Responding To A Court Order For Eviction

Find out how you might be able to respond to an eviction order from the court, including how to ask the court for additional time to move, how to ask the court to set aside the eviction order if you believe it was granted improperly, and how to appeal the eviction if you disagree with the court's decision.

Overview

If the court grants an eviction, the judge will sign an eviction order directing the sheriff or constable to remove the tenant.

CAUTION! A summary eviction order directs the sheriff or constable to post the order in a conspicuous place on the premises within 24 hours after the constable or sheriff receives the order. Then, the constable or sheriff can remove you between 24 and 36 hours after posting that notice. Make sure you calculate the hours correctly and know when the constable or sheriff is returning. Once you're evicted (removed), there is no ready way to "undo" the removal and get back into the property. So don't wait to take action, whether that means moving or filing with the court as discussed below. To learn more about the eviction process, click to visit Overview of the Eviction Process.

Before the sheriff or constable enforces the order and removes the tenant, the tenant can file documents with the court to:

• Ask the judge to "stay" (delay) the eviction (for up to ten days) to allow the tenant additional time to leave the property;
• Ask the judge to "set aside" (cancel or do away with) the eviction order based upon some legal reason why the eviction should not have been granted; or
• Appeal the eviction order to the district court.

Each of these options is discussed below.

Filing A Motion To Stay The Summary Eviction Order

A Motion to Stay (Delay) Order for Summary Eviction allows the tenant to ask the court to "stay" (pause) a summary eviction and grant the tenant up to ten more days to move. (NRS 70.010(2); JCRCP 110.)

• A tenant can file a motion to stay at any time after an eviction notice is served. (JCRCP 110.) However, most tenants do not request a stay until they have received the eviction order (which the sheriff or constable will post on the rental property).
• The court can only stay an eviction order for up to ten days. (NRS 70.010(2).)
• Most justice courts allow the tenant to file only one motion to stay in any eviction case. (E.g., JCRLV 40(a).)
• Most justice courts will not allow the tenant to file a motion to stay if the tenant has already had a hearing in front of the judge (unless the tenant alleges in the motion that he has fully complied with an applicable order of the court). (E.g., JCRLV 40(h).)

To file a Motion to Stay (Delay) Order for Summary Eviction the tenant must:

• File a completed Motion to Stay (Delay) Order for Summary Eviction form with the appropriate justice court. The motion is available, free of charge, at the Civil Law Self-Help Center or can be downloaded by clicking one of the listed formats underneath the form's title below:

MOTION TO STAY (DELAY) ORDER FOR SUMMARY EVICTION
Las Vegas & NLV | Henderson only

• If the court has not already granted a fee waiver in the case, pay a $71 filing fee to the justice court or file an Application to Proceed in Forma Pauperis (sometimes called a "fee waiver application"), which is available, free of charge, at the Civil Law Self-Help Center, or which can be downloaded by clicking one of the listed formats underneath the form's title below:

APPLICATION TO WAIVE FILING FEE
Las Vegas | All other towns besides LV

• Provide a copy of any eviction notice received from the landlord (if tenant is filing in response to an eviction notice before any eviction order has issued).

Click to visit Basics of Court Forms and Filing for specific information about how to file in the justice court or click to visit Justice Courts for links and contact information for your court.

TIP! Different justice courts may have different filing requirements, so be sure to familiarize yourself with your court's procedures. The Las Vegas Justice Court, for instance, requires all documents to be filed electronically, so anyone filing in that court needs an e-mail address to set up an electronic filing account. To learn more about electronic filing, visit the Las Vegas Justice Court website.

When the tenant files a Motion to Stay (Delay) Order for Summary Eviction, the eviction is paused until the judge reviews the tenant's motion (which usually occurs within one or two days). (E.g., JCRLV 40(b)-(c).) When the judge sees the tenant's motion, the judge could, among other things:

• Deny the motion to stay, in which case the eviction goes forward;
• Grant the motion to stay and allow the tenant additional time (up to ten days) to move;
• Set a hearing on the motion to stay, in which case the tenant and the landlord would both appear in front of the judge and the judge would make a decision.

Because the court reviews and decides this motion quickly (usually within one or two days), the tenant must monitor the eviction case closely and carefully by either calling the court or looking up the case online. For contact information and instructions, click to visit Justice Courts, Find My Court, and Look Up My Case.

If the tenant's motion is denied, the tenant can appeal the summary eviction order to the district court as discussed below.

Filing A Motion to Set Aside (Cancel) The Summary Eviction Order

A Motion to Set Aside (Cancel) Order for Summary Eviction allows the tenant to ask the court to "set aside" (annul or do away with) the eviction order based upon some legal reason why the order should never have been issued in the first place or has been satisfied.

Legal reasons for vacating an eviction order might include (per JCRCP 60(b)):

• The tenant was not properly served with the required eviction notices;
• Excusable neglect on the tenant’s part;
• Fraud, misrepresentation, or other misconduct on the landlord's part;
• Mistake, inadvertence, or surprise;
• Newly discovered evidence;
• The summary eviction order is void; or
• The summary eviction order has been satisfied by moving out or released by the landlord.

CAUTION! Filing a motion to set aside the eviction order may not stop a pending eviction. If you need to delay a pending eviction, you can try filing the motion to stay discussed above. But don’t bank on getting the eviction stayed, and make sure to check the status of your case!

To file a Motion to Set Aside (Cancel) Order for Summary Eviction the tenant must:

• File a completed Motion to Set Aside (Cancel) Order for Summary Eviction form with the appropriate justice court. The motion is available, free of charge, at the Civil Law Self-Help Center or can be downloaded by clicking one of the listed formats underneath the form's title below:

MOTION TO SET ASIDE (CANCEL) ORDER FOR SUMMARY EVICTION
Pdf Fillable

• If the court has not already granted a fee waiver in the case, pay a $71 filing fee to the justice court or file an Application to Proceed in Forma Pauperis (sometimes called a "fee waiver application"), which is available, free of charge, at the Civil Law Self-Help Center, or which can be downloaded by clicking one of the listed formats underneath the form's title below:

APPLICATION TO WAIVE FILING FEE
Las Vegas | All other towns besides LV

• Click to visit Basics of Court Forms and Filing for specific information about how to file in the justice court or click to visit Justice Courts for links and contact information for your court.

TIP! The Las Vegas Justice Court requires all documents to be filed electronically. So anyone filing in that court needs an e-mail address to set up an electronic filing account. To learn more about electronic filing, visit the Las Vegas Justice Court website.

When the tenant files a motion to set aside, the court might set the motion for a hearing. Unless and until the judge grants the motion and sets the eviction order aside, the eviction order is valid and enforceable (unless the court orders otherwise). The tenant can file a motion to stay, discussed above, to request that the eviction be delayed (up to ten days), but any delay is at the court’s discretion.

If the tenant's motion to set aside is denied, the tenant can appeal the summary eviction order to the district court.

Filing An Appeal Of An Eviction Order

If either the landlord or the tenant believes that the justice court made an error in granting or denying an eviction, either party can "appeal" the justice court's decision (in other words, ask a higher court to review and reverse the decision of the justice court).

FYI! In a "formal" eviction case, there is a difference between a Temporary Writ of Restitution (which gives the landlord temporary possession of the property while the case moves forward) and a Permanent Writ of Restitution (which gives the landlord permanent possession of the property). Typically, you can only appeal from a final judgment in a case. (JCRCP 72A(b).) Because a temporary writ is, by its nature, temporary, it does not finally resolve the case and is not an appealable order. If you're seeking to stop enforcement of a Temporary Writ of Restitution, you should hire a lawyer. Click to visit Lawyers and Legal Help.

A landlord or tenant who wants to appeal has only ten "judicial days" (which do not include weekends and legal holidays) from the date the eviction order or judgment is "entered" (filed with the court) to file the necessary documents with the court. (NRS 40.380.)

CAUTION! If you want to stop an eviction, you must file your appeal before you are removed from the rental unit. Once you are evicted (removed), there is no ready way to "undo" the removal and get back into the property.

To appeal, the landlord or tenant – now sometimes referred to as the "appellant" (the party appealing) and the "respondent" (the party responding to the appeal) – must typically take the following steps in the justice court:

1. File a Notice of Appeal. (JCRCP 72(a).)

• The notice must specify the party taking the appeal, the judgment or order appealed from, and the name of the court to which the appeal is taken. (JCRCP 72(c).)
• The notice must be mailed to the opposing party. (JCRCP 72(d).)

2. File a Statement of the Evidence or Proceedings. (JCRCP 74(c).)

• This statement must describe what occurred at the eviction hearing and the evidence and arguments that were presented to the justice court. (JCRCP 74(c).)
• If the proceedings were recorded by a court reporter or electronic recording equipment, the party appealing must order a transcript of the proceedings and provide a copy to all parties instead of filing the statement of evidence. (JCRCP 74(a)-(b).)

3. File a Statement of Points on Appeal. (JCRCP 74(d).)

• This statement must be filed only if the justice court did not prepare findings of fact and conclusions of law.
• This statement must include the facts of the appeal and a general statement of why appellate relief is sought (for example, the court's decision is not supported by substantial evidence, the court's decision was clearly erroneous, and the like). (JCRCP 74(d).)

4. Pay a $97.00 filing fee .

• If an order waiving the appealing party's filing fees has already been granted in the eviction case, no additional filing fee will be required for the appeal.
• If no fee waiver has been granted and the appealing party cannot afford the filing fee, the appealing party can prepare and submit an Application to Proceed In Forma Pauperis, which, if approved, will waive the filing fee requirement.
• An Application to Proceed in Forma Pauperis (sometimes called a "fee waiver application") is available, free of charge, at the Civil Law Self-Help Center or can be downloaded by clicking one of the listed formats underneath the form's title below:

APPLICATION TO WAIVE FILING FEE
Las Vegas | All other towns besides LV

• In a "summary" eviction case, the eviction order will be "stayed" (paused) only if a cost bond in the amount of $250 is filed with the justice court to cover the expected costs on appeal. (NRS 40.385(1).) (Unlike the $71 filing fee, the $250 bond cannot be waived with an Application to Proceed In Forma Pauperis.)
• If the summary eviction involves commercial property, the eviction will be stayed only if the court grants the commercial tenant's motion to stay and the tenant posts 100 percent of the unpaid rent claimed by the landlord. (NRS 40.385(1).)
• In a "formal" eviction case, the party appealing (after a trial or the grant of a Permanent Writ of Restitution) must post, at a minimum, a cost bond in the amount of $250 (unless the justice court fixes a different amount). (JCRCP 73.) If the appealing party wants to "stay" (pause) enforcement of the eviction order, the appealing party must post a bond that is twice the amount of the judgment and costs (unless the court fixes some higher amount). (NRS 40.380.)

If a tenant is appealing a "summary" eviction and is still on the rental property, the tenant is required to continue to pay rent to the landlord when due. (NRS 40.385(2).) If the tenant fails to pay rent, the landlord can initiate a new eviction action by serving the tenant with a new Five-Day Notice to Pay Rent or Quit. (NRS 40.385(2).)

To appeal a summary eviction case, a form that includes a notice of appeal, summary of evidence, and summary of legal issues, is available, free of charge, at the Civil Law Self-Help Center or can be downloaded by clicking one of the listed formats underneath the form's title below:

APPEAL OF SUMMARY EVICTION
Pdf Fillable | Form Guide

To appeal a final judgment in a "formal" eviction case, the following forms are available, free of charge, at the Civil Law Self-Help Center or can be downloaded by clicking one of the listed formats underneath the form's title below:

NOTICE OF APPEAL TO DISTRICT COURT
Pdf Fillable

STATEMENT OF EVIDENCE OR PROCEEDINGS
Pdf Fillable | Pdf Nonfillable

STATEMENT OF POINTS ON APPEAL
Pdf Fillable | Pdf Nonfillable

NOTICE OF POSTING AND ACCEPTANCE OF SUPERSEDEAS/COST BOND ON APPEAL
Pdf Fillable | Pdf Nonfillable

Click to visit our Basics of Court Forms and Filing for specific information about how to file in the justice court or click to visit our Justice Courts page for links and contact information for your court.

When a "summary" or "formal" eviction case is appealed, the justice court clerk will send the case (called the "record" on appeal) to the district court. (JCRCP 74A.) On appeal, the district court judge will not consider new evidence or hear the whole case again. (JCRCP 76A.) The district court will review the record on appeal to decide whether a legal mistake was made in the justice court that caused harm to the appealing party. To help it make that decision, the district court may issue an order setting the case for oral argument (JCRCP 75A) and may require the parties to submit written briefs (JCRCP 75). Ultimately, the district court can set aside, confirm, or modify the justice court's decision and can even order a new trial when necessary or appropriate. (JCRCP 76A.)

A form Appellate Brief is available, free of charge, at the Civil Law Self-Help Center or can be downloaded by clicking one of the listed formats underneath the form's title below:

Under the Nevada Constitution, the district court has final appellate jurisdiction in cases arising in the justice court. (Nev. Const. art. VI, § 6, cl. 1.) Therefore, if the district court upholds the justice court's eviction order, there can be no further appeal.

Filing A Motion to Seal Summary Eviction Case

Tenants can file a Motion to Seal Summary Eviction Case, which asks the court to seal or hide the existence of a case to the public. Some tenants might look into sealing their summary eviction case to remove it from public record so landlords cannot hold the tenants' eviction history against the tenant. The legal reasons why a case can be sealed might include:

• The landlord and the tenant have a written stipulation to set aside the order of eviction and seal the eviction case court file;
• The summary eviction order should be set aside under Rule 60 of JCRCP (see above section "Filing a Motion to Set Aside (Cancel) Summary Eviction Order" for the legal reasons why an eviction order can be set aside); or
• Sealing the eviction case is in the interests of justice and those interests are not outweighed by the public's interest in knowing the contents of the eviction case. The court will look at the following factors: (1) if there were circumstances beyond the control of the tenant that led to the eviction; (2) the extenuating circumstances under which the order of eviction was granted; and (3) the amount of time that has elapsed between the granting of the order of eviction and the filing of the Motion to Seal Summary Eviction case. (NRS 40.2545.)

NOTE! After October 1, 2017, summary eviction cases are automatically sealed 10 days after the court enters an order denying or dismissing the summary eviction, or 31 days after the tenant files an Answer and the landlord does not file a complaint.

To file a Motion to Seal Summary Eviction Case the tenant must:

• File a completed Motion to Seal Summary Eviction case form with the appropriate justice court. The motion is available, free of charge, at the Civil Law Self-Help Center or can be downloaded by clicking one of the listed formats underneath the form's title below:

MOTION TO SEAL SUMMARY EVICTION CASE
Pdf Fillable

If the court has not already granted a fee waiver in the case, pay a $71 filing fee to the justice court or file an Application to Proceed in Forma Pauperis (sometimes called a "fee waiver application"), which is available, free of charge, at the Civil Law Self-Help Center, or which can be downloaded by clicking one of the listed formats underneath the form's title below:

APPLICATION TO WAIVE FILING FEE
Las Vegas | All other towns besides LV

Click to visit Basics of Court Forms and Filing for specific information about how to file in the justice court or click to visit Justice Courts for links and contact information for your court.

TIP! The Las Vegas Justice Court requires all documents to be filed electronically. So anyone filing in that court needs an e-mail address to set up an electronic filing account. To learn more about electronic filing, visit the Las Vegas Justice Court website.

When the tenant files a motion to seal, the court might set the motion for a hearing. Unless and until the judge grants the motion and seals the case, the summary eviction case remains on public record until it is purged from the record, which means it disappears from the public record. If a summary eviction case is not sealed, then an eviction case where the tenant filed an answer or a Motion to Set Aside (Cancel) Summary Eviction Order stays on public record for 6 years. If the tenant did not file an answer or a Motion to Set Aside (Cancel) Summary Eviction Order in the case, the case is purged from the public record after 2 years.

If the tenant's motion to seal is granted, the entire case is sealed and it is removed from public record. The only way to unseal it is if a party files a Motion to Unseal and the judge grants the motion and unseals the case.

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  • Evictions
    • Overview Of The Eviction Process
    • Types Of Eviction Notices
    • Information For Landlords
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    • What To Expect At An Eviction Hearing