1 2 3 4 5 6 IN THE JUSTICE COURT OF __________________________ TOWNSHIP 7 IN AND FOR THE COUNTY OF _________________, STATE OF NEVADA 8 9 Name: Address: 10 11 Phone: ______________________ ______________________ ______________________ ______________________ Landlord/Plaintiff 12 vs. CASE NO: ________________ 13 14 Name: Address: 15 Phone: 16 17 _____________________ _____________________ _____________________ _____________________ Tenant/Defendant DEPT. NO:________________ MOTION TO SET BOND AND TO STAY EVICTION PENDING APPEAL 18 19 COMES NOW, 20 respectfully requests that the Court set the Cost and Supersedeas Bonds and stay 21 execution 22 __________________, 20____, in the above-entitled Court pending the appeal of 23 this matter. of the ___________________________________ order eviction entered on the _______ and day of POINTS AND AUTHORITIES 24 25 of (Name), NRS 40.380 provides that: 26 Either party may, within 10 (judicial) days, appeal from the 27 judgment rendered. But an appeal by the defendant shall not 28 Apartment Landlord or Tenant Motion to Set Bond and to Stay Eviction Pending Appeal Form #32 1 of 4 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 stay the execution of the judgment, unless, within the 10 2 (judicial) days, he shall execute and file with the court or justice 3 his undertaking to the plaintiff, with two or more sureties, in an 4 amount to be fixed by the court or justice, but which shall not be 5 less than twice the amount of the judgment and costs, to the 6 effect that, if the judgment appealed from be affirmed or the 7 appeal be dismissed, the appellant will pay the judgment and 8 the cost of appeal, the value of the use and occupation of the 9 property, and damages justly accruing to the plaintiff during the 10 pendency of the appeal. Upon taking the appeal and filing the 11 undertaking, all further proceedings in the case shall be stayed. 12 13 FACTS AND ARGUMENT On the _________ day of ___________________, 20____, a judgment was 14 entered 15 $__________ and which evicts Appellant from the mobile home space Appellant 16 occupies at ________________________________________________________. 17 On the ___________ day of ________________, 20____, Appellant filed its Notice 18 of Appeal. against Appellant which requires Appellant to pay Respondent 19 WHEREFORE, Appellant requests that the Court set the Cost and 20 Supersedeas Bonds and stay execution of the order of eviction entered on the 21 _______ day of _______________, 20____, in the above-entitled court upon 22 posting of said Bonds pending the appeal of this matter. 23 Submitted by, 24 25 ________________________ Date _________________________ Signature of Party 26 _________________________ Print Name of Party 27 28 Apartment Landlord or Tenant Motion to Set Bond and to Stay Eviction Pending Appeal Form #32 2 of 4 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 I swear the above is true. Signature:__________________________________ 2 3 4 SUBSCRIBED AND SWORN to before me this ____ day of _________________, 5 6 20____. 7 8 NOTARY PUBLIC 9 OR 10 DEPUTY CLERK _____________________________ 11 12 OR 13 THE FOLLOWING: 14 15 16 Pursuant to NRS 53.045: 17 "I declare under penalty of perjury under the law of the State of Nevada that the 18 foregoing is true and correct." 19 20 Executed on _____________, 20____ 21 22 23 ______________________________ Signature 24 25 26 ______________________________ Print Name 27 28 Apartment Landlord or Tenant Motion to Set Bond and to Stay Eviction Pending Appeal Form #32 3 of 4 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 CERTIFICATE OF SERVICE 2 3 Pursuant to NRCP 5(b) and JCRCP 5(b), I hereby certify that I am a 4 non-party over the age of 18 years, and that on _____________________, 20____, 5 I 6 __________________________________________________________________, served true and correct copy of the foregoing (Name of document that was served) 7 8 a addressed to: 9 _______________________________________ 10 _______________________________________ 11 _______________________________________ 12 _______________________________________ 13 14 [ ] 15 BY U.S. MAIL: I deposited for mailing in the United States mail, with postage fully prepaid, an envelope containing the above-identified document at 16 _______________________________ (City and State), 17 in the ordinary course of business. 18 19 [ ] BY FACSIMILE TO: _______________________________ (FAX number). 20 [ ] BY PERSONAL SERVICE: I personally hand delivered the above-identified 21 document to the address/offices of the person named above. 22 _______________________________ Signature of Server 23 24 25 _______________________________ Print Name of Server 26 27 28 Apartment Landlord or Tenant Motion to Set Bond and to Stay Eviction Pending Appeal Form #32 4 of 4 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com