Application For A Temporary Writ Of Restitution {13}

1 2 3 4 5 6 7 8 9 10 11 12 vs. 13 14 15 Phone: 16 17 18 APPLICATION FOR A TEMPORARY WRIT OF RESTITUTION 19 20 21 22 23 24 25 26 27 28 Mobile Home Landlord Application for a Temporary Writ of Restitution Form #13 IN THE JUSTICE COURT OF __________________________ TOWNSHIP IN AND FOR THE COUNTY OF _________________, STATE OF NEVADA Name: Address: Phone: ______________________ ______________________ ______________________ ______________________ Landlord/Plaintiff CASE NO: ________________ _____________________ _____________________ _____________________ _____________________ Tenant/Defendant DEPT. NO:________________ Name: Address: NOW COMES Plaintiff and makes Application for a Temporary Writ of Restitution pursuant to NRS 40.300(3) and requests that the Court issue an Ex Parte Order to Show Cause Why a Temporary Writ of Restitution Should Not Issue, and after service thereof to conduct a hearing at the date and time given in such Order to Show Cause. If at that hearing the Court determines that a Temporary Writ of Restitution should issue, then Plaintiff requests that the Court ascertain the probable loss to the tenant if a Temporary Writ of Restitution is issued. 1 of 4 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 2 3 4 5 Plaintiff describes in the accompanying affidavit the basis for this application. Plaintiff _______________ request that the hearing occur prior to the expiration of (does or does not) eleven (11) calendar days subsequent to the date of service of the Complaint and Summons. If Plaintiff does make a request for an earlier show cause hearing, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 If the Court determines that a Temporary Writ of Restitution should issue, the Court shall not issue the Temporary Writ until the Landlord has posted a bond set by the Court, pursuant to NRS 40.300(3). The Court determines the amount of the bond based on the Tenant's probable loss. The hearing on such order to show cause shall not occur until at least 11 calendar days after the Tenant has been served with Summons and Complaint, unless the request is premised on extraordinary circumstances. If the order to show Mobile Home Landlord Application for a Temporary Writ of Restitution Form #13 Plaintiff describes in the affidavit the extraordinary circumstances justifying such earlier hearing date. POINTS AND AUTHORITIES Pursuant to NRS 40.300(3) upon application, the Court may issue an Order to Show Cause Why a Temporary Writ of Restitution Shall Not Be Issued. At the hearing indicated in the Order, the Court shall determine if a Temporary Writ of Restitution should issue. In Farnow v Department 1 of Eighth Judicial District, 64 Nev. 109, 126, 178 P.2d 371, 379 the Nevada Supreme Court stated: We do not believe to be constitutional any procedure so speedy, summary and drastic as to enable a landlord to dispossess a tenant without first showing, by competent, relevant and material evidence, at a hearing, judicially, fairly and impartially conducted, the existence of sufficient facts to establish, at least prima facie, the clear right to the immediate possession of the property involved. 2 of 4 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cause indicates a hearing date prior to the 11th calendar day after service of the Summons and Complaint, the show cause order must describe the alleged extraordinary circumstances that justify an earlier hearing date. Submitted by, _______________________ Date __________________________________ Signature of Landlord/Plaintiff or Duly Authorized Agent __________________________________ Print Name of Landlord/Plaintiff or Duly Authorized Agent Mobile Home Landlord Application for a Temporary Writ of Restitution Form #13 3 of 4 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 fully prepaid, an envelope containing the above-identified document at 16 17 18 19 20 21 22 23 24 25 26 27 28 Mobile Home Landlord Application for a Temporary Writ of Restitution Form #13 CERTIFICATE OF SERVICE Pursuant to NRCP 5(b) and JCRCP 5(b), I hereby certify that I am a non-party over the age of 18 years, and that on _____________________, 20____, I served a true and correct copy of the foregoing __________________________________________________________________, (Name of document that was served) addressed to: _______________________________________ _______________________________________ _______________________________________ _______________________________________ [] BY U.S. MAIL: I deposited for mailing in the United States mail, with postage _______________________________ (City and State), course of business. [] [] in the ordinary BY FACSIMILE TO:______________________________ (FAX number). BY PERSONAL SERVICE: I personally hand delivered the above-identified document to the address/offices of the person named above. _______________________________ Signature of Server _______________________________ Print Name of Server 4 of 4 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com