E-7 - Ex Parte Motion for Order Shortening Time

EX PARTE MOTION
FOR
ORDER SHORTENING TIME
E-7
The District Court Filing Office
is located on the first floor at
75 Court Street
Reno, NV 89501
ATTENTION
THIS PACKET IS NOT A SUBSTITUTE FOR THE
ADVICE OF AN ATTORNEY
IMPORTANT
If either party is in the military, special rules may apply and it is recommended you
seek the advice of an attorney.
Counsel Is Always Recommended For Legal Matters
The law allows any person to represent himself or herself in a legal action. However,
filing papers with the court and representing yourself in the courtroom can involve
complicated legal issues. This packet does not address all the legal issues involved in
bringing your matter before the court. This packet is created to help you access the legal
system without the assistance of an attorney.
When representing yourself, you are responsible for understanding the law that governs
your case and for filing the proper legal documents. The laws and rules are set out in the
Nevada Revised Statutes, The Rules of Civil Procedure, and the local rules governing the
jurisdiction in which you are filing your documents.
When you sign these documents and present them for filing with the court, it is assumed
by the court that you have carefully read the documents, that you understand all the terms
in the documents, that you agree with all the provisions in the documents, and that you
are aware of all the consequences those provisions may produce.
Before filling in any portion of the following documents, read all the materials
included in this packet including the definitions of terms.
THIS INFORMATION IS PROVIDED AS A COURTESY ONLY. THE COURT,
SELF-HELP CENTER, NON-PROFIT ORGANIZATION, OR LAW LIBRARY
THAT MAY PROVIDE THIS INFORMATION SHALL NOT BE LIABLE FOR
ERRORS CONTAINED HEREIN OR FOR DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE FURNISHING
OF THIS MATERIAL.
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IMPORTANT GENERAL INFORMATION ABOUT THIS PACKET
THIS PACKET IS USED IN CONJUNCTION WITH A REGULAR
MOTION OR REQUEST PACKET OR FORM
If you have questions as to whether this packet is appropriate in your
circumstances, please speak with a private attorney or the Self-Help Center for
guidance.
This packet is usually used ONLY when requesting that the court shorten the time
for the other party to file a response or opposition to a Motion or Request that you
are filing with this Ex Parte Motion.
Under the Nevada Rules of Civil Procedure and the Washoe County District Court
Rules, the other party has 13 days from the postmark date or 10 days if personally
served, to file a response or opposition to a Motion or Request.
If it is important that the time for the response or opposition be shorter than the 13
or 10 day period, you may ask the court to issue an order directing the other party
to file any response or opposition he or she may have to your Motion or Request in a
shorter period of time than the 13 or 10 days. Usually, the time is shortened by no
more than 5 days.
The forms do not have to be typed, but if you are filling the spaces in by hand, be sure to
use a pen with blank ink and print neatly.
The penalty for making a false statement in a declaration that is made under
penalty of perjury is a minimum of 1 year and a maximum of 4 years in prison,
with the possibility of an additional fine of $5000 or more if authorized or
required by statue. See N.R.S. §199.145
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E-7 INSTRUCTIONS
STEP 1
Filling In the Ex Parte Motion for Order Shortening Time
Starting in the upper left hand corner, fill in your name, address and telephone number.
The heading on this Ex Parte Motion will be the same as on the other documents filed in
your case. Fill in the names of the Plaintiff/Petitioner and Defendant/Respondent as they
appear on the other documents in this case.
The Case No. and Dept. No. are the same as appear on your other documents in this case.
Enter those on the lines indicated. You must fill in the proper case number and
department number.
Carefully follow the instructions that are printed below the blank lines when filling in the
information.
Above the line “State what the Motion or Request is for” DO NOT FILL IN THE
NAME OF THIS EX PARTE MOTION. The name that goes on that line is the name of
the other Motion or Request you are filing with this document.
STEP 2
Copying and Filing the Ex Parte Motion With Your Motion or Request
Make two copies of the Ex Parte Motion and any attachments and/or exhibits to the Ex
Parte Motion. Be sure to make copies of all attachments and/or exhibits you are
including with this Ex Parte Motion so that each copy is a complete copy of the original
that is being filed.
Take the original and the copies of the Ex Parte Motion and all attachments and/or
exhibits and the original and copies of the underlying Motion or Request you are
filing to the Family Court Filing Office located on the first floor of the Courthouse at 75
Court Street, Reno, NV and file the documents.
There may be a filing fee associated with filing this motion. To confirm the fee amount,
you may call the filing office at (775) 328-3110.
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E-7 INSTRUCTIONS
FILING FEE WAIVERS
If you cannot afford the filing fee, you may apply to have your filing fee waived. To
apply, you must fill out and file the application found in the F6 or F6JP fee waiver
packet.
The F6 and F6JP fee waiver packets may be obtained in the following locations:
•
•
•
Family Court Self Help Center, 1 South Sierra Street, Reno, NV
Filing Clerk’s Office, 75 Court Street, Reno, NV
www.washoecourts.com
The file clerk will keep the original documents and the Order Shortening Time and return
the file stamped copies to you.
You are now ready to serve the other party with a copy of the Motion or Request and a
copy of the Ex Parte Motion for Order Shortening Time. You do not have to wait for the
Order Shortening Time to issue from the Court to serve the Motion or Request and the
Ex Parte Motion.
STEP 3
Serving the Motion or Request and the Ex Parte Motion
and Filling Out the Proof of Service
You may serve the other party a copy of the Motion and the Ex Parte Motion either by
mail or personal service.
IF THE COURT DECIDES NOT TO ISSUE AN ORDER SHORTENING TIME
FOR THE RESPONSE TO BE FILED
If the court makes the decision not to issue the Ex Parte Order that shortens the time for
the other party to respond to your Motion or Request, either a written order will be
prepared and mailed to you stating the reason the order did not issue, or one of the court
clerks will call you and tell you the Order did not issue.
If an Order Shortening Time is denied, the other party has the statutory amount of time to
file his or her response: thirteen days from the postmarked date if served by mail and ten
days if personally served.
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E-7 INSTRUCTIONS
If you do not hear from the court within a two-day period after filing your Ex Parte
Motion, you should follow up with a telephone call to the department in which your case
is filed to check on the status of your Motion.
IF THE COURT GRANTS THE ORDER SHORTENING TIME
If the Court grants the Order, you usually will be notified by telephone by a clerk that the
Order is ready and can be picked up at the front counter on the third floor. The Order
must be immediately picked up so service can be made on the other party in a timely
manner.
Serving the Other Party
The opposing party, or his or her counsel, must be immediately served with a copy of
the Order. Failure to immediately serve a copy of the Order may invalidate the Order.
This procedure presumes that a copy of the Ex Parte Motion has already been
served on the other party or the other party’s counsel, with a copy of the underlying
Motion or Request. If a copy of the underlying Motion or Request has not already
been served on the other party or the other party’s attorney, those documents, along
with the Order, must now be served.
Service of the copy of the Order may be made by personal service or by certified mail,
return receipt requested.
STEP 4
Filling In and Filing the Proof of Service
The Proof of Service is to be filled in and signed by the person who either personally
served the Order or personally mailed the order.
Print your name and address and telephone number in the upper left hand corner.
Fill in the heading as it appears on your other documents.
Carefully read the instructions under each space and fill in the information required.
The person making the service must sign the Proof of Service.
After the Proof of Service is filled in and signed, one copy of it must be made and the
original and the copy must be filed with the filing clerk. The filing clerk will keep the
original and return the file stamped copy to you.
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E-7 INSTRUCTIONS
IMPORTANT
BEFORE
YOU START
READ ALL INSTRUCTIONS
CAREFULLY
Do NOT use Wite-Out
®
or other correction fluid/tape on the documents.
The Filing Office will not accept documents with
Wite-Out® or other correction fluid/tape on them.
Use Black Ink
PRINT all information neatly
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Code:
Name:__________________________
Address:________________________
_______________________________
Telephone:______________________
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IN THE FAMILY DIVISION
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IN THE SECOND JUDICIAL DISTRICT COURT
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OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE
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__________________________________
Plaintiff/Petitioner,
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vs.
Case No. __________________
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__________________________________
Defendant/Respondent.
______________________________________/
Dept. No. _______
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EX PARTE MOTION FOR ORDER SHORTENING TIME TO RESPOND
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TO MOTION OR REQUEST
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I, _____________________________, acting in Proper Person, hereby move this Court, to
(Your name)
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issue an Order without notice to __________________________________ shortening time to
(The other party’s name)
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respond to the Motion or Request _________________________________________________
(State what the Motion or Request is for)
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from _________________________________ to _________________________________.
(Date the Response would be due)
(Date you want Response filed)
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E-7
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This Order should be granted under the provisions of Washoe District Court Rule 43
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because circumstances exist that warrant the issuance of such an order without notice to the other
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party. Those circumstances are:
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________________________________________________________________________________
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________________________________________________________________________________
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________________________________________________________________________________
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________________________________________________________________________________
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________________________________________________________________________________
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________________________________________________________________________________
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________________________________________________________________________________
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________________________________________________________________________________
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________________________________________________________________________________
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________________________________________________________________________________
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________________________________________________________________________________
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________________________________________________________________________________
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________________________________________________________________________________
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________________________________________________________________________________
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________________________________________________________________________________
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(If you need more space than is provided, you may attach additional sheets of paper. Be sure that
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you write only on one side of the paper and clearly identify it as a continuation of this explanation.)
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This document does not contain the Social Security number of any person.
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I declare, under penalty of perjury under the law of the State of Nevada, that the foregoing is
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true and correct.
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Date:______________________________
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_____________________________________
Signature
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E-7
IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
***
_________________________________________
_________________________________________
vs.
_________________________________________
_________________________________________
_________________________________________
NOTICE:
)
)
)
)
)
)
)
)
)
)
FAMILY DIVISION
MOTION/OPPOSITION NOTICE
(REQUIRED)
CASE NO.
DEPT. NO.
THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed to modify or adjust a final
order that was issued pursuant to chapter 125, 125B or 125C of NRS and to any
answer or response to such a motion or other paper.
A. Mark the CORRECT ANSWER with an X.
YES
NO
1. Has a final decree or custody order been entered in this
case? If yes, then continue to Question 2. If no, you do not
need to answer any other questions.
2. Is this a motion or an opposition to a motion filed to
change a final order? If yes, then continue to Question 3. If
no, you do not need to answer any other questions.
3. Is this a motion or an opposition to a motion filed only to
change the amount of child support?
4. Is this a motion or an opposition to a motion for
reconsideration or a new trial and the motion was filed
within 10 days of the Judge’s Order?
Date
IF the answer to Question 4 is YES, write in the filing date
found on the front page of the Judge’s Order.
B. If you answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt
from the filing fee. However, if the Court later determines you should have paid the filing
fee, your motion will not be decided until the fee is paid.
I affirm that the answers provided on this Notice are true.
Date:
,
Signature:
Print Name:
Print Address:
Telephone Number:
Rev. 10/24/2002
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Code: 3860
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Name:______________________________
Address:____________________________
____________________________
Telephone:__________________________
Appearing in Proper Person
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IN THE FAMILY DIVISION
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OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
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IN AND FOR THE COUNTY OF WASHOE
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________________________________________
Plaintiff/Petitioner,
vs.
Case No. ________________________
Dept. No. ________________________
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________________________________________
Defendant/Respondent.
____________________________________________/
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REQUEST FOR SUBMISSION OF EX PARTE MOTION
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I, ____________________________________________, request that the Ex Parte Motion
(print your name here)
____________________________________________ filed on ___________________________,
(Print the name of the Ex Parte Motion)
(Date the Ex Parte Motion was filed)
be submitted to the Court for it’s consideration and Order.
This document does not contain the Social Security number of any person.
DATED this _______ day of __________________________, 20______.
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Signature:____________________________________
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Print Your Name:____________________________________
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EX PARTE MTN REQ. FOR SUBMISSION
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Code: _______________
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IN THE FAMILY DIVISION
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OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
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IN AND FOR THE COUNTY OF Washoe County
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________________________________________
Plaintiff/Petitioner,
vs.
Case No.
Dept. No.
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________________________________________
Defendant/Respondent.
_____________________________________________/
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ORDER REGARDING SHORTENING TIME TO RESPOND
TO MOTION OR REQUEST
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___________________________’s Ex Parte Motion for Order Shortening Time to Respond
(Plaintiff or Defendant)
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to the ___________________________________________________________________________
(Title of motion or request)
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having been reviewed and considered by this Court; and,
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Good cause appearing,
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IT IS HEREBY ORDERED that the Ex Parte Motion for Order Shortening Time is:
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_______ GRANTED and ______________________ is hereby given until __________________
(Plaintiff or Defendant)
(Date)
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at _________ ___.m. to file with the Court a response or opposition to ______________________’s
(Time)
(Plaintiff or Defendant)
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Motion or Request, at which time ____________________________ will then be permitted to file a
(Plaintiff or Defendant)
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E7 ORDER
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Request for Submission on the underlying Motion or Request.
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_______ DENIED and _________________________ is granted the full statutory time in which to
(Plaintiff or Defendant)
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file a Response or Opposition to ____________________________’s pending Motion or Request.
(Plaintiff or Defendant)
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DATED this _______ day of ________________________, 20______.
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____________________________________________
DISTRICT JUDGE
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E7 ORDER
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Code:
3720
Name:
__________________________
Address: __________________________
____________________________________
Telephone: __________________________
__________________________
Email:
Self-Represented Litigant
IN THE FAMILY DIVISION
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OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
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IN AND FOR THE COUNTY OF WASHOE
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_______________________________________,
Plaintiff / Petitioner / Joint Petitioner,
Case No. ___________________
Dept. No. _______
vs.
_______________________________________,
Defendant / Respondent / Joint Petitioner.
/
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PROOF OF SERVICE
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Pursuant to Nevada Rule of Civil Procedure 5(b), I served a true and correct copy of the
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filed on
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(Name of document(s) served)
_________________________in the manner(s) and at the location(s) described below. A copy
(Date of filing)
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of this Proof of Service has been mailed or personally delivered to all parties or their lawyer.
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Service Description
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Fill in the information requested on the next page for each person who has been served.
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If a person was served by United States Postal Service certified mail, you must attach the
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return receipt to this document.
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PROOF OF SERVICE
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A copy of the above named document(s) was served upon the following people:
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1. Name:______________________________________ Date:______________________
(Name of the person who was served)
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By:
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Personal service –OR–
(Date of service: month / day / year)
Service by U.S. Mail, postage prepaid –OR–
Certified mail, return receipt attached –OR–
Other:____________________
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Address: ______________________________________________________________
(Mailing address or physical address where service took place)
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______________________________________________________________
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2. Name:______________________________________ Date:______________________
(Name of the person who was served)
By:
Personal service –OR–
(Date of service: month / day / year)
Service by U.S. Mail, postage prepaid –OR–
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Certified mail, return receipt attached –OR–
Other:____________________
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Address: ______________________________________________________________
(Mailing address or physical address where service took place)
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______________________________________________________________
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If more room is needed, attach additional sheets.
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This document does not contain the Social Security Number of any person.
I declare under penalty of perjury, under the law of the State of Nevada, that the foregoing
statements are true and correct.
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Signature:
_____________________________
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Date: ____________________
Print Your Name: _____________________________
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PROOF OF SERVICE