Nev. Rev. Stat. § 15.010

Verification of pleadings

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NRS 15.010 Verification of pleadings.

1. In all cases of the verification of a pleading, the affidavit of the party shall state that the same is true of the party’s own knowledge, except as to the matters which are therein stated on the party’s information and belief, and as to those matters that the party believes it to be true. And where a pleading is verified, it shall be by the affidavit of the party, unless the party is absent from the county where the attorneys reside, or from some cause unable to verify it, or the facts are within the knowledge of the party’s attorney or other person verifying the same.

2. When the pleading is verified by the attorney, or any other person except the party, the attorney or other person shall set forth in the affidavit the reasons why it is not made by the party.

3. When a corporation is a party, the verification may be made by any officer thereof; or when the State, or any officer thereof in its behalf, is a party, the verification may be made by any person acquainted with the facts; except that in actions prosecuted by the Attorney General, in behalf of the State, the pleadings need not, in any case, be verified.

4. In all cases where, by the foregoing provisions, the verification may be made by the attorney, such verification may be by the attorney made on information and belief if the facts are not within the attorney’s knowledge.

5. The affidavit may be in substantially the following form and need not be subscribed before a notary public:

Under penalties of perjury, the undersigned declares that he or she is the ................................ (plaintiff, defendant) named in the foregoing ................................ (complaint, answer) and knows the contents thereof; that the pleading is true of his or her own knowledge, except as to those matters stated on information and belief, and that as to such matters he or she believes it to be true.

.......................................................................

[1911 CPA § 122; A 1939, 20; 1931 NCL § 8620]—(NRS A 1969, 180)

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1976–2022 · leading case: Thompson v. First Judicial District Court

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Thompson v. First Judicial District Court (1984) nev · cites it 4× “In this case the verification of petitioner’s attorney complies with the requirements of Abell and NRS 15.010. Any dicta to the contrary in Plankinton v.”

Dunphy v. Sheehan (1976) nev · cites it 4× “[1] We are not aware of any decision holding otherwise. The law before us, however, carries criminal penalties for its violation, NRS 281.”

Coast to Coast Demolition & Crushing, Inc. v. Real Equity Pursuit, LLC (2010) nev · cites it 5× “100, the confession must comply with the form of verification specified in NRS 15.010. 3 We disagree. NRS 15.010 governs verification of the truth of averments made in “pleadings,” which are the civil filings — complaint, answer, counterclaim — by which an “action” is commenced…”

Whitehead v. Nevada Com'n on Judicial Discipline (1995) nev · cites it 2× “This is Campbell's pleading, however, and the verification statute, NRS 15.010, contemplates that where a pleading is verified "it shall be by the affidavit of the party.”

Lane v. Second Judicial District Court, Washoe County (1988) nev “330 (writ is issued only upon affidavit, on the application of the person beneficially interested); NRS 15.010(1) (verification by petitioner’s attorney appropriate under certain circumstances).”

Myers v. Haskins (2022) nevapp “0 of the UMDA, Which requires establishing adequate- cause via affidavits alone); see also NRS 15.010 (permitting verification of pleadings via affidavit); NRS 53.”

Thompson v. FIRST JUD. DIST. CT., STOREY CTY. (1984) nev · cites it 4× “In this case the verification of petitioner's attorney complies with the requirements of Abell and NRS 15.010. [2] Any dicta to the contrary in Plankinton v.”

MYERS v. HASKINS (CHILD CUSTODY) (2022) nev · cites it 3× “4 (alluding only-to facts established in affidavits and citing section 410 of the UMDA, which requires establishing adequate cause via affidavits alone); see also NRS 15.010 (permitting verification of pleadings via affidavit): NRS 53.”

Lane v. SECOND JUD. DIST., WASHOE COUNTY (1988) nev “330 (writ is issued only upon affidavit, on the application of the person beneficially interested); NRS 15.010(1) (verification by petitioner's attorney appropriate under certain circumstances).”

— Nev. Rev. Stat. § 15.010(1) — 4 cases

Thompson v. First Judicial District Court (1984) nev “In this case the verification of petitioner’s attorney complies with the requirements of Abell and NRS 15.010. Any dicta to the contrary in Plankinton v.”

Thompson v. FIRST JUD. DIST. CT., STOREY CTY. (1984) nev “In this case the verification of petitioner's attorney complies with the requirements of Abell and NRS 15.010. [2] Any dicta to the contrary in Plankinton v.”

— Nev. Rev. Stat. § 15.010(2) — 2 cases

— Nev. Rev. Stat. § 15.010(5) — 2 cases

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