Dear Nevada Democrats: it isn't the fact that summary evictions are legal that's the problem. It's the clerks office refusing to accept the Tenant's Answer for filing because they apparently can't count that's the actual issue.
Want to have Tenants with massive judgements following them for years because the landlord is unable to get them out and rerent? Eliminating SE is the way to do it.
I have encouraged landlords to file Small Claims cases against tenants who do not pay rent, as a "reminder" to the tenants that the rent is not forgiven and remains an enforceable debt. It was our hope that this might encourage the non-paying tenants to vacate despite moratoriums.
Why Small Claims and not regular Justice Court where the landlords can tack on attorneys' fees and costs and frankly not wait 4 months for Small Claims to get around to the case?
8:51- Small Claims is a division of Justice Court and claims cannot exceed $10k. However Plaintiffs can bring their claims in regular Justice Court for any amount in controversy from $0-$15k.
There is currently legislation introduced this term (AB 11) to decrease Small Claims Court jurisdiction to $7,500 and limit how many cases a single plaintiff may file.
Guest
Anonymous
February 23, 2021 6:03 pm
Thanks in advance for helping with this. I have an evidentiary hearing next week. I have a witness out of state who will obviously be appearing by BlueJeans. We are having a dispute as to whether the court clerk can swear in all witnesses (in Nevada and out of Nevada) during the Pandemic or whether the court clerk can only swear in witnesses over video that are in Nevada but that witnesses over video that are not in Nevada need a separate notary wherever they are. Cannot find the rule one way or the other. Help please and thank you.
NRS 50.035 says 1. Before testifying, every witness shall be required to declare that he or she will testify truthfully, by oath or affirmation administered in a form calculated to awaken his or her conscience and impress his or her mind with the duty to do so.
2. An affirmation is sufficient if the witness is addressed in the following terms: “You do solemnly affirm that the evidence you shall give in this issue (or matter), pending between ……………. and ……………., shall be the truth, the whole truth, and nothing but the truth.” Assent to this affirmation shall be made by the answer, “I do.”
There is nothing that says they have to be in the state or declare under the laws of the state, etc. I think that means you're good to go as long as they affirm.
I'm not sure why you would need a separate notary, but if you decide you do, Nevada law allows certain notaries (who have been certified) to notarize documents, etc remotely for people wherever they are as long as the notary is in Nevada.
(a) The court must ensure that the statements of participants are audible to all other participants and the court staff and that the statements made by a participant are identified as being made by that participant. The court may require a party to coordinate with a court-appointed person or persons within a certain time before the proceeding to ensure the equipment is compatible and operational.
(b) Upon convening a telephonic transmission proceeding, the court shall:
(1) Recite the date, time, case name, case number, names and locations of the parties and counsel, and the type of proceeding;
(2) Ascertain that all statements of all parties are audible and visible to all participants;
(3) Give instructions on how the proceeding is to be conducted, including notice if necessary, that in order to preserve the record, speakers must identify themselves each time they speak; and
(4) Place the witness under oath and ensure that the witness is subject to cross-examination.
This is 10:03. My hearing is in Family Court. I will say thanks to the information above that Part IX-A is for criminal proceedings and have discovered that Part IX-B is for civil and family. However I do not see anything in Part IX-B that requires a notary or oath to be administered where a witness is located for an evidentiary hearing over BlueJeans or that the Court Clerk cannot swear witnesses in over BlueJeans regardless of location.
1:54- It is Family Court. This particular opposing counsel jams people up over everything. However I don't want to look out of touch if there is some rule that states out of state witnesses must be accompanied by a notary in their jurisdiction to participate in an evidentiary hearing over video.
Guest
Anonymous
February 23, 2021 6:17 pm
Good luck to the latest crop of bar exam takers. May your essays be defensible and your guesses on the Multi-State good ones. (Thank God it's you and not me!)
Guest
Anonymous
February 23, 2021 7:15 pm
This is "structural racism" in action? WTF:
According to faculty, students and administrators interviewed by The Nevada Independent, that big-tent of structural racism covers myriad different, smaller issues. To name only a few: admissions criteria may unintentionally discriminate against some students; remediation programs (which are already being phased out of Nevada colleges and universities) may disproportionately reduce the likelihood that students of color will graduate; a hostile campus climate may negatively affect student performance or otherwise harm student outcomes.
Really?
Who is responsible for kids arriving at UNLV incapable of simple math or reading and writing? The Teachers Unions and the criminally corrupt leaders of CCSD. Ban them first.
Maybe UNLV could fix their structural racism by renaming the school after the Nevada senator who claimed Obama would be a successful candidate given his "light-skin" and lack of "Negro dialect, unless he wanted to have one" … I mean, it worked for McCarran Airport right?
Or the POTUS who used the N word so often there are a couple of compilation videos online (best watched in conjunction with the compilations of him fondling women and girls).
Based on the article, structural racism is:
1. Not giving minorities preference in admissions.
2. Not giving minorities specialized tutoring and other resources the other kids cannot access.
3. Not giving minorities special safe spaces where they can gaze at their navels in peace, away from any possible interaction with other kids that might be in any way uncomfortable.
The ultimate solution to such problems is pretty obvious. The actress from the Mandalorian nailed it.
Man that Reid quote is crazy. I had forgotten about that. It's crazy how fast the media and everyone else is to try to crucify any republican that says stupid stuff…but Reid remains unscathed. It's 100% why I'm a "democrat" and 100% why I keep my head down when anyone ever brings up anything political.
Dear Nevada Democrats: it isn't the fact that summary evictions are legal that's the problem. It's the clerks office refusing to accept the Tenant's Answer for filing because they apparently can't count that's the actual issue.
Want to have Tenants with massive judgements following them for years because the landlord is unable to get them out and rerent? Eliminating SE is the way to do it.
I have encouraged landlords to file Small Claims cases against tenants who do not pay rent, as a "reminder" to the tenants that the rent is not forgiven and remains an enforceable debt. It was our hope that this might encourage the non-paying tenants to vacate despite moratoriums.
Why Small Claims and not regular Justice Court where the landlords can tack on attorneys' fees and costs and frankly not wait 4 months for Small Claims to get around to the case?
I imagine it depends on the amount in controversy. I don't practice there much, but isn't it something like 10k or less is small claims?
8:51- Small Claims is a division of Justice Court and claims cannot exceed $10k. However Plaintiffs can bring their claims in regular Justice Court for any amount in controversy from $0-$15k.
There is currently legislation introduced this term (AB 11) to decrease Small Claims Court jurisdiction to $7,500 and limit how many cases a single plaintiff may file.
Thanks in advance for helping with this. I have an evidentiary hearing next week. I have a witness out of state who will obviously be appearing by BlueJeans. We are having a dispute as to whether the court clerk can swear in all witnesses (in Nevada and out of Nevada) during the Pandemic or whether the court clerk can only swear in witnesses over video that are in Nevada but that witnesses over video that are not in Nevada need a separate notary wherever they are. Cannot find the rule one way or the other. Help please and thank you.
NRS 50.035 says 1. Before testifying, every witness shall be required to declare that he or she will testify truthfully, by oath or affirmation administered in a form calculated to awaken his or her conscience and impress his or her mind with the duty to do so.
2. An affirmation is sufficient if the witness is addressed in the following terms: “You do solemnly affirm that the evidence you shall give in this issue (or matter), pending between ……………. and ……………., shall be the truth, the whole truth, and nothing but the truth.” Assent to this affirmation shall be made by the answer, “I do.”
There is nothing that says they have to be in the state or declare under the laws of the state, etc. I think that means you're good to go as long as they affirm.
I'm not sure why you would need a separate notary, but if you decide you do, Nevada law allows certain notaries (who have been certified) to notarize documents, etc remotely for people wherever they are as long as the notary is in Nevada.
Re: swearing in the witness – SCR Part IX-A, Rule 4(7)
Here is SCR Part IX-A, Rule 4(7) https://www.leg.state.nv.us/courtrules/SCR_AudTranEquip.html
7. Audibility and procedure.
(a) The court must ensure that the statements of participants are audible to all other participants and the court staff and that the statements made by a participant are identified as being made by that participant. The court may require a party to coordinate with a court-appointed person or persons within a certain time before the proceeding to ensure the equipment is compatible and operational.
(b) Upon convening a telephonic transmission proceeding, the court shall:
(1) Recite the date, time, case name, case number, names and locations of the parties and counsel, and the type of proceeding;
(2) Ascertain that all statements of all parties are audible and visible to all participants;
(3) Give instructions on how the proceeding is to be conducted, including notice if necessary, that in order to preserve the record, speakers must identify themselves each time they speak; and
(4) Place the witness under oath and ensure that the witness is subject to cross-examination.
Was this in Judge Escobar's courtroom this morning?
This is 10:03. My hearing is in Family Court. I will say thanks to the information above that Part IX-A is for criminal proceedings and have discovered that Part IX-B is for civil and family. However I do not see anything in Part IX-B that requires a notary or oath to be administered where a witness is located for an evidentiary hearing over BlueJeans or that the Court Clerk cannot swear witnesses in over BlueJeans regardless of location.
is opposing counsel really jamming you up over this?
1:54- It is Family Court. This particular opposing counsel jams people up over everything. However I don't want to look out of touch if there is some rule that states out of state witnesses must be accompanied by a notary in their jurisdiction to participate in an evidentiary hearing over video.
Good luck to the latest crop of bar exam takers. May your essays be defensible and your guesses on the Multi-State good ones. (Thank God it's you and not me!)
This is "structural racism" in action? WTF:
According to faculty, students and administrators interviewed by The Nevada Independent, that big-tent of structural racism covers myriad different, smaller issues. To name only a few: admissions criteria may unintentionally discriminate against some students; remediation programs (which are already being phased out of Nevada colleges and universities) may disproportionately reduce the likelihood that students of color will graduate; a hostile campus climate may negatively affect student performance or otherwise harm student outcomes.
Really?
Who is responsible for kids arriving at UNLV incapable of simple math or reading and writing? The Teachers Unions and the criminally corrupt leaders of CCSD. Ban them first.
Maybe UNLV could fix their structural racism by renaming the school after the Nevada senator who claimed Obama would be a successful candidate given his "light-skin" and lack of "Negro dialect, unless he wanted to have one" … I mean, it worked for McCarran Airport right?
Or the POTUS who used the N word so often there are a couple of compilation videos online (best watched in conjunction with the compilations of him fondling women and girls).
Based on the article, structural racism is:
1. Not giving minorities preference in admissions.
2. Not giving minorities specialized tutoring and other resources the other kids cannot access.
3. Not giving minorities special safe spaces where they can gaze at their navels in peace, away from any possible interaction with other kids that might be in any way uncomfortable.
The ultimate solution to such problems is pretty obvious. The actress from the Mandalorian nailed it.
Man that Reid quote is crazy. I had forgotten about that. It's crazy how fast the media and everyone else is to try to crucify any republican that says stupid stuff…but Reid remains unscathed. It's 100% why I'm a "democrat" and 100% why I keep my head down when anyone ever brings up anything political.
Reid is a racist, but hey the entire commission and Sisolak let's name McCarran after a bigot.