Nev. Rev. Stat. §§ 40.215–40.425 § 40.310
Issue of fact to be tried by jury if proper demand made.
Operative Text
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.
Under Nev. Rev. Stat. § 40.310, when the pleadings in an unlawful detainer or summary eviction proceeding raise a genuine dispute over the facts—rather than a purely legal question—either party has the right to have those contested facts decided by a jury, provided the demand is made in accordance with the Nevada Rules of Civil Procedure or the Justice Court Rules of Civil Procedure. This provision preserves the traditional jury-trial right within the eviction process. The rule does not create a jury right automatically; it depends on a timely and proper demand being filed under the applicable procedural rules.
Plain English — not legal advice.
Property owners and managers involved in eviction proceedings governed by Nev. Rev. Stat. § 40.310 should be aware that a tenant may demand a jury trial whenever the pleadings reveal a factual dispute, which can extend the timeline and complexity of the proceeding. Compliant operators typically account for the possibility of jury-trial demands when planning the litigation process and ensure their pleadings clearly articulate the factual and legal basis for the action. Familiarity with the Nevada Rules of Civil Procedure and Justice Court Rules of Civil Procedure helps operators understand the deadlines and procedures that govern such demands.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Nev. Rev. Stat. § 40.310, tenants whose eviction case involves a genuine dispute over the facts have the right to request that a jury—rather than a judge alone—decide those factual questions. This right must be exercised through a proper demand made in compliance with the Nevada Rules of Civil Procedure or the Justice Court Rules of Civil Procedure, meaning procedural deadlines and requirements apply. Tenants who believe this right may be relevant to their case can consult a tenant-rights organization or legal aid provider to understand how and when a jury-trial demand must be made under the applicable rules.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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