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Current as of January 01, 2025 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Nevada Revised Statutes Title 3. Remedies; Special Actions and Proceedings § 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 - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-3-remedies-special-actions-and-proceedings/nv-rev-st-33-565/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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