al value of the property. [1911 CPA § 183; RL § 5125; NCL § 8681]—(NRS A 1973, 1151) NRS 31.853 Order to show cause; contents; service. The court shall promptly examine the affidavit, and if it is satisfied that it meets the requirements of NRS 31.850, shall issue an order directed to the defendant to show cause why the property should not be taken from the defendant and delivered to the plaintiff. Such order shall: 1. Fix the date and time for the hearing thereon, which shall be no sooner than 10 days from the date of issuance of the order. 2. Inform the defendant that he may file affidavits on his behalf with the court and may appear and present testimony on his behalf at the hearing, or that he may, at or prior to such hearing, file with the court a written undertaking to stay delivery of the property pursuant to NRS 31.890. 3. Inform the defendant that if he fails to appear, the plaintiff will apply to the court for a writ of possession. 4. Require service of the affidavit and order upon the defendant, and fix the time and manner within which such service shall be made, which shall be by personal service or in such other manner as the court may determine to be reasonably calculated to afford notice of the proceeding to the defendant under the circumstances appearing from the affidavit. (Added to NRS by 1973, 1149) NRS 31.856 Issuance of writ of possession without hearing; order shortening time for hearing; undertaking by plaintiff. 1. A writ of possession may be issued prior to the hearing provided by NRS 31.853 if the plaintiff, in his affidavit, or by presentation of other evidence establishes reasonable cause to believe the probability of any one of the following: (a) The defendant gained possession of the property by the commission of any criminal act forbidden by chapter 205 of NRS. (b) The property possessed by the defendant consists of one or more negotiable instruments or credit cards. (c) The property sought to be returned either: (1) Is perishable, and will perish before any hearing upon notice can be had; or (2) By reason of threatened action by the holder, such property is in immediate danger of destruction, serious harm, concealment, removal from this state or sale to an innocent purchaser. 2. Where a writ of possession has been issued prior to hearing under the provisions of this section, the defendant or other person from whom possession of such property has been taken may apply to the court for an order shortening the time for hearing on the order to show cause, and the court may, upon such application, shorten the time for such hearing, and direct that the matter shall be heard on not less than 48 hours’ notice to the plaintiff. 3. No writ of possession may issue pursuant to this section until the plaintiff has filed with the court an approved written undertaking as required by NRS 31.863. (Added to NRS by 1973, 1149) NRS 31.859 Temporary restraining order in lieu of immediate issue of writ of possession. In addition to the issuance of an order to show cause provided by NRS 31.853, and in lieu of the immediate issuance of a writ of possession provided by NRS 31.856, the court may issue such temporary restraining orders directed to the defendant prohibiting such acts with respect to the property as may appear necessary for the preservation of rights of the parties and the status of the property. (Added to NRS by 1973, 1150) NRS 31.863 Hearing on order to show cause; undertaking by plaintiff. 1. Upon the hearing on the order to show cause, the court shall consider the showing made by the parties appearing, and shall make a preliminary determination which party, with reasonable probability, is entitled to possession, use, and disposition of the property pending final adjudication of the claims of the parties. If the court determines that the action is one in which a prejudgment writ of possession should issue, it shall direct the issuance of such writ. 2. A writ of possession shall not issue until plaintiff has filed with the court a written undertaking executed by two or more sufficient sureties, approved by the court, to the effect that they are bound to the defendant in double the value of the property, as determined by the court, for the return of the property to the defendant if return thereof is ordered, and for the payment to him of any sum as may from any cause be recovered against the plaintiff, except that if there is reasonable cause to believe that the plaintiff is a secured party, as defined in chapter 104 of NRS, no undertaking shall be required for the issuance of the writ of possession. (Added to NRS by 1973, 1150) NRS 31.866 Writ of possession. 1. The writ of possession shall be directed to the sheriff within whose jurisdiction the property is located. It shall describe the specific property to be seized, and shall specify the location or locations where, as determined by the court from all the evidence, there is probable cause to believe the property or some part thereof will be found. It shall direct the levying officer to seize it if it is found, and to retain it in his custody. There shall be attached to such writ a copy of the written undertaking filed by the plaintiff, and such writ shall inform the defendant that he has the right to except to the sureties upon such undertaking or to file a written undertaking for the redelivery of such property, as provided in NRS 31.890. 2. Upon probable cause shown by further affidavit or declaration by plaintiff or someone on his behalf, filed with the court, a writ of possession may be endorsed by the court, without further notice, to direct the levying officer to search for the property at another location or locations and to seize it, if found. (Added to NRS by 1973, 1150) NRS 31.870 Sheriff to take property described in writ; service of writ and undertaking on defendant. Upon receipt of the writ of possession, with a copy of the written undertaking attached, the sheriff shall forthwith take the property described in the writ, if it be in the possession of the defendant or his agent, and retain it in his custody. He shall also, without delay, serve on the defendant a copy of the writ and undertaking, by delivering the same to him personally, if he can be found, or to his agent, from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion; or, if neither have any known place of abode, by putting them in the nearest post office, directed to the defendant. [1911 CPA § 185; RL § 5127; NCL § 8683]—(NRS A 1973, 1151) NRS 31.880 Defendant may except to sufficiency of sureties. The defendant may, within 2 days after the service of the writ and the undertaking, give notice to the sheriff that he excepts to the sufficiency of the sureties. If he fails to do so he shall be deemed to have waived all objection to them. When the defendant excepts, the sureties shall justify on notice in like manner as upon bail on arrest; and the sheriff shall be responsible for the sufficiency of the sureties until the objection to them is either waived, as above provided, or until they justify. If the defendant excepts to the sureties he cannot reclaim the property, as provided in NRS 31.890. [1911 CPA § 186; RL § 5128; NCL § 8684]—(NRS A 1973, 1151) NRS 31.890 Return of property to defendant upon giving written undertaking. At any time before the delivery of the property to the plaintiff, the defendant may, if he does not except to the sureties of the plaintiff, require the return thereof, upon the filing with the court, and serving of a copy upon the plaintiff or his attorney, of a written undertaking, approved by the court and executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stat

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