# Nev. Rural JCR 9: Rule 9 . Motions: Procedure for making motions; affidavits; renewal, rehearing of motions

> Nevada · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_NV_JCR_RURAL_R9

## Section

- **Citation:** Nev. Rural JCR 9
- **Heading:** Rule 9 . Motions: Procedure for making motions; affidavits; renewal, rehearing of motions
- **Jurisdiction:** Nevada
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Nevada Court Rules / Local Rules of Practice for the Rural Justice Courts in the State of Nevada / Rule 9

## Text

1. All motions shall contain proof of the service of the same or have proof of service filed contemporaneously therewith. Service of all motions, criminal or civil, shall be in accordance with JCRCP 5 . 2. A party filing a motion shall also serve and file with it a memorandum of points and authorities in support of each ground thereof. The absence of such memorandum may be construed as an admission that the motion is not meritorious and cause for its denial or as a waiver of all grounds not so supported. 3. Within 10 days after the service of the motion, the opposing party shall serve and file his written opposition thereto, together with a memorandum of points and authorities and supporting affidavits, if any, stating facts showing why the motion should be denied. Failure of the opposing party to timely serve and file his written opposition may be construed as an admission that the motion is meritorious and consent to granting the same. 4. The moving party may serve and file reply points and authorities within 5 days after service of the answering points and authorities. 5. The court may decline to consider any motion, opposition, or reply when it is accompanied by a memorandum that consists of bare citations to statutes, rules, or cases. 6. Upon the expiration of the time to oppose or reply, either party may notify the clerk to submit the matter for decision by filing and serving all parties with a written request for submission of the motion or the court may consider the motion without further notification to the parties. 7. Any affidavit to be used shall identify the affiant, the party on whose behalf it is submitted, and the motion or application to which it pertains and shall be served and filed with the motion, opposition, or reply to which it relates. Affidavits shall contain only factual, evidentiary matter, shall conform to the requirements of JCRCP 56 (e), and shall avoid mere general conclusions or argument. Affidavits substantially defective in these respects may be stricken, wholly or in part. 8
tted, and the motion or application to which it pertains and shall be served and filed with the motion, opposition, or reply to which it relates. Affidavits shall contain only factual, evidentiary matter, shall conform to the requirements of JCRCP 56 (e), and shall avoid mere general conclusions or argument. Affidavits substantially defective in these respects may be stricken, wholly or in part. 8. Factual contentions involved in any pre-trial or post-trial motion may be initially presented and heard upon affidavits. Oral testimony may be received at the hearing with the approval of the court, or the court may set the matter for a hearing at a time in the future and allow oral examination of the affiants to resolve factual issues shown by the affidavits to be in dispute. 9. No motion or matter once heard and disposed of shall be renewed in the same cause, nor shall the same matters therein embraced be reheard, unless by leave of the court granted upon motion therefor, after notice of such motion to the adverse parties.

## Nearby sections

- [Nev. Rural JCR 2 Rule 2 . Definitions of words and terms. In these rules, unless the context or subject matter otherwise requires:](https://www.frixlaw.com/law-library/statutes/SRULES_NV_JCR_RURAL_R2.md)
- [Nev. Rural JCR 6 Rule 6 . Duties of bailiff. During the time the court remains in session, the bailiff, if there is one, or the sheriff, constable, marshal, or deputy in attendance pursuant to order of the justice of the peace if there is no bailiff, shall:](https://www.frixlaw.com/law-library/statutes/SRULES_NV_JCR_RURAL_R6.md)
- [Nev. Rural JCR 7 Rule 7 . Custody and withdrawal of papers, records, and exhibits.](https://www.frixlaw.com/law-library/statutes/SRULES_NV_JCR_RURAL_R7.md)
- [Nev. Rural JCR 9 Rule 9 . Motions: Procedure for making motions; affidavits; renewal, rehearing of motions.](https://www.frixlaw.com/law-library/statutes/SRULES_NV_JCR_RURAL_R9.md)
- [Nev. Rural JCR 10 Rule 10 . Motions for continuance: Contents, service of affidavits; counter-affidavits; argument.](https://www.frixlaw.com/law-library/statutes/SRULES_NV_JCR_RURAL_R10.md)
- [Nev. Rural JCR 12 Rule 12 . Withdrawal or change of counsel.](https://www.frixlaw.com/law-library/statutes/SRULES_NV_JCR_RURAL_R12.md)
- [Nev. Rural JCR 17 Rule 17 . Sanctions for noncompliance. If a party or an attorney fails, refuses, or neglects to comply with these rules, the Supreme Court Rules, the Justice Court Rules of Civil Procedure, the orders of the court, or any other statutory requirements, the court may, after notice and an opportunity to be heard, impose any and all sanctions authorized by statute or rule, including but not limited to the following:](https://www.frixlaw.com/law-library/statutes/SRULES_NV_JCR_RURAL_R17.md)
- [Nev. Rural JCR 18 Rule 18 . Release and detention pending judicial proceedings.](https://www.frixlaw.com/law-library/statutes/SRULES_NV_JCR_RURAL_R18.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_NV_JCR_RURAL_R9. Check the current official text before relying on it. Not legal advice.
