NRS
31.020 Affidavit for attachment: Contents.
1. All applications to the court for an
order directing the clerk to issue a writ of attachment without notice to the
defendant shall be accompanied by the affidavit of the plaintiff or any other
person having personal knowledge of the facts constituting one or more of the
grounds for attachment, which affidavit or affidavits shall:
(a) Set forth clearly the nature of the
plaintiff’s claim for relief and that the same is valid.
(b) Set forth the amount which the affiant
believes the plaintiff is entitled to recover from the defendant, and if there
is more than one plaintiff or more than one defendant, the amount the affiant
believes each plaintiff is entitled to recover or the amount that the plaintiff
is entitled to recover from each defendant.
(c) Describe in reasonable and clear detail all
the facts which show the existence of any one of the grounds for an attachment
without notice to the defendant.
(d) Describe in reasonable detail the money or
property sought to be attached and the location thereof if known.
(e) If the property sought to be attached is
other than money, set forth to the best knowledge and information of the
affiant, the value of such property less any prior liens or encumbrances.
(f) Name all third persons upon whom a writ of garnishment
in aid of the writ of attachment will be served.
(g) In an action upon a foreign judgment attach a
copy of the judgment to the affidavit for attachment as an exhibit.
(h) State whether, to the best information and
belief of the affiant, the money or property sought to be attached is exempt
from execution.
2. All applications to the court for an
order directing the clerk to issue a writ of attachment with notice to the
defendant shall be accompanied by an affidavit setting forth the item required
by subsection 1, except that such affidavit may show the existence of any one
of the grounds for attachment with notice.
[1911 CPA § 206; RL § 5148; NCL § 8704]—(NRS A 1973,
1172)
Notes of Decisions
Johnson v. D3 Investments, LLC (D. Nev. 2024).
· cites it 18× “NRS § 31.020. The affidavit must clearly 15 indicate the nature of plaintiff’s claim for relief and that the same is valid; the amount which the 16 affiant believes the plaintiff is entitled to recover from the defendant; and the facts which show the 17 existence of any one of…”
PRB Supply LLC v. Pale Horse GRS L.L.P. (D. Nev. 2022).
· cites it 2× “”6 5 Regardless of the type of action involved, the movant must include with its application or 6 motion for attachment an affidavit that meets the requirements of NRS 31.020. This includes 7 setting forth “clearly the nature of the plaintiff’s claim for relief” and “the amount…”
Christian v. United States (D. Nev. 2024).
“Christian cites neither ground for seeking a writ of attachment, fails to include a proper application for the writ, and further fails to submit an affidavit meeting the 3] requirements of NRS 31.020 in support of his motion. Thus, his emergency motion for ex parte 4|| writ of…”
— Nev. Rev. Stat. § 31.020(1)(a) — 1 case
Johnson v. D3 Investments, LLC (D. Nev. 2024).
“NRS § 31.020. The affidavit must clearly 15 indicate the nature of plaintiff’s claim for relief and that the same is valid; the amount which the 16 affiant believes the plaintiff is entitled to recover from the defendant; and the facts which show the 17 existence of any one of…”
— Nev. Rev. Stat. § 31.020(1)(b) — 1 case
Johnson v. D3 Investments, LLC (D. Nev. 2024).
“NRS § 31.020. The affidavit must clearly 15 indicate the nature of plaintiff’s claim for relief and that the same is valid; the amount which the 16 affiant believes the plaintiff is entitled to recover from the defendant; and the facts which show the 17 existence of any one of…”
— Nev. Rev. Stat. § 31.020(1)(c) — 1 case
Johnson v. D3 Investments, LLC (D. Nev. 2024).
“NRS § 31.020. The affidavit must clearly 15 indicate the nature of plaintiff’s claim for relief and that the same is valid; the amount which the 16 affiant believes the plaintiff is entitled to recover from the defendant; and the facts which show the 17 existence of any one of…”
— Nev. Rev. Stat. § 31.020(1)(d) — 1 case
Johnson v. D3 Investments, LLC (D. Nev. 2024).
“NRS § 31.020. The affidavit must clearly 15 indicate the nature of plaintiff’s claim for relief and that the same is valid; the amount which the 16 affiant believes the plaintiff is entitled to recover from the defendant; and the facts which show the 17 existence of any one of…”
— Nev. Rev. Stat. § 31.020(1)(e) — 1 case
Johnson v. D3 Investments, LLC (D. Nev. 2024).
“NRS § 31.020. The affidavit must clearly 15 indicate the nature of plaintiff’s claim for relief and that the same is valid; the amount which the 16 affiant believes the plaintiff is entitled to recover from the defendant; and the facts which show the 17 existence of any one of…”
— Nev. Rev. Stat. § 31.020(h) — 1 case
Johnson v. D3 Investments, LLC (D. Nev. 2024).
“NRS § 31.020. The affidavit must clearly 15 indicate the nature of plaintiff’s claim for relief and that the same is valid; the amount which the 16 affiant believes the plaintiff is entitled to recover from the defendant; and the facts which show the 17 existence of any one of…”
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