE BEEN FILED AND SUBMITTED At this point, the judge will consider the Motion and all other documents on file in the case and then issue an Order. The Order will be mailed to both parties and may require more documentation to be filed, or it may require a hearing to be set, or it may make a final decision on the Motion based upon the documents presented to the court. It is up to you to follow up on your Motion. Because of the tremendous volume of cases in the Family Court system, there is always the possibility of paperwork being delayed. If you do not hear form the court within a two-week period after you file your Request for Submission and final Proof of Service, you may call the Filing Clerk s office and check on the status of your case. REV 9/ M-1

15

16 Code: 2220 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, vs., Defendant. / Case No. Dept.No. MOTION FOR TEMPORARY CUSTODY AND CHILD SUPPORT, acting in proper person, moves this Court (Your Name) for an Order granting me temporary custody of the following minor children: NAME AGE (The other party s name) (has or has not) REV 9/ M-1 MOTION

17 been paying towards the support of the children in the amount of $ per.. (If the other party has been paying towards the support of the children, state the amount per week or month. If the other party has not been paying, print not applicable in the spaces.) This Motion is made and based on the attached Points and Authorities, my Affidavit and the pleadings, papers and records on file including my Financial Declaration. 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) REV 9/ M-1 MOTION

18 POINTS AND AUTHORITIES The other party and I separated on and the children have (Date of Separation) lived with since the date of (Name of Person with whom children live). has had the primary responsibility for the care of the (Name of person that has been the primary caretaker of the children) children since (State date or period of time person named has been the primary caretaker of the children) I believe it is in the best interests of the children for this Court to enter an Order granting me temporary physical custody of the children because: Fully explain why you should be granted temporary physical custody of the child(ren) (If more room is needed, attached additional sheets of paper but be sure to write only on one side and identify it clearly as a continuation of this answer) REV 9/ M-1 MOTION

19 is at this time. (The other party s name) (Employed or unemployed) If the other party is employed, answer the following questions. If the other party is unemployed, print not applicable in the blanks and go on to the next section. is employed by (The other party s name) (Employed or unemployed) and has been employed there for. (State how many weeks, months, years) earns $ per (The other party s name) (Amount) (Hour, week, month, year) Answer the following only if the other person is unemployed. If you have answered the questions above, then print not applicable in the spaces in this section. has been unemployed since (Other party s name) At that time, was employed by and earning (He or she) (Name of last employer) $ per. (Amount) (Hour, week, month, year) (Date of last employment) collecting unemployment at this time. (Other party s name) collecting Social Security Benefits at this time. (Other party s name) (Is or is not) (Is or is not) At the present time, I receiving welfare benefits for the children. (Am or am not) If you are receiving welfare benefits for the child(ren), state what benefits you are receiving. If you are not receiving benefits, print not applicable in the space below. At the present time I have a child support action filed with the District (Do or do not) REV 9/ M-1 MOTION

20 Attorney s Office, Family Support Division. I am requesting that this Court enter an order granting me temporary custody of the children and temporary child support in the amount of $ per month. I am requesting that this Court enter an order stating that the child support payment be due and payable to me on or before the day of each month. it. The following is the Law regarding temporary custody and child support, as I understand LAW Nevada Revised Statue gives this Court the jurisdiction to enter temporary child custody and child support orders. Nevada Revised Statue specifically gives this Court the jurisdiction to enter temporary child support orders. It is under these laws that I request temporary child custody and temporary child support. 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) REV 9/ M-1 MOTION

21 IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE * * * ) ) ) ) vs. ) ) ) ) ) ) FAMILY DIVISION 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 to modify or adjust a final order that was issued pursuant to chapter 125, 125B or 125C 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 2. If no, you do not need to answer any other questions. 2. 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 found on the front page of the Judge s Order. B. If you answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt from the filing fee. However, if the Court later determines you should have paid the filing fee, your motion will not be decided until the fee is paid. I affirm that the answers provided on this Notice are true. Date:, Signature: Print Name: Print Address: Telephone Number: Date Rev. 10/24/2002

22 Code: 3720 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 1/2016 ER 1 PROOF OF SERVICE

23 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) 2. 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 1/2016 ER 2 PROOF OF SERVICE

24

25 Code: 3790 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, vs. Defendant. / Case No. Dept. No REPLY TO RESPONSE TO MOTION I,, reply to the Response to Motion filed by (Your name) on for the (Name of other party) (Date reply was filed) following reasons: State very specifically your reply to the other party s response or opposition. REV 10/2009 AA 1

26 (If more space is needed to explain your reply, attach more sheets but be sure to write only on one side of the sheets.) I request a hearing on this matter. (Do or do not) If a hearing is requested, please state why you feel a hearing is necessary: 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. DATED this day of, 20. (Signature) 28 REV 10/2009 AA 2

27 Code: 3860 Name: Address: Telephone: Self-Represented Litigant IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, Plaintiff / Petitioner / Joint Petitioner, vs., Defendant / Respondent / Joint Petitioner. IN AND FOR THE COUNTY OF WASHOE / Case No. Dept. No. REQUEST FOR SUBMISSION I,, request that the (Print your name) that was filed on (Name of the document to be submitted to the Court) be submitted to the Court for decision. (Date the document was filed with the Court) This document does not contain the Social Security Number of any person. Date: Signature: Print Your Name: REV 11/2014 ER 1 REQUEST FOR SUBMISSION

28 Code: 3720 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 1/2016 ER 1 PROOF OF SERVICE

29 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) 2. 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 1/2016 ER 2 PROOF OF SERVICE