Nevada Revised Statutes

Nev. Rev. Stat. § 34.220 (2026)

If answer raises essential question of fact, court may order jury trial

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NRS 34.220  If answer raises essential question of fact, court may order jury trial.  If an answer is made, which raises a question as to matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation of which the application for a writ is based, the court may, in its discretion, order the question to be tried before a jury, and postpone the argument until such trial can be had and the verdict certified to the court. The question to be tried shall be distinctly stated in the order for trial, and the county shall be designated in which the same shall be had. The order may also direct the jury to assess any damages which the applicant may have sustained, in case they find for the applicant.

      [1911 CPA § 758; RL § 5700; NCL § 9247]

     

Notes of Decisions
Cited in 1 case, 1990–1990 · leading case: Goldman v. Bryan, 787 P.2d 372 (Nev. 1990).
Goldman v. Bryan, 787 P.2d 372 (Nev. 1990). “Appellant argues that because that factual issue was essential to the proper disposition of the petition, the district court committed “clear error” by not requiring the Governor to submit “otherwise admissible evidence and .”
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