Nev. Rev. Stat. § 1.310

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 1.310 - Adjournment or continuance of action or proceeding during legislative session if party or attorney is member of Legislature or President of Senate

1. Except as otherwise provided in subsection 3, if a person:

(a) Is a member of the Legislature or the President of the Senate;

(b) During any regular or special session of the Legislature, is:

(1) A party to any action or proceeding in any court or before any administrative body; or

(2) An attorney for a party to any action or proceeding in any court or before any administrative body who was actually employed as the party's attorney before the commencement of the session; and

(c) Files with the court or administrative body a motion or request for a continuance of the action or proceeding pursuant to this section,

the court or administrative body shall grant the continuance of the action or proceeding, including, without limitation, any discovery or other pretrial or posttrial matter involved in the action or proceeding, subject to the provisions of subsection 2.

2. A continuance granted pursuant to subsection 1 must be:

(a) Effective for:

(1) The duration of the session and for an additional 7 calendar days following the session; or

(2) A shorter period if requested by the person who filed the motion or request for a continuance of the action or proceeding.

(b) Granted without the imposition of any bond, costs or other terms.

3. If any party objects to a motion or request for a continuance that is filed pursuant to subsection 1, the court or administrative body shall not deny the requested continuance, in whole or in part, unless the objecting party satisfies the burden to prove that, as a direct result of emergency or extraordinary circumstances, the objecting party:

(a) Has a substantial existing right or interest that will be defeated or abridged if the requested continuance is granted; and

(b) Will suffer substantial and immediate irreparable harm if the requested continuance is granted.

NRS 1.310

Added to NRS by 1960, 365; A 1963, 313; 2001, 481; 2019, 3606

Amended by 2019, Ch. 564,§1, eff. 6/12/2019.

Added to NRS by 1960, 365; A 1963, 313; 2001, 481