By Michael ‘Bo’ Anderson
Several summary eviction process rules (Rules 101–111) were amended effective October 29, 2024. [See https://nvcourts.gov/supreme/rules/rule_amendments_for_all_nevada_courts.] Here are five things to know about the changes:
1. The rules are easier to understand
Making the rules easier to understand makes navigating the summary eviction process easier for pro se litigants. Rule 102 gives instructions on the filing of summary eviction cases. While no changes have been made to the filing process, the rule has been shortened and simplified. Language in the previous rule detailing what the civil cover sheet for a summary eviction must contain has been removed.
Rule 105 previously read: “Hearings regarding applications for orders of summary eviction shall be informal.” However, “shall” is not a word used much in today’s modern communication. Replacing the direction that hearings “shall” be informal with language that says the hearings “must” be informal should put participants at ease. This is not a place to use fancy legalese; rather, this is a place to clearly state your case.
2. There are some procedural changes
While many changes make the language easier to understand, there are changes that affect the summary eviction process. For instance, Rule 101 details the notice requirements for unlawful detainer actions. The October 29th amendment requires that any commercial unlawful detainer action must also conform to the Rule 101 notice requirements.
3. Some changes are small
The removal of confusing language in Rules 102, 105, and 111 are examples of this. There are no procedural changes in these rules. The changes are simply attempts to make the rules easier to understand.
4. Some changes are more substantial
Rule 103 previously allowed for the judge in a summary eviction matter to stay all proceedings in a case if the judge believed that the tenant was not properly served. The new Rule 103 allows the judge to conduct a hearing on their own motion, but the specific language staying proceedings if the tenant was not properly served has been removed.
Rule 104 previously allowed justice courts to enact rules requiring landlords to provide additional information on the notice of eviction. That language was removed.
5. The biggest change is in Rule 110
The change that is most likely to impact litigants comes in Rule 110. Rule 110 allows a tenant to file a Motion to Stay Enforcement of an Eviction Order. Previously, this Motion could be filed at any time, before or after the Eviction Order was issued. Now, Rule 110(c) states:
If such motion is filed after the court has already issued a summary eviction order, or after the sheriff or constable has already executed the summary eviction order, it is untimely and may be summarily denied.
Finally, the tenant answer has been amended to allow for a person to make the request for a stay at the same time they file their answer.
About the author
Michael ‘Bo’ Anderson is the Directing Attorney of the Legal Aid Center of Southern Nevada’s Civil Self Help Law Center serving over 60,000 people annually. Before working for Legal Aid Center, Bo was in private and government practice in Missouri and Nebraska for 23 years. Bo earned his bachelors of science in biology from Southwest Baptist University in 1994 and his Juris Doctorate from Creighton University School of Law in 1998.
About the article
This article was originally published in the Communiqué (Jan. 2025), the official publication of the Clark County Bar Association. See https://clarkcountybar.org/about/member-benefits/communique-2025/communique-jan-2025/.
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