Nev. Rev. Stat. §§ 40.215–40.425 § 40.420
Form of writ of restitution; execution.
Operative Text
1. The writ of restitution issued by a justice of the peace must be substantially in the following form: The State of Nevada to the sheriff or constable of the county of ................, greeting: Whereas, A.B., of the county of ................, at a court of inquiry of an unlawful holding over of (lands) (tenements) (a mobile home), and other possessions, held at my office (stating the place), in the county aforesaid, on the ........ day of .............., A.D. ....., before me, a justice of the peace for the county aforesaid, by the consideration of the court, has recovered judgment against C.D., to have restitution of (here describe the premises as in the complaint). You are therefore commanded, that taking with you the force of the county, if necessary, you cause C.D. to be immediately removed from the premises, and A.B. to have peaceable restitution of the premises. You are also commanded that of the goods and chattels of C.D., within said county, which are not exempt from execution, you cause to be made the sum of ........ dollars for the plaintiff, together with the costs of suit endorsed hereon, and make return of this writ within 30 days after this date. Given under my hand, this ........ day of ........, A.D. ..... E.F., justice of the peace. 2. The sheriff or constable shall execute the writ in the same manner as required by the provisions of chapter 21 of NRS for writs of execution.
Nevada Revised Statutes § 40.420 establishes the official template language that a justice of the peace must use when issuing a writ of restitution in an eviction proceeding. The writ directs a sheriff or constable to remove the occupant from the described premises and restore possession to the prevailing party, and it may also direct the officer to collect any monetary judgment from the occupant's non-exempt property. Once issued, the writ must be returned within 30 days, and the officer carries it out following the same execution procedures that govern writs of execution under NRS Chapter 21.
Plain English — not legal advice.
Under Nev. Rev. Stat. § 40.420, once a landlord obtains a judgment for restitution from a justice of the peace, the court issues a writ in the form prescribed by this section directing the sheriff or constable to restore possession of the property. Compliant operators generally retain copies of the writ and any endorsed cost information, and they coordinate with the serving officer rather than attempting to remove a tenant themselves. Self-help removal outside this court-supervised process is not what this statutory framework contemplates.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Nev. Rev. Stat. § 40.420 governs the formal document that authorizes law enforcement to carry out an eviction after a court judgment — only a sheriff or constable acting under a properly issued writ may physically remove an occupant. If a tenant believes the underlying judgment was improper or that the writ does not conform to the required statutory form, that concern can be raised as part of the court process, including through any available appeal or motion in the justice court. Tenant-rights organizations in Nevada can help occupants understand the timeline and procedural steps associated with a writ of restitution.
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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