EX PARTE MOTION AND ORDER FOR AN ORDER SHORTENING TIME (ALSO KNOWN AS AN OST )

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1 EX PARTE MOTION AND ORDER FOR AN ORDER SHORTENING TIME (ALSO KNOWN AS AN OST EXPLANATION OF AN ORDER SHORTENING TIME By local court rule, a motion cannot be heard in less than 21 days from the day that it is filed unless the Court shortens the waiting time for the hearing. The way to ask the Court to shorten the waiting time for the hearing is to file an Ex Parte Motion for an Order Shortening Time which asks the judge to sign an Order Shortening Time. These documents are used when there is an emergency that cannot wait at least 21 days for a hearing. YOU CAN USE THIS EX PARTE MOTION FOR AN ORDER SHORTENING TIME AND THIS ORDER SHORTENING TIME IF: # You have filed a motion (i.e., a motion for custody/visitation/child support, etc. and have been given a hearing date and time for that motion # Your motion cannot wait until the date you were given for the hearing because there is an emergency Clark County Family Law Self-Help Center OST.PAM2 (#50 January 2, 2001 Please call the Self-Help Center to confirm most current version.

2 INSTRUCTIONS FOR EX PARTE MOTION AND ORDER FOR AN ORDER SHORTENING TIME (ALSO KNOWN AS AN OST * * * IMPORTANT DISCLOSURE * * * THIS INFORMATION IS PROVIDED AS A COURTESY ONLY. THE SELF-HELP CENTER SHALL NOT BE LIABLE FOR ERRORS CONTAINED HEREIN OR FOR DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE FURNISHING OF THIS MATERIAL. MANY FAMILY LAW MATTERS INVOLVE COMPLEX AND VALUABLE LEGAL RIGHTS. THESE FORMS AND INSTRUCTIONS ARE BASIC, GENERAL FORMS, AND MAY NOT FIT ALL SITUATIONS. SOME RIGHTS CANNOT BE ADEQUATELY PROTECTED WITHOUT THE ASSISTANCE OF AN ATTORNEY. YOU SHOULD CONSULT WITH AN ATTORNEY BEFORE YOU ATTEMPT TO USE SELF-HELP. * * * * * I. EXPLANATION OF AN ORDER SHORTENING TIME A. By local court rule, a motion cannot be heard in less than 21 days from the day that it is filed unless the Court shortens the waiting time for the hearing. The way to ask the Court to shorten the waiting time for the hearing is to file an Ex Parte Motion for an Order Shortening Time which asks the judge to sign an Order Shortening Time. These documents are used when there is an emergency that cannot wait at least 21 days for a hearing. B. You can use this Ex Parte Motion For an Order Shortening Time and Order Shortening Time if: # You have filed a motion (i.e., a motion for custody/visitation/child support, etc. and have been given a hearing date and time for that motion Clark County Family Law Self-Help Center OST.4IN(#50 November 30, 2001

3 # Your motion cannot wait until the date you were given for the hearing because there is an emergency C. This package should contain the following documents: # Instructions for Ex Parte Motion For an Order Shortening Time and Order Shortening Time # Ex Parte Motion For an Order Shortening Time # Order Shortening Time # Notice of Entry of Order # Receipt of Copy # Affidavit of Service # Court information class flyer # List of telephone numbers for the judges staffs and Court Clerks II. STEP 1: PREPARE YOUR PAPERWORK NOTE: WHEN FILLING OUT ANY FORM, YOU MUST USE BLACK INK. PRINT CLEARLY. THE CLERK S OFFICE WILL NOT FILE YOUR DOCUMENT IF THE HANDWRITING IS HARD TO READ. Note: You must file and get a hearing date for the motion that you want to be heard (i.e., your motion for custody/visitation/support, etc. before you can ask the judge to sign an Order Shortening Time. A. THE CAPTION: The caption is the portion of your document which assists the Court in identifying your particular case. It is the part of the page that has the word Plaintiff under a line and the word Defendant under another line. Generally, this caption will remain the same throughout the entire case and will be on every document filed in this action. In this package, the caption is on the: (a Ex Parte Motion for an Order Shortening Time, (b Order Shortening Time, (c Receipt of Copy, (d Affidavit of Service, and (e Notice of Entry of Order. B. THE EX PARTE MOTION FOR AN ORDER SHORTENING TIME: 2 Clark County Family Law Self-Help Center OST.4IN(#50 November 30, 2001

4 1. A motion is a document that tells the Court the facts of your case and the law that applies to your case. It also tells the Court what you want the Court to do (i.e., you want the Court to hear your other motion in less than 21 days. Ex parte means that there will not be a hearing before the judge decides whether or not to grant your request to shorten the hearing date. There are only a few times when ex parte motions are appropriate. A request to shorten the time for a hearing is one of the motions that can be ex parte. 2. Insert the name of the Plaintiff on the line above the word Plaintiff in the caption and insert the name of the Defendant on the line above the word Defendant in the caption. You can determine who is the Plaintiff and who is the Defendant by looking at other documents that have been filed in your case. 3. Insert the case number on the line after CASE NO. You can find the case number by looking at other documents that have been filed in your case. The case number will start with a D, R, T, or G. 4. Insert the department letter on the line after DEPT. NO. You can find the department letter by looking at other documents that have been filed in your case. 5. The Ex Parte Motion uses a fill-in-the-blank format. The form will tell you what information you need to put into the blank. If the Motion tells you to circle an item, circle the item that applies (i.e., circle either Plaintiff or Defendant if the Motion has Plaintiff/Defendant. 6. Complete the Affidavit of Movant in Support of Ex Parte Motion for an Order Shortening Time which is attached to the back of the Ex Parte Motion. The Affidavit uses a fill-in-the-blank format. The Affidavit will tell you what information you need to put into the blank. If the Affidavit tells you to circle an item, circle the item that applies (i.e., circle either Plaintiff or Defendant if the Affidavit has Plaintiff/Defendant. The Affidavit must be signed in front of a Notary Public. The Self-Help Center has a Notary 3 Clark County Family Law Self-Help Center OST.4IN(#50 November 30, 2001

5 available. Do not make any copies until the document is notarized. C. THE ORDER SHORTENING TIME (ALSO KNOWN AS AN OST : 1. The Order is the document that puts the judge s decision into writing. In an Order Shortening Time, also known as an OST, the Order tells the Clerk s Office to take your hearing off the judge s calendar for the day that you were originally given and put your case on the judge s calendar on a different day. However, the Clerk s Office cannot do this unless you file the Order Shortening Time. Thus, if the judge s staff has not filed the Order Shortening Time for you, it is very important that you take that Order to the Clerk s Office and file it. (Please see Section IV, E, below. 2. Insert your name, address, and phone number on the first page, upper left-hand corner. 3. Insert the name of the Plaintiff on the line above the word Plaintiff in the caption and insert the name of the Defendant on the line above the word Defendant in the caption. 4. Insert the case number on the line after CASE NO. and the department letter on the line after DEPT. NO. 5. The OST uses a fill-in-the-blank format. The form will tell you what information you need to put into the blank. If the Order tells you to circle an item, circle the item that applies to you (i.e., circle either Plaintiff or Defendant if the Order has Plaintiff/Defendant. There are blanks for the new hearing date and time on the bottom of the first page and on the top of the second page of the Order. Do not fill in those blanks. The judge will fill in the new hearing date and time when he/she signs the OST. D. THE NOTICE OF ENTRY OF ORDER: NOTE: YOU SHOULD PREPARE THIS DOCUMENT AFTER THE ORDER SHORTENING TIME HAS BEEN FILED. 1. The Notice of Entry of Order is the document that tells the other party that the OST has been filed. 4 Clark County Family Law Self-Help Center OST.4IN(#50 November 30, 2001

6 2. Insert your name, address, and phone number on the first page, upper left-hand corner. 3. Insert the name of the Plaintiff on the line above the word Plaintiff in the caption and insert the name of the Defendant on the line above the word Defendant in the caption. 4. Insert the case number on the line after the words CASE NO. and the department letter on the line after the words DEPT. NO. 5. The Notice of Entry of Order uses a fill-in-theblank format. The Notice of Entry of Order will tell you what information you need to put into the blank. E. THE RECEIPT OF COPY AND THE AFFIDAVIT OF SERVICE: These forms are used to show the Court that the Ex Parte Motion For An Order Shortening Time and the Order Shortening Time were served on the other party. (Please see Section VI, below. Each form is used for a different way of completing service. You will need to decide which type of service is appropriate for your situation. COMPLETE ONLY THE ONE FORM THAT FITS YOUR SITUATION. 1. The Receipt of Copy: a. This document, also known as a ROC, is used when the other party is given the papers in person. If the other side is represented by an attorney, an employee of the attorney can sign the ROC. The other party (or the attorney or the attorney s employee will need to sign this document. If the other party (or the attorney s office will not sign the ROC, you will need to serve the papers another way (Please see No.2, below. b. Insert your name, address, and phone number on the first page, upper left-hand corner. c. Insert the name of the Plaintiff on the line above the word Plaintiff in the caption and insert the name of the Defendant on the line above the word Defendant in the caption. d. Insert the case number on the line after the Clark County Family Law Self-Help Center OST.4IN(#50 November 30,

7 6 words CASE NO. on your documents. e. Insert the department letter on the line after the words DEPT. NO. f. The Receipt of Copy uses a fill-in-the-blank format and will tell you what information you need to put into the blank. g. Whoever receives the documents will sign the ROC. 2. The Affidavit of Service: a. This document is used when the other party is either not willing to sign the ROC (see #1, above or when the papers are not given to the other party (or the party s attorney/employee in person. A third party will have to serve the documents and complete this form. If you hire someone to deliver these documents, he/she may have their own form. Only complete this form if the third party doesn t have a form that he/she normally uses. Note: The papers cannot be served by mail if your hearing is less than ten days away. b. Insert your name, address, and phone number on the first page, upper left-hand corner. c. Insert the name of the Plaintiff on the line above the word Plaintiff in the caption and insert the name of the Defendant on the line above the word Defendant in the caption. d. Insert the case number on the line after the words CASE NO. and the department letter on the line after the words DEPT. NO. e. The Affidavit of Service uses a fill-in-theblank format and will tell the third party what information he/she needs to put into the blanks. The third party will need to sign the Affidavit in front of a Notary. The Self-Help Center has a Notary available. Do not make any copies until the document is notarized. III. STEP 2: PREPARE YOUR PAPERWORK FOR THE JUDGE'S REVIEW Clark County Family Law Self-Help Center OST.4IN(#50 November 30, 2001

8 7 A. Make three copies of the Ex Parte Motion For An Order Shortening Time and four copies of the Order Shortening Time B. You need to use a two-hole punch on the top of each original document and also stamp or write "original" on each original document in between the two holes. The Self-Help Center has a two-hole punch and a stamp that you can use. C. Take the Ex Parte Motion For An Order Shortening Time, the Order Shortening Time, and a copy of the motion that you are asking the Court to hear more quickly to the Clerk s Office (located on the first floor of the courthouse. As of January 1, 2001, there is no filing fee for filing these documents. D. Go to the filing counter at the Clerk's Office. The Clerk will file the original Ex Parte Motion For An Order Shortening Time and will return the copies to you after they are stamped. These copies are called file-stamped copies. IV. STEP 3: THE COURT S REVIEW OF THE PAPERWORK A. Go somewhere where you can put your documents together. You will need to make a package for the judge to review. That package needs to have the following documents: # One file-stamped copy of the motion that you want to be heard faster than the date you have already been given (i.e., your motion for custody/visitation/ support, etc. # One file-stamped copy of the Ex Parte Motion For An Order Shortening Time # One original and three copies of the Order Shortening Time (Keep the other copy for your records Be sure that the case number and department letter are on all of the documents that you give to the judge to review. B. Next, take the elevator to the third floor of the courthouse. Go to the reception area by "chambers." You will see brown boxes against the wall. Each box is Clark County Family Law Self-Help Center OST.4IN(#50 November 30, 2001

9 marked with a department letter. Put the judge's package into the box belonging to that department. C. The judge's staff and the judge will review your paperwork. If the judge grants your motion to shorten the time for the hearing, he/she will sign the OST. D. The next step depends on the department that your case is assigned to. Some departments will call you only if your request for the OST was granted; other departments will call you even if the OST was denied. If you have not heard from the judge s staff within two days from the day that you left the paperwork in the judge s box, you may call the law clerk for that department. Please be sure to ask the law clerk where you should pick up your paperwork. A listing of the telephone numbers for the judges staffs is included in this package. E. If the OST has not been filed when you receive it back from the Court, you must file it. Take the original OST and the copies of the OST to the Master Calendar window at the Clerk s Office. The Clerk will keep the original OST and return the file-stamped copies to you. V. STEP 4: PREPARE AND FILE THE NOTICE OF ENTRY OF ORDER A. Bring the Notice Of Entry Of Order form with you when you pick up your OST. B. Prepare the Notice of Entry of Order. (Please see Section II, D, above. C. Make three copies of the Notice of Entry of Order. D. You need to use a two-hole punch on the top of the original Notice of Entry of Order and also stamp or write "original" on the original Notice of Entry of Order in between the two holes. The Self-Help Center has a twohole punch and a stamp that you can use. E. Go to the filing counter at the Clerk's Office. The Clerk will file the original Notice of Entry of Order and will give the file-stamped copies back to you. VI. STEP 5: SERVE THE DOCUMENTS ON THE OPPOSING PARTY AND FILE THE PROOF OF SERVICE A. As a general rule, you must give the other party a copy of any document that you file with the Court. If that 8 Clark County Family Law Self-Help Center OST.4IN(#50 November 30, 2001

10 party is represented by an attorney, you must give the documents to the attorney instead of the other party. The way of giving the documents to the other party (or the attorney is called service of process or service. For this packet, you must serve the: (1 Motion that is going to be heard (custody/visitation/support, etc.; (2 Ex Parte Motion For An Order Shortening Time; (3 Order Shortening Time; and (4 Notice of Entry of Order. B. There are several ways of serving the other party. This packet contains an Affidavit of Service and a Receipt of Copy. (Please see Section II, E, above, for more information. The documents cannot be mailed to the other party (or that party s attorney if the hearing is set less than ten days away. 1. If the other party (or the attorneyis willing to sign a Receipt of Copy you may deliver the documents yourself. If the other party is not willing to sign a Receipt of Copy, you will need to find someone who is a U.S. citizen, over 18 years old and is not related to you by blood or marriage to deliver the documents. This person is called a third party. Note: If you choose to use the ROC, you will need to take at least one copy and the original Receipt of Copy with you when deliver the other documents. The other party (or the attorney or the attorney s employee will sign the original ROC and give it back to you. He/she will keep a copy of the ROC for their records. VII. STEP 6: COMPLETE AND FILE EITHER THE RECEIPT OF COPY OR THE AFFIDAVIT OF SERVICE A. If you used the Receipt of Copy, you will need to do the following: 1. Make two copies of the ROC (after you ve gotten the signature from the other party or that party s attorney or the attorney s employee. 2. Use a two-hole punch on the top of the original ROC and also stamp or write "original" on the original of that document in between the two holes. The Self-Help Center has a two-hole punch and a stamp that you can use. 3. Go to the filing counter at the Clerk's Office. Clark County Family Law Self-Help Center OST.4IN(#50 November 30,

11 10 The Clerk will file the original ROC and will give the file-stamped copies back to you. Keep these copies for your records. B. If you used the Affidavit of Service, you should do the following: 1. After the third party has delivered the documents to the other side (or that side s attorney he/she should complete their portion of the Affidavit of Service. (Please see Section II, E, above. Some businesses may file the Affidavit of Service (or their own form and mail a file-stamped copy to you for your records. Other process servers will give the original documents bact to you after their portion is completed and you will have to file the original with the Court. You should ask the person or business that you hire about this procedure. 2. If you have to file the original Affidavit of Service, you will need to: # Make two copies of the Affidavit of Service. # Use a two-hole punch on the top of the original Affidavit of Service and also stamp or write "original" on the original of the document in between the two holes. The Self-Help Center has a two-hole punch and a stamp that you can use. # Go to the filing counter at the Clerk's Office. The Clerk will file the original Affidavit of Service and will give the file-stamped copies back to you. VIII. STEP 7: GIVE THE JUDGE COURTESY COPIES OF YOUR PAPERS A. When a motion is scheduled to be heard very quickly, the Clerk s Office may not have time to get the papers for your hearing into the court file. Therefore, it is very important that you give the judge a copy of your paperwork for that hearing before the day of the hearing. The copies that you give to the judge are called courtesy copies. B. You will need to give the judge a courtesy copy of the following documents: Clark County Family Law Self-Help Center OST.4IN(#50 November 30, 2001

12 11 # The motion that you want heard quickly (i.e., the motion for custody/visitation/support, etc. # The Ex Parte Motion For An Order Shortening Time # The Order Shortening Time # The Notice of Entry of Order Shortening Time # The proof of service of these documents (either the ROC or the Affidavit of Service C. Take the elevator to the third floor of the courthouse. Go to the reception area by "chambers" and put the judge's package into the box belonging to that department. Clark County Family Law Self-Help Center OST.4IN(#50 November 30, 2001

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15 MOT (Your name (Address (Telephone In Proper Person DISTRICT COURT CLARK COUNTY, NEVADA, CASE NO.: Plaintiff, vs. DEPT. NO.:, Defendant. EX PARTE MOTION FOR AN ORDER SHORTENING TIME [ ] Plaintiff/ [ ] Defendant,, in Proper Person, hereby files [ ] his/ [ ] her Ex Parte Motion for an Order Shortening Time pursuant to EDCR 5.31, and requests that this Court shorten the time in which to hear [ ] his/ [ ] her (name of motion to be heard, which was filed on. This application is based upon the pleadings and papers on file and the affidavit of [ ] Plaintiff/ [ ] Defendant attached to this motion. DATED this day of,. Respectfully Submitted: (Your signature 26 Plaintiff/ Defendant in Proper Person Clark County Family Law Self-Help Center OSTMOT.3WPD (#50 January 2, 2001 Please call the Self-Help Center to confirm most current version. 1

16 1 2 AFFIDAVIT OF MOVANT IN SUPPORT OF EX PARTE MOTION FOR AN ORDER SHORTENING TIME 3 STATE OF NEVADA SS: 4 COUNTY OF CLARK 5, being first duly sworn upon oath, deposes and says as follows: 1. I am the [ ] Plaintiff/ [ ] Defendant in the above-entitled action. I have personal knowledge of the facts contained herein and am competent to testify to these facts. 2. I filed my on. I was given a hearing date of at.m. 3. There is an emergency that cannot wait until that date to be heard. The emergency is: 4. This Ex Parte Motion for an Order Shortening Time is made in good faith. SUBSCRIBED and SWORN to before me this day of,. NOTARY PUBLIC (Your signature Clark County Family Law Self-Help Center OSTMOT.3WPD (#50 January 2, 2001 Please call the Self-Help Center to confirm most current version. 2

17 OST In Proper Person DISTRICT COURT CLARK COUNTY, NEVADA, CASE NO.: Plaintiff, vs. DEPT. NO.:, Defendant. ORDER SHORTENING TIME Upon application of the Plaintiff/ Defendant, appearing in Proper Person, and good cause appearing therefor: IT IS HEREBY ORDERED that the time for hearing Plaintiff s/ Defendant s is hereby shortened and shall be heard on the day of, at the hour of o clock.m. in Department. DATED this day of,. Respectfully Submitted: DISTRICT COURT JUDGE Plaintiff / Defendant in Proper Person 28 Clark County Family Law Self-Help Center Ostord.2wpd (#50 January 2,

18 AFFT (Your name (Address (Telephone In Proper Person DISTRICT COURT CLARK COUNTY, NEVADA, Case No.: Plaintiff Dept. No.: vs., Defendant. AFFIDAVIT OF SERVICE STATE OF NEVADA ss: COUNTY OF CLARK (Third party s name, being duly sworn says: That at all times herein affiant was and is over 18 years of age and not a party to nor interested in the proceeding in which this affidavit is made. That affiant received (number copy(ies of the (name of documents being served on the (day day of (month, (year and served the same on the (day day of (month, (year by: (COMPLETE ONLY ONE PARAGRAPH Delivering and leaving a copy with the Plaintiff/ Defendant at (address. 1 Clark County Family Law Self-Help Center general.doc\affserv.5 December 14, 2004 Please call the Self-Help Center to confirm most current version.

19 OR Serving the Plaintiff/ Defendant by personally delivering and leaving a copy with (name of person you left the documents with, a person of suitable age and discretion residing at the Plaintiff s/ Defendant s usual place of abode located at (address. OR (Use if the service is upon an agent of the Plaintiff or Defendant Serving the Plaintiff / Defendant by personally delivering and leaving a copy at (address. with (check one (name, an agent lawfully designated by statute to accept service of process / (name, pursuant to NRS as a person of suitable age and discretion at the above address, which address is the address of the resident agent as shown on the current certificate of designation filed with the Secretary of State. OR Personally depositing a copy in a mail box of the United States Post Office, enclosed in a sealed envelope postage prepaid (check one ordinary mail / certified mail, return receipt requested / registered mail, return receipt requested addressed to the Plaintiff / Defendant Clark County Family Law Self-Help Center general.doc\affserv.5 December 14, 2004 Please call the Self-Help Center to confirm most current version.

20 1 2 at his/her last known address which is (address SUBSCRIBED and SWORN to before me this day of (month, (year. NOTARY PUBLIC Signature of Person Making Service 3 Clark County Family Law Self-Help Center general.doc\affserv.5 December 14, 2004 Please call the Self-Help Center to confirm most current version.

21 1 2 ROC (Your name (Address (Telephone In Proper Person DISTRICT COURT CLARK COUNTY, NEVADA, CASE NO.: Plaintiff DEPT. NO.: vs., Defendant. RECEIPT OF COPY RECEIPT OF COPY of (name of document served is hereby acknowledged this (day day of (month, (year. (Other party s/attorney s signature (Other party s/attorney s name Clark County Family Law Self-Help Center 1 t:\general.doc\roc.4 September 29, Please call the Self-Help Center to confirm most current version.

22 NEOJ (Your name (Address (Telephone (Check one [ ] Plaintiff/ [ ] Defendant In Proper Person DISTRICT COURT CLARK COUNTY, NEVADA, CASE NO.: Plaintiff, DEPT. NO.: vs., Defendant. NOTICE OF ENTRY OF ORDER TO: TO: (Other party s name ; (Check one [ ] Plaintiff/ [ ] Defendant (Other party s attorney ; (Check one [ ] Plaintiff s/ [ ] Defendant s Attorney PLEASE TAKE NOTICE that an Order was duly entered in the above-referenced case on the (day day of (month, (year. DATED this day of,. (Your signature By: [ ] Plaintiff/ [ ] Defendant In Proper Person Clark County Family Law Self-Help Center GENERAL.DOC\NOTICEEN.4OR.WPD January 2, 2001 Please call the Self-Help Center to confirm most current verison. 1

23 New Policy at the Clerk s Office bring a blank 10X13 envelope when you file your documents. The clerk will mail your documents to you after they are reviewed by the judge. The clerk s office will pay the postage.

24 AFRM (Your name (Address (Telephone In Proper Person DISTRICT COURT CLARK COUNTY, NEVADA, CASE NO.: Plaintiff, vs. DEPT. NO.:, Defendant. AFFIRMATION ORDER SHORTENING TIME AND/OR MOTION FOR EMERGENCY HEARING Pursuant to NRS The undersigned does hereby affirm that the following documents do not contain the social security number of any person: (check the documents being filed at this time G Motion G Order Shortening Time G Notice of Entry of Order G Receipt of Copy G Affidavit of Service G Other The undersigned does hereby affirm that the following documents contain the social security number of a person as required by state or federal law or for the administration of a public program or for an application for a federal or state grant: (check the documents being filed at this time G Other (name of document (your signature (date Clark County Family Law Self-Help Center general doc\affirmation\affirmation OST January 1, 2007 (#50, 104 Please call the Self-Help Center to confirm most current version.

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