Nevada Motion for Continuance

Introduction

Key Things to Know

1. 1

   Nevada calls it a continuance, governed in district court by Nevada District Court Rule (DCR) 14. NRCP 40 only leaves trial scheduling to local rules, and no general NRCP continuance rule is covered here.

2. 2

   The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you in writing or in open court that it has been moved.

3. 3

   For a continuance sought for the absence of an attorney or party after a law-day call, DCR 9(2)-(3) asks whether it is in good faith reasonably necessary and not sought merely for delay or by reason of neglect.

4. 4

   DCR 14(1) says motions for continuance shall be made on affidavit, and DCR 14(3) says no continuance will be granted unless the affidavit conforms to the rule. If the court finds you did not have time to prepare one, it may take sworn oral testimony.

5. 5

   For an absent witness, DCR 14(2) calls for an affidavit stating the witness names, your diligence, the expected testimony, when you learned of the problem, and your good faith.

6. 6

   DCR 14(4) says to serve copies of your affidavits on the other side as soon as practicable after you know the cause. No fixed day count is stated. The other side may file counter-affidavits, and affidavits cannot be amended at the hearing (DCR 14(5), (6)).

7. 7

   Eviction trials have their own limits: under NRS 40.340 the court may for good cause adjourn a summary eviction trial up to 5 days, or up to 30 days if the defendant swears to a missing material witness, the diligence used and the evidence expected, and gives a bond for rent accruing and costs.

Nevada Requirements for Motion for Continuance

• DCR 14 Governs Continuances

  Nevada District Court Rule 14 covers motions for continuance. NRCP 40 only delegates trial scheduling to local rules.

• Motion Made on Affidavit

  Motions for continuance shall be made on affidavit except where it shall appear to the court that the moving party did not have time to prepare one (DCR 14(1)). None will be granted unless the affidavit conforms to the rule (DCR 14(3)).

• Absent Witness Affidavit Contents

  For absent witnesses the affidavit must state the witness names, diligence, expected testimony, when the problem was learned, and good faith (DCR 14(2)).

• Good Faith, Not for Delay

  Where a continuance is sought for the absence of an attorney or party after a law-day call, it must be in good faith reasonably necessary and not sought merely for delay or by reason of neglect (DCR 9(2)-(3)).

• Serve Affidavits Promptly

  Copies of the affidavits must be served on the opposing party as soon as practicable after the cause is known. No fixed day count is stated (DCR 14(4)).

• Counter-Affidavits and No Amendments

  The other side may file counter-affidavits, and affidavits cannot be amended at the hearing (DCR 14(5), (6)).

• Stipulated Time Extensions

  A stipulated extension of time is effective only if approved by the court and submitted before the time expires (NRCP 6(b)(1)(A)). The hearing date stands until the court rules.

• Eviction Trial Adjournment Limits

  The court may for good cause adjourn a summary eviction trial up to 5 days, or up to 30 days with the defendant's oath about a missing material witness, the diligence used and the evidence expected, and a bond for rent accruing and costs (NRS 40.340).

• Eviction Service Timing

  An unlawful detainer trial cannot be held less than 21 calendar days after service, and the court must continue the trial if service was not completed 21 days before (JCRCP 39(c)).