LAS VEGAS, NV (KTNV) – A new court order in Las Vegas could mean renters have less time exposed to an eviction. This is because the final moratorium on lockouts expires after July 31st.
We are talking about Administrative Order 21-08 from the Las Vegas Justice Court, signed Tuesday.
The court is now to be open on Fridays from 8 a.m. to 4 p.m.
Since July 2020, the court has been closed on Friday as part of a cost-saving measure due to the pandemic.
Nevada Legal Services says the timing of this order is disappointing and “… was issued with virtually no warning.” They fear that filing a file could leave some residents homeless.
This is because the number of days a tenant has to respond to an eviction notice is counted.
Renters have at least a day less to respond and possibly more depending on what day of the week they are served.
This only applies to cases before the Las Vegas Justice Court.
The North Las Vegas and Henderson Courts will be closed on Fridays.
Here is the full statement from Nevada Legal Services:
“The Las Vegas Justice Court has been closed on Fridays since July 2020. On the afternoon of last Tuesday, July 27, 2021, the Las Vegas Justice Court issued Administrative Order No. 21-08, which provides that the Las Vegas Justice Court, from now on, open on Fridays. Our office only became aware of this administrative order this morning. “
“This measure is particularly important with regard to eviction notices, for which a tenant must submit a challenge to an eviction notice (tenant’s affidavit) within a limited number of days. By adding an additional judicial day to the week, a tenant now has 1 4 fewer days within which to submit a tenant’s affidavit to the court. How many days are less depends on the day on which the eviction notice is delivered and how the counting of court days affects the weekends. For example, if an eviction notice due to non-payment of the rent, which allows 7 days for the submission of an affidavit by the tenant, is delivered on a Monday, the tenant now has 1 day less time to submit it, 4 days less time to submit it than before the issuance this administrative order. “
“If a tenant fails to submit the prescribed deadline, any attempt by a tenant to make an affidavit by the tenant will be rejected and the court will issue an eviction order at the request of the landlord without hearing or any other opportunity for the tenant to assert a defense. “
“Our office is very disappointed with the timing of this administrative order and that it has been issued with virtually no warning. The CDC moratorium will expire in two days. This moratorium has prevented countless Las Vegas residents from being evicted and made homeless during this time. ” COVID-19 pandemic. With this moratorium being lifted, the number of eviction notices served is expected to skyrocket from next week. At a time when many of our Las Vegas residents are struggling to have a roof over their heads and food, the deadline for filing has been immediately shortened, but more importantly, countless renters are waiting for our impending eviction waiver Law firm and other lawyers have been advised to include Fridays in calculating the There is no time to adequately inform all of these tenants that if they count the days indicated they may be late in filing their tenant’s affidavit was due to premature Filing refused, essentially an eviction order issued and locked out of their homes a few days later. While the exact number is unknown, there is little doubt that this administrative order is leaving many of our Las Vegas residents homeless as a result of a filing formal. It’s unfortunate to say the least. “
The Las Vegas Court of Justice made the following statement:
“Although a decision had previously been made that Fridays were not counted as court days, a review of applicable law revealed that such a decision was not legally permissible. Judicial and extrajudicial days are defined by the revised Nevada Articles of Association 1.120 and 1.130 and include essentially any day that legal business can be conducted except Sundays and Holidays. In addition, the Court of Justice’s Code of Civil Procedure (JCRCP) 77 (a) states: the issuance and return of mesne and the final process, and the preparation and management of all injunctions, orders and rules. ”JCRCP 77 (d) provides that “Extrajudicial days for judicial courts are the same as for district courts. If a day on which an action to be performed under any of these rules is to be performed on a Saturday, Sunday or public holiday, the action is” can be performed on the next court day . “Extrajudicial days for the Eighth District Court include only Saturdays, Sundays, and public holidays. The court has a duty to uphold Nevada state law even in the midst of a pandemic. “
“As of 2011, the Las Vegas Court has given litigants the power to electronically file all pleadings, including the tenant’s affidavit, at any time of the day or night, seven days a week. In the fall of 2020, the court launched the online tutorial Interview in conjunction with the Self-Help Center for Civil Law, which allows a tenant to go through a series of questions which are then used to fill out the tenant’s affidavit and electronically submit the document to the court together so that 13 customer service windows Monday through Friday can be occupied by civil rights self-help center staff and volunteers to assist tenants with electronic filing of documents to court Nevada offers pop-up clinics on weekends to assist tenants. This contact had a significant impact on the number of tenants who responded to evictions by filing an affidavit with the court. In the past, only around 25% of tenants responded to evictions. That number rose to 66% in June 2021 and to 95% in the first half of July 2021. Additionally, nearly 85% of tenants submit their affidavits to the court electronically instead of submitting a paper document to the bailiff’s window. “
“While the count of court days a tenant is responsible for is now back in line with the revised Nevada Bylaws and the Courts of Justice Code of Civil Procedure, the court will ensure that every tenant has the legally permitted number of court days and every opportunity to do so gain access to court either through electronic filing or in-person filing. “
“Although the media has consistently reported that the“ moratorium ”on evictions was set by the Order of the Centers for Disease Control and Prevention, it is important to note that the federal guidelines on this order of the Centers for Control and Prevention of Diseases, the US Department, of Health and Human Services, US Department of Housing and Urban Development, and US Department of Justice state that the ordinance is not intended to prevent landlords from initiating an eviction procedure or suspending the operation of any state or local court prevent an actual lockout before the order expires. Accordingly, the evacuation process continued within these parameters for the life of the CDC arrangement. “
“In addition, through working with Clark County Social Services, the court is providing a daily list of cases in which the tenant will submit an affidavit to the court so that they can contact the tenant through Help of Southern Nevada to assist the tenant Help a rental subsidy Recent data showed that the vast majority of tenants who filed an affidavit with the court had not previously filed a rental subsidy application. “
“The decision to open the Las Vegas clerk’s office on Friday was a separate decision and apart from the legal issues related to Friday, which is considered court day. A review of the data relating to the needs of the community found that the bailiff’s office served approximately 1,300 customers on Fridays. Whether by choice, hours of work, or otherwise, the Las Vegas Court did not want that part of the community to have access to justice for their needs. Therefore, it was decided to open the bailiff’s office on Fridays once the court has returned to 40-hour weeks. “
