EX PARTE MOTION FOR GENERAL USE E-2. The District Court Filing Office is located on the first floor at 75 Court Street Reno, NV 89501

Transcription

1 EX PARTE MOTION FOR GENERAL USE E- The District Court Filing Office is located on the first floor at 75 Court Street Reno, NV 8950

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 7/00 AA

3 EX-PARTE MOTION FOR GENERAL USE PACKET E- WHAT IS AN EX-PARTE MOTION? It is a request for the Court to enter an Order without the other party being notified, and without giving the other party an opportunity to deny, dispute or challenge the claims of the one making the request. UNDER WHAT CIRCUMSTANCES ARE EX-PARTE MOTIONS CONSIDERED BY THE COURT? Ex-parte Orders in Family Court are governed by Washoe District Family Court Rule 4 (included in these instructions. Some, such as restraining orders preserving property, and for the exclusive use of property, may be granted upon request. Others, such as those governing child custody and visitation, are not usually granted unless an actual emergency exists which puts the child in immediate physical danger. These questions and answers are for your general information only. They do not cover all aspects of ex-parte motions. For a more detailed explanation, you are advised to seek the assistance of a private attorney or the Family Court Self-Help Center at the Courthouse located at One South Sierra Street, Reno, Nevada. REVISED /00 AA E- INSTRUCTIONS

4 WASHOE DISTRICT FAMILY COURT RULE 4 Ex parte orders within the family division. 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. ( 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; ( 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. Automatic hearing. (a No hearing shall be held on an ex parte order entered under subsections (b(, ( and ( herein above. (b All other ex parte orders shall be heard within 0 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. REVISED /00 AA E- INSTRUCTIONS

5 EX-PARTE MOTION FOR GENERAL USE PACKET E- INSTRUCTIONS FOR FILLING OUT FORMS GENERAL INFORMATION This packet is for use in emergency situations as stated in Paragraph of Rule 4. The forms included in this Packet are:. Ex-Parte Motion. Request for Submission. Proof of Service The steps for filling in the Ex-Parte Motion should be followed carefully, fully and in order. Take special notice of how the documents are to be filled in, 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. When filling in the forms, if they are not typed use black ink and print neatly. Do not use wite-out or other correction fluid/tape on the forms. If you make a mistake, simply run a single line through the mistake and initial above the line. The Court Clerk will not accept forms with correction fluid/tape on them. You are responsible for the proper copying and filing of documents. It is best to make the necessary copies of your documents before coming to the courthouse to file them. The Filing Clerks may make copies of your documents if they have time, but the Clerks must charge you $0.50 per page for any copies. The Family Court Filing Office is located on the first floor of 75 Court Street, Reno, NV. There may be a filing fee payable when the documents are filed. The filing fee is adjusted from time to time so check with the Filing Clerk s Office at 8-0 to determine the current fee. If you cannot afford the filing fee, you may qualify for a fee waiver. See the SelfHelp Center of a private attorney for more information on a fee waiver. The penalty for making a false statement in a declaration that is made under penalty of perjury is a minimum of 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 REVISED /00 AA E- INSTRUCTIONS

6 FILLING IN, FILING AND SERVING THE FORMS STEP Filling In the Ex-Parte Emergency Motion In the upper-left corner, print your Name, Address and Telephone Number. Note: If you have more than one case filed against the other party (such as a divorce, a child support case with the District Attorney s Office or a TPO be sure to use the names, case number and department number of the case in which you are filing this motion. The heading of the motion (Petitioner/Plaintiff, Respondent/Defendant, Case No., and Dept. No. is the same as on all other documents in this case. Print the Petitioner/Plaintiff s name and the Respondent/Defendant s name as they appear on all the other documents in this case. Carefully review the full form before filling in any information. Print above Fill in the name of this motion the name of the motion you want to court to consider. Do not explain your reasons on this line; the reasons will be listed below. Carefully follow the instructions on the form and fill in the information requested. Complete and sign the Declaration in Support of Ex Parte Motion. If you have any supporting documents that you want the Judge to consider to support your Motion, make copies of the documents and attach to the original Motion. Do not attach original support documents to your Motion. Keep the original documents for use at the hearing on your Motion. The second-to-last page of the motion form is used to determine if there should be a filing fee for this motion. Please read the instructions on the form and mark the correct boxes. If you do not understand the questions or are not sure of the correct response, please ask for assistance at the Self-Help Center. REVISED /00 AA 4 E- INSTRUCTIONS

7 STEP Filling in the Request for Submission of Ex-Parte Motion Fill in the top portion of the form with the same information used on the Ex-Parte Motion. Fill in the rest of the information on the form as requested. SIGN THE DOCUMENT STEP Copying and Filing the Ex-Parte Motion and the Request for Submission of Motion Make two copies of the Ex-Parte Motion and any supporting documents and two copies of the Request for Submission. Take the original and the copies of the Ex Parte Motion and Request for Submission to the Filing Clerk s Office located on the first floor of 75 Court Street, Reno, NV. There may be a filing fee associated with filing this motion. To confirm the fee amount, you may call the filing office at ( FILING FEE WAIVERS If you cannot afford the filing fee, you may apply to have your filing fee waived. To apply, you must fill out and file the application found in the F6 or F6JP fee waiver packet. The F6 and F6JP fee waiver packets may be obtained in the following locations: Family Court Self Help Center, South Sierra Street, Reno, NV Filing Clerk s Office, 75 Court Street, Reno, NV The Filing Clerk will keep the original documents and will give you back the filestamped copies. REVISED /00 AA 5 E- INSTRUCTIONS

8 STEP 4 If the Judge issues an Ex-Parte Order based upon your Motion, the Judge s office staff may call you at the telephone number printed on your Motion to pick up the file-stamped copy of the Ex-Parte Order at the front counter of the Family Court for service on the other party. If the Judge does not immediately issue an Ex-Parte Order, a file-stamped copy of a written order will be mailed to you stating the reasons why the Ex-Parte Order was not issued and there may be further instructions on how to proceed. If you need more information, seek help from a private attorney or the Self-Help Center. STEP 5 If the Ex Parte Order is Granted: Serving the Other Party The other party must be personally served with a copy of the Order and a copy of the Ex-Parte Motion as soon as possible after the Order is issued. YOU CANNOT SERVE THE ORDER ON THE OTHER PERSON. THE ORDER MUST BE SERVED BY A PERSON NOT A PARTY TO THIS ACTION. Service of a copy of the Ex-Parte Motion and Order may be made by:. Anyone over the age of 8 years, not a party in this action. A professional firm or person licensed to serve legal documents. The Sheriff s Office The Proof of Service The Proof of Service must be filled in and signed by the person who actually, personally served the Ex-Parte Motion and Order on the Other Party. If the Sheriff s Office or a professional firm or person licensed to serve legal documents served the Other Party, they may have their own proof of service and they may file it with the Filing Clerk s Office. Check to see how they handle the Proof of Service. If someone other than the Sheriff s Office or a professional process server served the ExParte Motion and Order, it is YOUR responsibility to have the person who served the documents correctly fill in and file the Proof of Service. REVISED /00 AA 6 E- INSTRUCTIONS

9 Filling Out and Filing the Proof of Service On page one, fill in the heading by printing the information as it appears on your other documents. The rest of the Proof of Service must be filled in by the person who served the other party. Make one copy of the completed and signed Proof of Service. Take the original and the copy of the Proof of Service to 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. The filing clerk will keep the original and return the file stamped copy to you for your records. REVISED /00 AA 7 E- INSTRUCTIONS

10 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 7/00 AA

11 Code: 670 Name: Address: Telephone Number: Appearing in Proper Person IN THE FAMILY DIVISION 7 OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA 8 IN AND FOR THE COUNTY OF Washoe County 9 0 Plaintiff/Petitioner, vs. Case No. Dept. No. Defendant/Respondent. / 4 5 EX PARTE EMERGENCY MOTION 6 7 MOTION TO (Fill in the name of this motion 8 9, appearing in Proper Person, hereby move this (Your name 0 4 Court to issue an emergency order, without notice to (The Other Party s name granting the following: State what you want the Court to order. At this point do not explain why the order should issue or why the other party should not be contacted. Those explanations will come later in the form REV 8-00 AA E-EX PARTE MTN

12 I believe this Order should issue because: Explain why you believe the order should be granted REV 8-00 AA E-EX PARTE MTN

13 I believe this Motion should be granted without contacting the other party because: 4 5 Explain why you believe this motion should be granted without allowing notice to the other party so the other party has a chance to respond or object to the motion (If you need more space, you may attach additional sheets of paper. Be sure to 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 4 true and correct. 5 DATED this day of, (Signature 8 (Printed Name REV 8-00 AA E-EX PARTE MTN

14 IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE *** vs. NOTICE: FAMILY DIVISION MOTION/OPPOSITION NOTICE (REQUIRED CASE NO. DEPT. NO. 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 5, 5B or 5C 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. 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. If no, you do not need to answer any other questions.. 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 0 days of the Judge s Order? Date 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 or or YES to Question 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: Rev. 0/4/00

15 4 Code: 860 Name: Address: Telephone: Self-Represented Litigant 5 6 IN THE FAMILY DIVISION 7 OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA 8 IN AND FOR THE COUNTY OF WASHOE 9 0 Plaintiff/Petitioner, vs. Case No. Dept. No. Defendant/Respondent. / 4 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. 4 Signature: 5 Print Your Name: REVISED /00 AA EX PARTE MTN REQ. FOR SUBMISSION

16 4 5 Code: 70 Name: Address: Telephone: Self-Represented Litigant 6 IN THE FAMILY DIVISION 7 OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA 8 IN AND FOR THE COUNTY OF WASHOE 9 0, Plaintiff / Petitioner / Joint Petitioner, Case No. Dept. No. 4 vs., Defendant / Respondent / Joint Petitioner. 5 / 6 PROOF OF SERVICE Pursuant to Nevada Rule of Civil Procedure 5(b, I served a true and correct copy of the 0 filed on (Name of document(s served 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. 4 Service Description 5 6 Fill in the information requested on the next page for each person who has been served. 7 If a person was served by United States Postal Service certified mail, you must attach the 8 return receipt to this document. REV /06 ER PROOF OF SERVICE

17 A copy of the above named document(s was served upon the following people:. Name: Date: (Name of the person who was served 4 5 By: 6 Personal service OR (Date of service: month / day / year Service by U.S. Mail, postage prepaid OR Certified mail, return receipt attached OR Other: 7 8 Address: (Mailing address or physical address where service took place 9 0. Name: Date: (Name of the person who was served By: Personal service OR (Date of service: month / day / year Service by U.S. Mail, postage prepaid OR 4 Certified mail, return receipt attached OR Other: 5 6 Address: (Mailing address or physical address where service took place 7 8 If more room is needed, attach additional sheets. 9 0 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. 4 5 Signature: 6 7 Date: Print Your Name: 8 REV /06 ER PROOF OF SERVICE