Statement Why Temporary Writ Of Restitution Should Not Issue With Instructions {23}

STATEMENT WHY TEMPORARY WRIT OF RESTITUTION SHOULD NOT ISSUE TENANT INSTRUCTIONS (Form #23) INTRODUCTION If you have been served an Ex Parte Order to Show Cause why a Temporary Writ of Restitution Should Not Issue, Form #15, this document will help prepare you for the Show Cause hearing. However, you should also be sure that you have filed Form #21, Answer to Complaint for Unlawful Detainer. The Statement Why Temporary Writ of Restitution Should Not Issue, Form #23, is not an Answer and does not take the place of an Answer. If you do not Answer, the court could decide the case without your involvement (commonly referred to as a Default Judgment). WHAT IS A TEMPORARY WRIT OF RESTITUTION? A Temporary Writ of Restitution is a way for the landlord to make you move before the end of the case. Even though it is not technically the end of the case, it may be the most important hearing you will have regarding the eviction case. If a Temporary Writ of Restitution does issue, you will be required to leave your mobile home or, if the judge gives you permission and you have the funds to do so, you may be able to take your mobile home with you. WHAT IS THE IMPORTANCE OF THIS FORM? This hearing is very important and may, as a practical matter, end the case. These instructions provide a guide on how to fill out Form #23, Statement Why Temporary Writ of Restitution Should Not Issue, and is designed to help you organize yourself in preparation for that hearing. You may file the document but you do not have to. If you file this form before the hearing, the court will have information during the hearing that you might not have time to provide at the hearing. It is also a way for you to organize your thoughts and think about the case so you will be better prepared at the hearing. If you file it with the court, you must send a file stamped copy to the landlord Mobile Home Tenant Instructions Statement Why Temporary Writ of Restitution Should Not Issue Refers to Form #23 1 of 6 Revised: April 17, 2006 ©2006 Nevada Supreme Court American LegalNet, Inc. www.FormsWorkflow.com or, if the landlord is represented by an attorney, to that attorney. To show that you have done that, you must fill out the Certificate of Service at the end of the completed form. You are advised to file an Answer to the Complaint for Unlawful Detainer, Form #21. Form #23 is not a substitute for Form #21. The purpose of Form #23 is to give the court additional information that might lead it to deny the landlord's request for a temporary writ. WHAT ARE THE TIME FRAMES INVOLVED IN A MOBILE HOME EVICTION CASE? Under the normal rules, you would have 20 calendar days to file an Answer after you have been served with a Complaint for Unlawful Detainer, Form #10. However, eviction rules allow the landlord to shorten the time you have to Answer to as little as 10 judicial days1 after you receive the Complaint. The landlord may get an Order Shortening Time to Answer, Form #12, without involving you. Judicial days do not include weekends or legal holidays. In determining when you must Answer, you do not include the date you were served with the Complaint. If you need more time to Answer, you may file a Motion for Enlargement of Time to Answer, Form #24. Instructions may be found at the same location at which you acquired these instructions. Unless there are extraordinary circumstances, the hearing on an Order to Show Cause Why a Temporary Writ of Restitution Should Not Issue cannot occur until the 11th calendar day after you have been served with a Summons and Complaint. Also note that the landlord can ask for a Temporary Writ hearing before the 11th calendar day for "extraordinary" reasons. Be aware that the Order to Show Cause itself, in addition to giving you the date and time for the Show Cause hearing, may also have the date and time for a trial. Alternatively, such trial date may be determined at the show cause hearing. NOTE The trial, which ultimately determines if you win or lose, may not occur less than 20 calendar days after you were served with the Summons and Complaint. However, 1 "Judicial Days" do not include date of service, weekends or legal holidays. 2 of 6 Revised: April 17, 2006 ©2006 Nevada Supreme Court American LegalNet, Inc. www.FormsWorkflow.com Mobile Home Tenant Instructions Statement Why Temporary Writ of Restitution Should Not Issue Refers to Form #23 as described in these instructions, the landlord may attempt to make you leave before the final trial through a request for a Temporary Writ of Restitution. The landlord does not need to involve you in the setting of the hearing to determine whether the court will grant or deny the request for a Temporary Writ. However, the Landlord must serve you with the Order to Show Cause Why a Temporary Writ of Restitution Should not Issue which states the time and date of the hearing to decide whether a Temporary Writ of Restitution will issue. IMPORTANT THINGS TO KNOW ABOUT THE HEARING DESCRIBED IN THE ORDER TO SHOW CAUSE 1. The court will decide whether or not to grant the landlord's request for a Temporary Writ of Restitution. 2. If the court grants the landlord's request, the court will have to set a bond that the landlord is required to give to the court before the Temporary Writ can issue. Such bond needs to be sufficient to compensate you for your probable losses, including alternate housing costs that you will experience because you must leave your home. WHAT DOES THE COURT TAKE INTO ACCOUNT IN DECIDING WHETHER TO GRANT OR DENY THE TEMPORARY WRIT? The court may wish to base its decision on whether the landlord has sufficient evidence to convince the court that the landlord would ultimately win the case. This is why it is important that you put forward information that you think shows that the landlord would not win and also why you should file an Answer to Complaint for Unlawful Detainer, Form #21. As the court may also be concerned about the relative hardship that would occur, the court would look at the hardship you and your family would likely endure if the Temporary Writ were to issue and compare that to the hardship that the landlord would be required to endure if the court denied the Temporary Writ. ADDITIONAL HELP It is best to seek assistance from an attorney since you could lose your home. You may be eligible for a free attorney from one of the organizations as listed on the disclaimer. Mobile Home Tenant Instructions Statement Why Temporary Writ of Restitut