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Vegas Law
Liability of sheriff for escape or rescue.
NRS 31.710 Recovery on official bond of sheriff.
NRS 31.720 Defendant may move to vacate arrest or reduce bail; hearing.
NRS 31.730 Vacation of order of arrest and reduction of bail.
DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS
NRS 31.740 Persons confined on execution issued on judgment may be discharged.
NRS 31.750 Notice of application for discharge.
NRS 31.760 Service of notice of application.
NRS 31.770 Hearing on application.
NRS 31.780 Oath of defendant on discharge.
NRS 31.790 Order of discharge.
NRS 31.800 Renewal of application for discharge.
NRS 31.810 Effect of discharge; judgment remains in force.
NRS 31.820 Plaintiff may order discharge of prisoner; effect of discharge.
NRS 31.830 Creditor to advance money to jailer for support of prisoner.
CLAIM AND DELIVERY
NRS 31.840 Delivery may be claimed before answer.
NRS 31.850 Requisites of affidavit by plaintiff.
NRS 31.853 Order to show cause; contents; service.
NRS 31.856 Issuance of writ of possession without hearing; order shortening time for hearing; undertaking by plaintiff.
NRS 31.859 Temporary restraining order in lieu of immediate issue of writ of possession.
NRS 31.863 Hearing on order to show cause; undertaking by plaintiff.
NRS 31.866 Writ of possession.
NRS 31.870 Sheriff to take property described in writ; service of writ and undertaking on defendant.
NRS 31.880 Defendant may except to sufficiency of sureties.
NRS 31.890 Return of property to defendant upon giving written undertaking.
NRS 31.900 Justification of defendant’s sureties.
NRS 31.910 Qualifications of sureties and manner of justification.
NRS 31.920 Sheriff may take concealed property by force after demand.
NRS 31.930 Sheriff to keep property in secure place; to deliver upon receipt of fees and expenses.
NRS 31.940 Claim by third party; undertaking by plaintiff; determination of title.
NRS 31.950 Sheriff to make return within 20 days after taking property.
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ATTACHMENT
NRS 31.010 Application to court for writ of attachment: Timing; requirements when Department of Taxation has taken over management of local government.
1. Except as otherwise provided in subsection 2, the plaintiff at the time of issuing the summons, or at any time thereafter, may apply to the court for an order directing the clerk to issue a writ of attachment and thereby cause the property of the defendant to be attached as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment as provided in this chapter.
2. If the Department of Taxation has taken over the management of a local government pursuant to the provisions of NRS 354.686, and if a plaintiff is allowed by law to apply to a court for an order directing the clerk to issue a writ of attachment, the plaintiff must comply with the applicable provisions of NRS 354.701 before applying for such an order.
[1911 CPA § 205; RL § 5147; NCL § 8703]—(NRS A 1973, 1170; 2005, 1394)
NRS 31.013 Issuance of writ of attachment after notice and hearing. The court may after notice and hearing, order the clerk to issue a writ of attachment in the following cases:
1. In an action upon a judgment or upon a contract, express or implied, for the direct payment of money:
(a) If the judgment is not a lien upon or the contract is not secured by mortgage, lien or pledge upon real or personal property situated in this state; or
(b) If such lien or security has, without any act of the plaintiff or the person to whom the security was given, become valueless or insufficient in value to secure the sum due the plaintiff, in which case the attachment shall issue only for the unsecured portion of the amount due the plaintiff, which is equal to the excess of the amount due the plaintiff above the value of the security.
2. In any case where the attachment of the property of the defendant is allowed pursuant to this chapter or other provision of law.
3. In any other case where the court finds that extraordinary circumstances exist which will make it improbable for the plaintiff to reach the property of the defendant by execution after the judgment has been entered.
(Added to NRS by 1973, 1171)
NRS 31.017 Issuance of writ of attachment without notice and hearing. The court may order the writ of attachment issued without notice to the defendant only in the following cases:
1. In an action by a resident of this State against a defendant not residing in this State. For purposes of this subsection only, domestic corporations and foreign corporations who are doing business in this State and who have qualified to do business in this State as required in chapter 80 of NRS shall be deemed residents of this State. Alien corporations and foreign corporations who have not qualified to do business shall be deemed nonresidents.
2. In an action upon a foreign judgment for the direct payment of money.
3. In an action for the recovery of the value of personal property, where such personal property is owned by the plaintiff and has been taken or converted by the defendant without the consent of the plaintiff.
4. In an action by a resident of this State, where the defendant is about to remove his money or property, or any part thereof, from this State, and the defendant’s property which may remain within this State, if any, will be insufficient to satisfy plaintiff’s claim. For purposes of this subsection only, a foreign corporation qualified to do business in this State as provided in chapter 80 of NRS shall be deemed a resident of this State.
5. Where the defendant is about to give, assign, hypothecate, pledge, dispose of or conceal his money or property or any part thereof and the defendant’s money or property remaining in this State or that remaining unconcealed will be insufficient to satisfy the plaintiff’s claim.
6. In an action for the recovery of money or property, or the proceeds thereof, obtained from the plaintiff by the defendant through embezzlement, forgery, larceny or extortion.
7. In an action brought under chapter 112 of NRS.
8. In an action by the State, or a political subdivision thereof, brought under chapter 130 of NRS.
9. In an action where jurisdiction in this State can only be obtained by the attachment of the defendant’s property.
(Added to NRS by 1973, 1172)
NRS 31.020 Affidavit for attachment: Contents.
1. All applications to the court for an order directing the clerk to issue a writ of attachment without notice to the defendant shall be accompanied by the affidavit of the plaintiff or any other person having personal knowledge of the facts constituting one or more of the grounds for attachment, which affidavit or affidavits shall:
(a) Set forth clearly the nature of the plaintiff’s claim for relief and that the same is valid.
(b) Set forth the amount which the affiant believes the plaintiff is entitled to recover from the defendant, and if there is more than one plaintiff or more than one defendant, the amount the affiant believes each plaintiff is entitled to recover or the amount that the plaintiff is entitled to recover from each defendant.
(c) Describe in reasonable and clear detail all the facts which show the existence of any one of the grounds for an attachment without notice to the defendant.
(d) Describe in reasonable detail the money or property sought to be attached and the location thereof if known.
(e) If the property sought to be a
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