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Nevada Revised Statutes Title 3. Remedies; Special Actions and Proceedings § 41.290. Order of court;  hearing on objections;  disposition and rescission of order

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1.?If, within 10 days after the publication of the notice, or if, pursuant to subsection 2 or 3 of NRS 41.280, such publication is not required, within 10 days after filing of the petition, no written objection is filed with the clerk, upon proof of the filing of the petition and publication of notice, if required in NRS 41.280, and upon being satisfied by the statements in the petition, or by other evidence, that good reason exists therefor, the court shall make an order changing the name of the applicant as prayed for in the petition. ?If, within the period an objection is filed, the court shall appoint a day for hearing the proofs, respectively, of the applicant and the objection, upon reasonable notice. ?Upon that day, the court shall hear the proofs, and grant or refuse the prayer of the petitioner, according to whether the proofs show satisfactory reasons for making the change. ?Before issuing its order, the court shall specifically take into consideration the applicant's criminal record, if any, which is stated in the petition.

2.?Upon the making of an order either granting or denying the prayer of the applicant, the order must be recorded as a judgment of the court. ?If the petition is granted, the name of the applicant must thereupon be as stated in the order and the clerk shall transmit a certified copy of the order to the State Registrar of Vital Statistics.

3.?If an order grants a change of name to a person who has a criminal record, the clerk shall transmit a certified copy of the order to the Central Repository for Nevada Records of Criminal History for inclusion in that person's record of criminal history. ?The order must be accompanied by a complete set of the person's fingerprints taken in the manner prescribed by the Director of the Department of Public Safety.

4.?Upon receiving uncontrovertible proof that an applicant in the petition falsely denied having been convicted of a felony or falsely stated under penalty of perjury that he or she is not changing his or her name for a fraudulent purpose, the court shall rescind its order granting the change of name and the clerk shall transmit a certified copy of the order rescinding the previous order to:

(a)?The State Registrar of Vital Statistics for inclusion in the State Registrar's records.

(b)?The Central Repository for Nevada Records of Criminal History, accompanied by a complete set of the applicant's fingerprints taken in the manner prescribed by the Director of the Department of Public Safety, for inclusion in the applicant's record of criminal history.

Cite this article: FindLaw.com - Nevada Revised Statutes Title 3. Remedies; Special Actions and Proceedings § 41.290. Order of court;  hearing on objections;  disposition and rescission of order - last updated January 01, 2020 | https://codes.findlaw.com/nv/title-3-remedies-special-actions-and-proceedings/nv-rev-st-41-290.html


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