Nevada Revised Statutes

Nev. Rev. Stat. § 40.310 (2026)

Issue of fact to be tried by jury if proper demand made

✓ current as of July 2026

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NRS 40.310 Issue of fact to be tried by jury if proper demand made. Whenever an issue of fact is presented by the pleadings, it shall be tried by a jury, if proper demand is made pursuant to the Nevada Rules of Civil Procedure or the Justice Court Rules of Civil Procedure.

[1911 CPA § 652; RL § 5594; NCL § 9141]—(NRS A 1975, 1203)

Notes of Decisions

Cited in 2 cases, 2013–2015 · leading case: Chapman v. Deutsche Bank Nat'l Trust Co., 302 P.3d 1103 (Nev. 2013).

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Chapman v. Deutsche Bank Nat'l Trust Co., 302 P.3d 1103 (Nev. 2013). “The plaintiff must serve the complaint with summons on the occupants, id., and provide the court with proof of service of the notice to quit as required by NRS 40.”

Branch Banking & Trust Co. v. Smoke Ranch Dev., LLC, 92 F. Supp. 3d 998 (D. Nev. 2015). “By the statute’s plain language, the court holds a hearing and renders a deficiency judgment.”

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