own knowledge, except as to the matters which are therein stated on his information and belief, and as to those matters that he believes it to be true. And where a pleading is verified, it shall be by the affidavit of the party, unless he be absent from the county where the attorneys reside, or from some cause unable to verify it, or the facts are within the knowledge of his attorney or other person verifying the same. 2. When the pleading is verified by the attorney, or any other person except the party, he shall set forth in the affidavit the reasons why it is not made by the party. 3. When a corporation is a party, the verification may be made by any officer thereof; or when the State, or any officer thereof in its behalf, is a party, the verification may be made by any person acquainted with the facts; except that in actions prosecuted by the Attorney General, in behalf of the State, the pleadings need not, in any case, be verified. 4. In all cases where, by the foregoing provisions, the verification may be made by the attorney, such verification may be by him made on information and belief if the facts are not within his knowledge. 5. The affidavit may be in substantially the following form and need not be subscribed before a notary public: Under penalties of perjury, the undersigned declares that he is the ................................ (plaintiff, defendant) named in the foregoing ................................ (complaint, answer) and knows the contents thereof; that the pleading is true of his own knowledge, except as to those matters stated on information and belief, and that as to such matters he believes it to be true. ....................................................................... [1911 CPA § 122; A 1939, 20; 1931 NCL § 8620]—(NRS A 1969, 180) NRS 15.030 Transfer of motion when judge unable to hear parties. When a notice of a motion is given, or an order to show cause is made returnable before a judge out of court, and at the time fixed for the motion, or, on the return day of the order, the judge is unable to hear the parties, the matter may be transferred by his order to some other judge before whom it might originally have been brought. [1911 CPA § 423; RL § 5365; NCL § 8912] NRS 15.040 Enforcement of order for payment of money. Whenever an order for the payment of a sum of money is made by a court, it may be enforced by execution in the same manner as if it were a judgment. [1911 CPA § 424; RL § 5366; NCL § 8913] NRS 15.050 Vacation or modification of order made out of court without notice. An order made out of court without notice to the adverse party, may be vacated or modified without notice by the judge who made it, but such proceeding must be limited to the same record upon which the order was made, or such order may be vacated or modified on notice, in the manner in which others motions are made. [1911 CPA § 424.01; added 1937, 26; 1931 NCL § 8913.01] CHAPTER 16 - DATE OF TRIAL; TRIAL BY JURY; MASTERS DATE OF TRIAL NRS 16.010 Motion to postpone trial on ground of absence of evidence. NRS 16.020 Depositions of witnesses in case of postponement; actions involving title to mining claims. NRS 16.025 Preferences in setting date for trial: Party 70 years of age or older; party seriously ill; defendant convicted of crime punishable as felony. TRIAL BY JURY NRS 16.030 Drawing and examination of jurors; administration of oath or affirmation. NRS 16.040 Challenges to jurors; peremptory challenges. NRS 16.050 Grounds for challenges for cause. NRS 16.060 Challenges for cause tried by court. NRS 16.070 Jury to be sworn; court may order jury into custody of officer. NRS 16.080 Discharge and replacement of jurors who become unable or disqualified to perform duties. NRS 16.090 Order of proceedings after jury has been sworn. NRS 16.100 Jury may view property or premises. NRS 16.110 Instructions to jury. NRS 16.120 Deliberation of jury: How and where conducted. NRS 16.130 Jury may take papers, materials and notes of testimony when retiring for deliberation. NRS 16.140 Jury may come into court for further instructions. NRS 16.150 Action may be tried again when jury discharged or prevented from giving verdict. NRS 16.160 Court may adjourn from time to time while jury absent; sealed verdict. NRS 16.170 Verdict of jury. NRS 16.180 Proceedings when verdict informal. NRS 16.190 Polling jury; recording verdict and discharging jury. MASTERS NRS 16.200 Two of three masters may act. _________ DATE OF TRIAL NRS 16.010 Motion to postpone trial on ground of absence of evidence. A motion to postpone a trial, on the ground of the absence of evidence, shall only be made upon affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it. The court may also require the moving party to state upon affidavit the evidence which he expects to obtain; and if the adverse party thereupon admit that such evidence would be given and that it be considered as actually given on the trial, or offered and overruled as improper, the trial shall not be postponed. [1911 CPA § 260; RL § 5202; NCL § 8758] NRS 16.020 Depositions of witnesses in case of postponement; actions involving title to mining claims. 1. The party obtaining the postponement of a trial shall also, if required by the adverse party, consent that the testimony of any witness of such adverse party who is in attendance be then taken by deposition before a judge or clerk of the court in which the case is pending, or before such notary public as the court may indicate, which shall accordingly be done, and the testimony so taken may be read on the trial, with the same effect, and subject to the same objections, as if the witness were produced. 2. In actions involving the title to mining claims, if it be made to appear to the satisfaction of the court that in order that justice may be done, and the action fairly tried on its real merits, it is necessary that further development should be made, and that the party applying has been guilty of no laches and is acting in good faith, the court shall grant the postponement of the trial of the action, giving the party a reasonable time in which to prepare for trial. And in granting such postponement, the court may, in its discretion, annex as a condition thereto an order that the party obtaining such postponement shall not, pending the trial of the action, remove from the premises in controversy any valuable earth or ore, and for any violation of an order so made, the court or the judge thereof may punish for contempt, as in the cases of violation of an order of injunction, and may also vacate the order of postponement. [1911 CPA § 261; RL § 5203; NCL § 8759] NRS 16.025 Preferences in setting date for trial: Party 70 years of age or older; party seriously ill; defendant convicted of crime punishable as felony. 1. Upon the motion of a party to an action who is 70 years of age or older, the court may give preference in setting a date for the trial of the action, unless the court finds that the party does not have a substantial interest in the case as a whole. 2. A court may grant a motion for preference in setting a date for the trial of an action if the court determines that based upon clear and convincing medical evidence, a party to the action suffers from an illness or condition which raises a substantial medical doubt that the party will survive for more than 6 months, and the court determines that the interests of justice would be s

Vegas Law