Nev. Rev. Stat. §§ 40.215–40.425 § 40.350
Trial not to be adjourned when plaintiff admits evidence in affidavit would be given.
Operative Text
If the plaintiff admits that the evidence stated in the affidavit mentioned in NRS 40.340 would be given by such witness, and agrees that it be considered as actually given on the trial, or offered and overruled as improper, the trial shall not be adjourned.
Under Nev. Rev. Stat. § 40.350, a court handling an eviction (summary removal) proceeding cannot grant a continuance or adjournment solely because a witness is unavailable, provided the opposing party—the plaintiff—concedes that the absent witness would give the testimony described in a continuance affidavit and agrees to treat that testimony as if it were actually presented at trial. In other words, the rule prevents delay tactics based on witness absence when the plaintiff is willing to stipulate to the substance of that testimony. The provision applies within the broader eviction framework established by §§ 40.215–40.425.
Plain English — not legal advice.
Landlords prosecuting an eviction action under Nev. Rev. Stat. § 40.350 should be aware that if a tenant files an affidavit seeking a continuance due to an absent witness, the landlord can block the adjournment by formally admitting that the witness would give the stated testimony and agreeing it be treated as evidence in the record. Operators who understand this mechanism can help keep eviction proceedings on schedule rather than allowing procedural delays. Maintaining clear documentation of any such stipulation is a practice consistent with orderly case management under §§ 40.215–40.425.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Nev. Rev. Stat. § 40.350, tenants defending an eviction have the right to submit an affidavit describing what an absent witness would say, which can be a basis for requesting a continuance. However, if the plaintiff landlord admits to the substance of that testimony and agrees it be treated as given, the court will not adjourn the trial—meaning the case proceeds with that testimony deemed part of the record. Tenants who believe this procedural rule affects their case may benefit from consulting a tenant-rights organization or legal aid provider familiar with Nevada's summary eviction statutes under §§ 40.215–40.425.
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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