Filing A Summary Eviction
Learn the six basic steps to filing a "summary" eviction case, along with tips for correctly serving the tenant and providing the required documents to the court.
Responding To An Eviction Notice
Discover the five basic steps to take to contest an eviction notice from your landlord. Learn about the type of eviction notice you received; the time you have to take action; and the options available to you, including opposing the notice through the court.
Responding To A Court Order For Eviction
Find out how you might be able to respond to an eviction order from the court, including how to ask the court for additional time to move, how to ask the court to set aside the eviction order if you believe it was granted improperly, and how to appeal the eviction if you disagree with the court's decision.
Overview Of Small Claims
Overview
NRS 73.010 creates jurisdiction for Nevada's small claims courts. These courts are designed to help parties who do not have attorneys resolve their disputes quickly and affordably. Small claims courts handle cases where the claims are limited to amounts under $10,000. Judges can only award money judgments. That means the judge can only order the other side to pay money (up to $10,000). The judge cannot order the other side to do something (like return a car or a dog) or stop doing something (like playing loud music).
In small claims court, the involved parties, the plaintiff (the person suing) and the defendant (the person being sued) usually represent themselves. This is called appearing "pro se" or "in proper person." While a party may hire an attorney if they choose, they will not be able to collect attorney's fees if they win their case. Therefore, hiring an attorney means the hiring party is responsible for their own attorney's fees. Because parties generally represent themselves, the procedures and rules of evidence in small claims court are more relaxed than in ordinary justice court.
TIP! You can attend a small claims class for FREE! You’ll receive a class manual and some great tips to help you succeed in your case. For more information, click to visit Free Classes.
Below is a short video, Introduction to Small Claims Court. Remember that different small claims courts have different procedures, so make sure you're complying with your court's requirements. To watch the entire small claims video series, click to visit our Videos page.
The small claims video series was made possible thanks to a grant from the State Bar of Nevada's Lawyer Referral and Information Service.
To verify how a small claims case moves through the different justice courts, click on one of the flowcharts below:
Flowchart – Overview of the Small Claims Process (Henderson)
Flowchart - Overview of Small Claims Process (Las Vegas & North Las Vegas)
Q&A – Small Claims Overview
What should I consider before I file a small claims case?
Rushing down to the courthouse to file a lawsuit should not be your first step. While there are many advantages to small claims court, it is not always the best solution to every problem. Even though the rules are more relaxed and the procedures less complex than regular court, filing a small claims case will take some effort. A good deal of planning and even some legal research might be necessary.
Before you file a small claims case, you should evaluate your answers to the following questions:
Do I have a good case?
Am I willing to invest the time and energy?
Do I want money, or do I want something other than money?
Is my claim for less than $10,000?
Have I attempted to settle or mediate my claim?
Has my time to file my claim expired?
Can I locate the "defendant" (the person or company I want to sue)?
Can I prove my case?
If I win, will I be able to collect any money from the losing party?
For some additional considerations, click to visit Representing Yourself In Court.
TIP! If you are considering filing a small claims case, you may be interested in taking advantage of a FREE time-saving alternative called the Neighborhood Justice Center (NJC). The NJC's personalized, no-cost mediation service may help you resolve the dispute more quickly than through the court. Click to visit Mediating a Small Claims Dispute for more information
Where can I get more information and instruction about small claims cases?
To learn about small claims court, click to browse the Small Claims section of this website. You will find information about:
Suing Someone in Small Claims
Being Sued in Small Claims
Mediating a Small Claims Dispute
Going to Small Claims Court
Appealing a Small Claims Judgment
Collecting a Small Claims Judgment or Contesting Collection
You can also sign up for a FREE small claims class. Click to visit Free Classes for class times, locations, and sign-up information.
You might also be able to obtain information directly from the justice court in which you are filing your case. For links and contact information for the justice courts, click to visit Justice Courts.
FYI! The Las Vegas Justice Court small claims procedures and forms are different than the other justice courts in Clark County. If you have a small claims case in Las Vegas, be sure to familiarize yourself with those procedures and use only those forms. This website tries to highlight any difference, but you can also click to visit the Las Vegas Justice Court Small Claims page.
Where can I find forms for my small claims case?
In order to help parties in small claims cases better represent themselves, the courts have created forms for most of the documents you will need in your case. These forms are available for free at the Self-Help Center, or they can be downloaded from this website. Click to visit Small Claims Forms to see the available forms.
If you have a small claims case in the Las Vegas Justice Court, that court has developed its own small claims forms and procedures, which differ from the other justice courts in Clark County. Make sure you are using the forms under Las Vegas Small Claims Forms. Henderson also has some of its own forms, so make sure that if you have a case in Henderson Justice Court, you use the forms specific to Henderson, which can be found under Henderson, North Las Vegas, and Other Small Claims Forms.
You might also be able to obtain forms directly from the justice court in which you are filing your case. For links and contact information for the justice courts, click to visit Justice Courts.
CAUTION! There are businesses that will try to sell you court forms. Often these forms are the same forms that are available for free on the court website. They might also be outdated or unacceptable to the court. Before you pay for forms, check to see if they are already available online or at the Self-Help Center.
Filing Your Small Claims Case
Learn the six basic steps to file a small claims case, including how to identify the correct defendant, how to determine the exact amount of your claim, how to send a demand letter, how to decide where to file, and how to prepare and file your complaint with the court.
Setting Aside A Small Claims Dismissal
Learn what you can do if your small claims case has been dismissed, including how to ask the court to “set aside” (cancel or revoke) the dismissal.
Mediating A Small Claims Dispute
Learn about mediation and how you might be able to use it as a time-saving alternative to suing in small claims court. If you have already filed your small claims case, find out whether the court will require you to try mediation.
Overview
If you are considering filing a small claims case, or if you have been sued in small claims, you might be interested in taking advantage of a FREE time-saving alternative called the Neighborhood Justice Center (NJC). The NJC's personalized, no-cost mediation service may help you resolve the dispute more quickly than through the court.
If you have already filed a small claims case (or if a case has been filed against you), you may be required to participate in mediation as part of the case, depending on where it was filed:
- In the Henderson Justice Court, you will be required to mediate your case with the NJC on the same date set for your small claims hearing. If you are unable to settle the case, the hearing will go forward.
- In the Las Vegas Justice Court and North Las Vegas Justice Court, mediation is not mandatory, but mediation is still available to the parties any time before a judgment is entered.
In any of the other justice courts in Clark County, the NJC’s free mediation services are available to you.
For more information about mediation through the NJC, click to visit Free Mediation. To see a flowchart that shows how mediation fits into the small claims process, click one of the file names below:
Flowchart – Overview of the Small Claims Process
Flowchart - Overview of the Las Vegas Small Claims Process
Below is a short video: Mediation. Remember that different small claims courts have different procedures, so make sure you're complying with your court's requirements. To watch the entire small claims video series, click to visit our Videos page.
The small claims video series was made possible thanks to a grant from the State Bar of Nevada's Lawyer Referral and Information Service.
Q&A – Small Claims Mediation
What is mediation?
Mediation is a process in which opposing parties meet with a neutral third party (called a “mediator”) to try and reach a mutually agreeable solution.
Mediation starts with all the parties meeting in one room. Each party has a chance to share their view of the dispute without interruption. Each party then has a private session with the mediator to talk about possible ways to solve the dispute. The mediator will then bring all the parties back together to talk about solutions that might work for everyone.
Mediators are not judges. They will not decide which party is right or wrong. They will also not decide whether one party is telling the truth or advise the parties on how to proceed. The mediator is only there to facilitate a respectful environment to help the parties look at their goals and options so they can find a solution that leaves everyone satisfied.
FYI! One advantage of mediation is that you can reach agreements that include things that cannot be ordered in small claims court. Small claims judges can only award money. But a mediation agreement can include other types of relief tailored to the needs of the parties. For example, the parties could agree in mediation to return a car, stop playing loud music, or repair a dented fender.
How do I sign up for mediation?
If your small claims case is in Henderson, you will be required to attempt mediation through the NJC as part of the small claims case. A mandatory mediation will be held the same date as your small claims hearing. You just need to show up at the date, time, and place stated on the Small Claims Complaint. If the parties cannot resolve the case, the small claims hearing will go forward. All this takes place at the Henderson courthouse.
For all other jurisdictions including Las Vegas and North Las Vegas, you can contact the NJC at (702) 455-3898. Mediation with the NJC is free. The NJC will contact your opposing party to see if they are interested in trying to mediate your dispute. Unfortunately, unless mediation has been mandated by the court, you can only go to mediation if your opposing party agrees to it. For more information, click to visit Free Mediation.
What happens if I do not attend a mandatory mediation?
If you are the plaintiff and do not attend mandatory mediation, your case will be dismissed. If you are the defendant and do not attend a mandatory mediation, the plaintiff can obtain a default judgment against you without any court hearing. Click to visit Obtaining a Small Claims Default Judgment and Setting Aside a Small Claims Default Judgment.
Do I have to make an agreement during mediation?
Even if attendance at mediation is mandatory as part of your small claims case, it is not mandatory that you make an agreement during mediation. Mediation is a process that allows both parties to explore the possibility of resolving the case if they can reach a compromise that they both can live with. No one is forced to settle.
What happens if I do reach an agreement with the opposing party?
If you do reach an agreement with the opposing party, the mediator will write up the agreement for you on one of the NJC’s forms. Both parties will sign the written agreement. That agreement then becomes a written contract and can be enforced by both parties.
If one party breaches the agreement, the other party can obtain a judgment without having to go to a hearing by notifying the court of the default. Defendants should be aware that if they sign an agreement in mediation and then breach the agreement, they will not have an opportunity to contest either the breach or the underlying issue in court.
To get a judgment in the Las Vegas Justice Court, if a party breaches the agreement you may need to file a Motion to Enter Mediated Agreement as Judgment. The other side can file an opposition to your motion if they disagree. You can download the motion and opposition for the Las Vegas Justice Court by clicking to visit theLas Vegas Justice Court Small Claims Forms page. The forms are also available, free of charge, at the Self-Help Center, or you can link to them by clicking underneath the form’s title below:
MOTION TO ENTER MEDIATED AGREEMENT AS JUDGMENT (LAS VEGAS ONLY)
PDF FILLABLE | PDF NONFILLABLE
OPPOSITION TO MOTION TO ENTER MEDIATED AGREEMENT AS JUDGMENT (LAS VEGAS ONLY)
PDF NONFILLABLE
TIP! Be cautious of signing a mediation agreement that imposes a monetary penalty for breaching the agreement. (Such an agreement could say, for example, that you have to pay an extra $1,000 if you don’t perform what’s required under the agreement.) Be sure you completely understand the agreement before you sign!
What happens if I do not reach an agreement during mediation?
If you do not reach an agreement during voluntary mediation with the NJC, you can then proceed with a lawsuit and sue the other side in small claims court.
If you fail to reach an agreement after a mandatory mediation, the court will schedule a hearing for your case. Small claims hearings in Henderson will take place immediately after the mediation.
Protection From Stalking, Aggravated Stalking, Or Harassment
Overview
There are eight basic steps you must take to apply for a protection order against stalking, aggravated stalking, and harassment:
Step 1: Verify that this is the appropriate application for you
Step 2: Decide where to file your application
Step 3: Prepare your application
Step 4: Prepare your confidential information sheet
Step 5: Prepare your exhibits (if necessary)
Step 6: Prepare a Civil Cover Sheet (if necessary)
Step 7: File your documents with the court
Step 8: Attend a hearing if scheduled and wait for the court's decision
Each of these steps is discussed below. For general information about protection orders, click to read Overview of Protection Orders.
Step 1:
Verify That This Is The Appropriate Application For You
Which application you should file depends on the facts of your particular situation and why you need the protection. You (now called the “applicant”) can use the application on this page only if the conduct of the “adverse party” (the person you are seeking protection from) actually constitutes the crime of "harassment," "stalking," or "aggravated stalking.”
“Harassment” occurs when:
- The adverse party threatens to harm another person in the future, damages another person’s property, confines or restrains another person, or does any act intended to substantially harm another person’s physical or mental health or safety; AND
- The adverse party’s words or conduct causes the applicant to reasonably fear that the threats will be carried out. (NRS 200.571.)
“Stalking” occurs when:
- The adverse party engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed or fearful for the immediate safety of a family or household member, AND
- The applicant actually feels terrorized, frightened, or intimidated or fearful for the immediate safety of a family or household member. (NRS 200.575(1).)
“Aggravated stalking” occurs when:
- The adverse party engages in "stalking" as defined above, AND
- The adverse party threatens a person with the intent to cause him to be placed in reasonable fear of death or substantial bodily harm. (NRS 200.575(2).)
If you are confident the adverse party has committed one of the crimes described above, click to jump to Step 2.
If these crimes do not seem to apply to your situation, click for information about these other possible protection orders:
Protection from Workplace Harassment
Protection from Harm to Children
Protection from Sexual Assault
TIP! If you and the person you need protection from are in a “domestic” relationship (which could include someone you’re related to, someone you're dating, or someone you have dated), you might need a protection order against domestic violence from the family court. The justice courts cannot issue that type of order. For more information, click to visit the Family Law Self-Help Center website.
Step 2:
Decide Where To File Your Application
You must file your application in the justice court for the township where the stalking, aggravated stalking, or harassment took place. Stalking or harassment is committed "where the conduct occurred" or "where the person who was affected by the conduct was located at the time that the conduct occurred." (NRS 200.581.)
You might be able to choose from between two courts when deciding where to file. For example, if the adverse party is stalking you in Las Vegas, you could file your application in the Las Vegas Justice Court. But if the adverse party is also making threatening phone calls to you, and you received those phone calls in North Las Vegas, you could file in the North Las Vegas Justice Court.
To find out which justice court has jurisdiction over a specific location, click to go to Find My Court or go to our home page and use the Find a Court Location function. For court location and contact information, click to visit Justice Courts.
Step 3:
Prepare Your Application
AUTOMATED FORMS INTERVIEW AVAILABLE! There is an automated interview that will complete the forms for you after you answer a series of questions. If you are filing for protection in Las Vegas, you'll be able to file the forms directly at the end. To use the interview, click here. If you file directly because you are seeking protection in Las Vegas, then you can skip forward to Step 8 after the interview is completed and the forms are filed. For all other cities, you'll have to print your forms, sign them, and file them yourself, then skip forward to Step 7.
A form Application for Protection Against Stalking, Aggravated Stalking or Harassment is available, free of charge, at the Self-Help Center. You can also download the application by clicking one of the formats underneath the forms title below:
APPLICATION FOR PROTECTION
Pdf Fillable
As you fill out your application, keep the following tips in mind:
Your application should be typed or neatly handwritten.
Do not write in the margins or on the back of the forms.
Make sure every blank is filled, even if you write “None,” “N/A,” or “UNK” (for “unknown”).
Be as specific as possible and include all relevant dates, locations, and witnesses.
List yourself as the “applicant.” You can request protection for other people in your household by listing them in the application.
Whatever way you list your name and the name of the adverse party, list the names consistently throughout the application.
If you are under eighteen years old, you must have a parent or guardian apply for the protection for you.
The application and any supporting documentation you submit to the court becomes a public record that can be viewed by anyone.
You are signing the application under penalty of perjury. If you make any intentionally false or misleading statements, you may be subject to criminal penalties.
For more tips on filling out legal forms, click to read Basics of Court Forms and Filings.
Step 4:
Prepare Your Confidential Information Sheet
The next document you must complete is a confidential information sheet. The information you provide in this document is not available to the general public. You can download the form by clicking one of the formats underneath the form’s title below:
APPLICANT CONFIDENTIAL INFORMATION WORKSHEET
Pdf Fillable
Provide as much information as possible. This information allows the court to contact you about upcoming hearings or activities in your case. It also allows law enforcement to serve documents on the adverse party.
Step 5:
Prepare Your Exhibits (If Necessary)
If you DO NOT have documents (such as police reports or related protection orders) that you want to submit to the court to support your application, click to jump to Step 6.
If you DO have documents to support your application, print out and copy such things as:
- Documentation or transcripts of phone calls by the adverse party
- Notes or written threats left by the adverse party
- Pictures of property damage caused by the adverse party
- Any other written documents that help to support your application
You are not required to file a written police report before applying for a protection order. If you have filed a police report, you can attach a copy to your application. If there are other protection orders that name the adverse party, attached copies of those as well if they are available.
CAUTION! Remember that any documents you file with the court become public records that anyone can view. So be sure to black out any confidential information (social security numbers, for example) before you file them with the court.
Step 6:
Prepare A Civil Court Cover Sheet (if required)
North Las Vegas Justice Court requires a cover sheet. Henderson Justice Court and Las Vegas Justice Court do not require a Cover Sheet. A Civil Court Cover Sheet is available for free at the Self-Help Center, or you can download it on your computer by clicking one of the formats underneath the form's title below:
CIVIL COURT COVER SHEET
Pdf Fillable
Step 7:
File Your Documents With The Court
If you decided in Step 2 that you are filing in Henderson, North Las Vegas, or one of the other Clark County justice courts (other than Las Vegas), you must take the following completed documents to the justice court and give them to the court clerk:
Application for Order for Protection Against Stalking, Aggravated Stalking, or Harassment (and any continuation pages used)
Applicant Confidential Information Worksheet
Any police reports, documents, photos, notes, etc., that support your application
Civil Court Cover Sheet (if in North Las Vegas)
If you want to keep a copy of the forms and other documents you are submitting to the court, make a copy of them before you give them to the court clerk.
If you chose in Step 2 to file your Application in the Las Vegas or Henderson Justice Courts, you will need all of the documents listed above, except the Civil Court Cover Sheet. All documents to be filed with the Las Vegas Justice Court must be electronically filed. The court clerk will scan in your documents and return them to you, so you do not need to make copies. But make sure any odd-sized documents are copied onto 8 ½ x 11 standard paper. You will need an e-mail address to file. For more information about e-filing, click to visit the Las Vegas Justice Court website.
Step 8:
Attend A hearing If Scheduled And Wait For The Court’s Decision
When you file your documents, the court will assign your case to a judge who will review your information. The judge can:
- Deny your application. If the judge denies your application, the court will mail you an order explaining the reasons for the denial. If you disagree with the judge's decision, you can file a motion asking that the judge to reconsider the decision or file a new application and provide additional information or evidence.
- Grant your application. If the judge grants your application, the court will mail you a Temporary Protection Order and the sheriff will serve the TPO on the adverse party. The order is not effective until it is served.
FYI! If the sheriff can’t serve the order on the adverse party (or if the adverse party lives out of state), you must arrange to have the order served. The order can’t be served by you or any person named in the order. You can have the order served by a private process server or any person not named in the order who is at least eighteen years old. After the order is served, proof of service must be filed with the court.
- Schedule a hearing on your application. If the judge schedules a hearing on your application, the court will mail you the order scheduling the hearing and the sheriff will serve the order on the adverse party. For more information about what to expect at a hearing, click to visit Going to Court.
A Temporary Protection Order is only effective for up to forty-five days. If you want the order to be extended for up to two years, you must file a motion requesting that the court extend the order prior to its expiration. The court will schedule a hearing, and the TPO will automatically remain in force until the hearing is held. Click to visit Extending a Protection Order.
FYI! Some courts count forty-five days from the date the judge signs the order. But some courts count forty-five days from the date the order is served on the adverse party. Check with the court clerk where you filed your application to verify how long the order will be in effect.
To learn what you can do if the adverse party violates your protection order, click to read Enforcing a Protection Order.
Extending A Protection Order
Overview
Most temporary protection orders (TPOs) remain in effect for forty-five days, unless the court orders some lesser period.
FYI! Some courts count 45 days from the date the TPO is signed by the judge. Other courts count 45 days from the date the TPO is served on the “adverse party” (the party the order is issued against). Check with the court issuing the order to verify how long it will remain in effect.
A TPO against harassment in the workplace remains in effect for fifteen days from the date the order is issued by the court, unless the judge orders something different.
Before the TPO expires, the “applicant” (the person who filed for the order) can request an extended protection order. An extended protection order can remain in effect up to one year after the court signs it.
To download a flowchart that shows the TPO process, click on the filename below:
Flowchart - Overview of Protection Order Process
Q&A – Extended Protection Orders
When can I apply to extend my protection order?
If you want to apply for an extended protection order, you can ask for that extended time in your original application or you can file a motion before your order expires.
For workplace harassment protection orders, the employer must file the application for an extended order before the date the temporary order expires.
Can I still apply for an extended order if my temporary order has already expired?
No. The court cannot grant an extended protection order after a temporary order has expired. If your temporary protection order has expired, and you believe you still need the order in place, you must submit a new TPO application.
How do I apply for an extended protection order?
To apply for an extended protection order after a temporary order has already been entered, you must complete the appropriate application and file it with the justice court where you filed your initial TPO application.
- If you obtained a TPO against stalking, aggravated stalking, or harassment, sexual assault. or for protection of children, click under the form’s title below to download the extended protection order application:
MOTION TO EXTEND PROTECTION ORDER
Pdf Fillable
- If you obtained a TPO against harassment in the workplace, click under the form’s title below to download the extended protection order application:
APPLICATION FOR EXTENDED ORDER FOR PROTECTION AGAINST HARASSMENT IN THE WORKPLACE
Pdf Fillable
For general tips and instructions on how to fill out and file your documents, click to re-read Protection from Harm to Children; Protection from Sexual Assault; Protection from Stalking, Aggravated Stalking, or Harassment; or Protection from Workplace Harassment.
Will there be a court hearing on my application for an extended protection order?
Yes. An extended order cannot be granted unless:
- Notice of the application for the extended order and of the hearing on the order is served upon the adverse party pursuant to the Nevada Rules of Civil Procedures, and
- The court holds a hearing on the request.
If you are applying to extend a workplace harassment protection order, the court must hold a hearing on the application within ten days after your file, unless it determines there are compelling reasons to hold the hearing at a later date.
What if the hearing on my extended order doesn’t take place until after the order expires?
If your motion to extend the protection order is filed within the period of the temporary order (in other words, before the temporary order expires), the TPO remains in effect until the hearing on the extended order is held.
What will happen at the hearing on my application for an extended order?
The hearing is your opportunity to explain to the judge why you need an extended order for protection. You should plan on bringing any supporting documentation that you have not already provided to the court and any witnesses that you believe will support your request to have an extended order issued.
For tips on preparing for your hearing, click to visit Going to Court.
What if I disagree with the judge’s decision on my extended protection order application?
If the judge denies your application for an extended order, but you believe the protection is still needed, you can file a brand new TPO application.
If the judge grants your application for an extended order, the adverse party can appeal the judge’s decision to the district court. The adverse party could also file a motion asking the court to modify or dissolve the extended order.
Opposing, Modifying, Dissolving, Or Appealing A Protection Order
CAUTION! If a protection order has been entered against you, DO NOT VIOLATE IT! Violation of a protection order is a crime punishable by fines and imprisonment. It is also a civil contempt of court. For more information about the penalties for violating a protection order, click to visit Overview of Protection Orders.
If someone is trying to obtain or has already obtained a protection order against you, you have a couple of options. You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court’s grant of an extended protection order.
Q&A – Protection Order Motions And Appeals
How do I oppose an application for protection against me?
If you disagree with the the applicant's request for a protection order against you, and the court has not granted it yet, you can file an opposition. After you file the opposition, the court will review it and consider the arguments. If the court has already scheduled a hearing, then you can also appear at the hearing and present your opposition argument there.
- If the applicant has filed an application for protection against you, and the court has not granted it yet, and you disagree with the application, click underneath the form's title below to download the opposition.
OPPOSITION TO APPLICATION FOR PROTECTION ORDER
Pdf Fillable
What is a “motion to dissolve,” and what happens if I file one?
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to “dissolve” (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing. If the court schedules a hearing and grants the motion, the protection order will become immediately void and unenforceable. A protection order can only be dissolved by the court.
What is a “motion to modify,” and what happens if I file one?
A motion to “modify” (change) the protection order is typically filed when the adverse party believes that the protection order is too broad or that the protection order is too burdensome. After you file the motion, the court will decide whether to schedule a hearing. A protection order can only be modified by the court.
What form do I use to file a motion to dissolve or modify the protection order?
- If the applicant obtained a protection order against you, click underneath the form’s title below to download the motion to modify or dissolve:
MOTION TO MODIFY OR DISSOLVE ORDER FOR PROTECTION
Pdf Fillable
For general tips and instructions on how to fill out and file your documents, click to re-read Protection from Harm to Children; Protection from Sexual Assault; Protection from Stalking, Aggravated Stalking, or Harassment; or Protection from Workplace Harassment.
What is an “appeal,” and how would I file one?
If the court issues an extended order for protection, the adverse party can file an appeal to the district court. (There is no appeal allowed if the court denies an application to extend a protection order, only if the court grants the extension.) The district court will typically not hear new evidence on an appeal. The court will review the documentation and other information that was presented to the justice court in order to decide whether the justice of the peace made any error of law in granting the extended protection order. The district court can affirm, modify, or vacate the justice court’s order. (In other words, the district court can keep the order in place, change it in some way, or do away with it completely.)
There is a $97 filing fee to file an appeal, but there is no requirement that a bond be posted. Filing the appeal paperwork does not change the validity or enforceability of the extended order.
To appeal the grant of an extended protection order, the adverse party must complete and file the forms below with the justice court where the case is pending. Each of the forms is available, free of charge, and the Self-Help Center, or you can download the form by clicking one of the formats underneath the form’s title:
NOTICE OF APPEAL TO DISTRICT COURT
PDF Fillable | PDF Nonfillable
STATEMENT OF POINTS ON APPEAL
Pdf Fillable | Pdf Nonfillable
TIP! If the hearing on the extended protection order you're appealing was recorded, you must order a copy of the hearing transcript from the court reporter and deposit $100 with the court (unless some greater amount was ordered). (JCRCP 74(b).) If the hearing wasn't recorded, you must fill out and file the Statement of Evidence or Proceedings form below.
STATEMENT OF EVIDENCE OR PROCEEDINGS
Pdf Fillable | Pdf Nonfillable
The district court may issue an order setting the case for oral argument and may require the parties to submit written briefs. A form Appellate Brief is available, free of charge, at the Civil Law Self-Help Center or can be downloaded by clicking one of the listed formats underneath the form's title below:
APPELLATE BRIEF
Pdf Fillable | Pdf Nonfillable
Click to visit our Basics of Court Forms and Filing for tips on how to fill out legal forms and file in the justice court, or click to visit Justice Courts for court location and contact information.
Responding To A Complaint If You've Been Sued
Learn what to do if you’ve been served with a summons and complaint, including how much time you have to respond and what options might be available to you. Remember that if you do nothing, the person suing you can ask the court for a money judgment against you!
Responding To The Other Side's Requests For Information
Learn what to do if you have received written discovery requests from the other side. These might include requests to produce documents, or to answer written questions (called “interrogatories”), or to admit or deny certain facts (called “request for admissions”).
Opposing A Motion Filed Against You
Learn how to prepare and file a written “opposition” to a motion that the other side has filed against you. Keep in mind that if you don’t file a written opposition, the other side might win automatically!
Garnishing Wages Or Attaching Bank Accounts
Learn the seven steps you’ll follow to prepare the paperwork necessary to collect your civil judgment. Also find out about some funds you might be able to collect from and some things to watch for as the collection process goes forward.
Contesting A Garnishment Or Attachment
Learn how to file a Claim of Exemption to protect your money or property that is “exempt” (protected) and can’t be taken to from you to pay a judgment.
