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NRS 33.060 - Notice of order to law enforcement agency; duty to serve order without charge and to enforce order; no charge for copy of order for applicant and adverse party.

NV Rev Stat § 33.060 (2019) (N/A)
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1. The court shall transmit, by the end of the next business day after the order is issued, a copy of the temporary or extended order to the appropriate law enforcement agency which has jurisdiction over the residence, school, child care facility or other provider of child care, or place of employment of the applicant or the minor child.

2. The court shall order the appropriate law enforcement agency to serve, without charge, the adverse party personally with the temporary order. If after due diligence, the law enforcement agency has attempted and been unable to personally serve the adverse party with the temporary order, the law enforcement agency shall leave a notice in a conspicuous place at the last known address of the adverse party. The notice must include, without limitation, a statement that contains the following information:

(a) That the adverse party must contact the law enforcement agency within 24 hours of the attempted personal service and the exact time in which the 24-hour period expires; and

(b) The contact information for the law enforcement agency, including, without limitation, the phone number of the law enforcement agency.

3. If the adverse party responds to the notice pursuant to subsection 2, the law enforcement agency must obtain the necessary information from the adverse party to serve the adverse party personally with the temporary order.

4. If after due diligence, the law enforcement agency has attempted and been unable to serve the adverse party with personal service of the temporary order three times and the adverse party has not responded to the notices pursuant to subsection 2, the applicant may petition the court to order the law enforcement agency to serve the adverse party with the temporary order at his or her place of employment, if applicable. The petition must include, without limitation, affidavits, declarations or other evidence setting forth specific facts demonstrating:

(a) That the law enforcement agency, with due diligence, attempted to locate and personally serve the adverse party three times and left corresponding notices at his or her place of residence after each attempted service pursuant to subsection 2; and

(b) The contact information of the adverse party, including, without limitation, the known or last known phone number and residential address of the adverse party and the name and commercial address of his or her place of employment.

5. If the adverse party is unemployed or after due diligence, the law enforcement agency has attempted and been unable to serve the adverse party with the temporary order at his or her place of employment pursuant to subsection 4, the applicant may petition the court to order the law enforcement agency to serve the adverse party by an alternative service method pursuant to the Nevada Rules of Civil Procedure.

6. Except as otherwise provided in subsection 7, service of an application for an extended order and the notice of any hearing thereon must be served upon the adverse party:

(a) Pursuant to the Nevada Rules of Civil Procedure; or

(b) In the manner provided in NRS 33.065.

7. If the applicant files an application for an extended order at the same time as his or her application for a temporary order or before such time that a law enforcement agency is able to successfully serve the temporary order on the adverse party, the application for the extended order and notice of the hearing thereon must be served with the temporary order in accordance with the procedures set forth in subsections 1 to 5, inclusive, regardless of whether the law enforcement agency has commenced service of the temporary order pursuant to subsections 1 to 5, inclusive.

8. A law enforcement agency shall enforce a temporary or extended order without regard to the county in which the order was issued.

9. The clerk of the court shall issue, without fee, a copy of the temporary or extended order to the applicant and the adverse party.

(Added to NRS by 1985, 2285; A 1995, 219; 2001, 2129; 2003, 1754; 2017, 1217; 2019, 2831)

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