§ RULE 81. APPLICABILITY IN GENERAL

Codes > Rules of Civil Procedure for the Nevada District Courts > XI. General > RULE 81.

RULE 81. APPLICABILITY IN GENERAL

(a) To What Proceedings Applicable. These rules do not govern procedure and practice in any special statutory proceeding insofar as they are inconsistent or in conflict with the procedure and practice provided by the applicable statute. Where the applicable statute provides for procedure under the former statutes governing civil actions, such procedure shall be in accordance with these rules. Appeals from a district court to the Supreme Court of Nevada, and applications for extraordinary writs in the Supreme Court are governed by the Nevada Rules of Appellate Procedure.

ADVISORY COMMITTEE'S NOTE

A new rule, adapted from Minnesota, states when the rules are not applicable. It was thought advisable not to endeavor to enumerate all special statutory proceedings, such as probate and habeas corpus, to which the rules would, at least in part, be inapplicable. Appeals are governed by the rules.

(b) Reserved.

(c) Removed Actions. Whenever a cause shall have been removed from a state court to a United States court, and thereafter remanded, judgment by default shall not be entered therein until the expiration of 10 days after service of written notice upon defendants that the order remanding such cause has been filed. Within such time the defendants may move or plead as they might have done had such cause not been removed.

ADVISORY COMMITTEE'S NOTE

A rule of procedure upon remand, adapted from New Mexico, is substituted for the federal rule on procedure upon removal.

(d) Reserved.

(e) Reserved.

(f) Reserved.