Nev. Rev. Stat. §§ 40.215–40.425 § 40.330
Amendment of complaint to conform to proof; continuance.
Operative Text
When, upon the trial of any proceeding under NRS 40.220 to 40.420, inclusive, it appears from the evidence that the defendant has been guilty of either a forcible entry or forcible or unlawful detainer, and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform to such proofs. Such amendment must be without any imposition of terms. No continuance must be permitted upon account of such amendment, unless the defendant, by affidavit filed, shows to the satisfaction of the court good cause therefor.
Nevada Revised Statutes § 40.330 addresses what happens during an eviction trial when the evidence reveals a different type of wrongful entry or occupancy than what was originally alleged in the complaint. Under this provision, the judge is required to amend the complaint on the spot to match what the evidence actually shows, whether that is a forcible entry or a different form of unlawful detainer. The amendment is made without any conditions or penalties attached to it, and the case generally continues without delay unless the defendant can demonstrate good cause for a postponement through a sworn affidavit.
Plain English — not legal advice.
Under Nev. Rev. Stat. § 40.330, landlords and property managers involved in eviction proceedings should be aware that a complaint can be corrected mid-trial to reflect the type of wrongful occupancy the evidence supports, even if it differs from what was originally pleaded. Compliant operators typically ensure that their evidence is well-documented and consistent with the nature of the tenancy dispute, since the court may reframe the legal basis of the case based on what the proof shows. Understanding that no continuance is automatically granted upon such an amendment helps operators anticipate that proceedings may move forward without interruption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Nev. Rev. Stat. § 40.330 provides that if the evidence at an eviction trial points to a different type of forcible entry or unlawful detainer than what was charged in the original complaint, the complaint will be amended to match the proof. Tenants should be aware that this amendment cannot be used as a basis to delay the proceedings unless the tenant files a sworn affidavit demonstrating good cause for a continuance to the court's satisfaction. Tenants facing this situation may benefit from consulting a tenant-rights organization or legal aid provider to understand how this procedural rule could affect their case.
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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