NRS 33.565 Hearing to review verified application for emergency or extended order: Time for hearing in open court; actions that court may take; telephonic hearing to review verified application filed by law enforcement officer; availability of court.

430 words·~2 min read·/nv/chapter-33-injunctions-protection-orders/33-565

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in subsection 2, a court shall hold a hearing in open court to review a verified application filed pursuant to NRS 33.560 not later than 1 judicial day after its filing by the applicant. At the hearing the court may:

(a)Regardless of whether notice and an opportunity to be heard has been provided to the adverse party:

(1)Issue an emergency order pursuant to NRS 33.570 ; or

(2)Decline to issue an emergency order, in which case, the court must:

(I)Schedule a hearing in accordance with NRS 33.575 ; or

(II)If the applicant so requests, dismiss the verified application.

(b)If notice and an opportunity to be heard has been provided to the adverse party:

(1)Issue an extended order pursuant to NRS 33.580 ;

(2)Dismiss the verified application; or

(3)Upon the request of either party and for good cause shown, schedule a hearing in accordance with NRS 33.575 .

2. If the verified application was filed by a law enforcement officer, the court may hold a telephonic hearing to review the verified application not later than 1 day after the filing of the application. At the telephonic hearing, the court:

(a)May not issue an extended order pursuant to NRS 33.580 .

(b)May, regardless of whether notice and an opportunity to be heard has been provided to the adverse party:

(1)Issue an emergency order pursuant to NRS 33.570 ; or

(2)Decline to issue the emergency order, in which case, the court must:

(I)Schedule a hearing in accordance with NRS 33.575 ; or

(II)If the law enforcement agency so requests, dismiss the verified application.

3. The telephonic hearing described in subsection 2 must be recorded contemporaneously by a certified court reporter or by electronic means. After the hearing, the recording must be transcribed, certified by a judicial officer and filed with the clerk of court.

4. In a county whose population is 100,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to conduct telephonic hearings pursuant to subsection 2.

5. In a county whose population is less than 100,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to conduct telephonic hearings pursuant to subsection 2.