8th DISTRICT COURT ( DC ) EVICTION APPEAL ATTORNEY |
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Las Vegas Landlord Eviction wants you to know what to do If you or your Tenant are not happy with the Justice Court decision you or your Tenant can take the following steps. At this stage, you or your Tenant should have received a decision from the Justice Court.
If You or your Tenant does NOT agree with Justice Court (lower court) decision, You or your Tenant can file a District Court (DC) Eviction Appeal (higher court). LVL only supports Residential, NOT Commercial evictions.
NOTE: Under the Nevada Constitution, the district court has final appellate jurisdiction in cases arising in the justice court. (Nev. Const. art. VI, § 6, cl. 1.) Therefore, if the district court (DC) upholds the justice court's eviction order, there can be no further appeal.
If You or your Tenant does NOT agree with Justice Court (lower court) decision, You or your Tenant can file a District Court (DC) Eviction Appeal (higher court). LVL only supports Residential, NOT Commercial evictions.
NOTE: Under the Nevada Constitution, the district court has final appellate jurisdiction in cases arising in the justice court. (Nev. Const. art. VI, § 6, cl. 1.) Therefore, if the district court (DC) upholds the justice court's eviction order, there can be no further appeal.
Try not to get scared, just because a Tenant files a District Court (DC) Eviction Appeal does NOT mean the eviction or lockout stops. If tenant has filed a DC Eviction Appeal, one of the following could happen:
1) DC Eviction Appeal is GRANTED. Judge DENIES the Justice Court Eviction. Order sent back to Justice Court.
2) DC Eviction Appeal is DENIED. DC Order sent back to Justice Court, Lockout continues.
3) DC orders a HEARING, each party comes to court and pleads their case. Hearings are normally set for 10 to 20 days from the date the Appeal was filed with the District Court. This seldom happens.
1) DC Eviction Appeal is GRANTED. Judge DENIES the Justice Court Eviction. Order sent back to Justice Court.
2) DC Eviction Appeal is DENIED. DC Order sent back to Justice Court, Lockout continues.
3) DC orders a HEARING, each party comes to court and pleads their case. Hearings are normally set for 10 to 20 days from the date the Appeal was filed with the District Court. This seldom happens.
You can hire one of our referral Attorneys (more expensive) or let LVL Evictions do most of the work for you at a lower price. LVL Eviction is NOT allowed to represent you in District Court Appeal. Most of the time, a Tenant Appeal is reviewed by the District Court and DENIED. LVL Evictions is always in contact with the District Court clerks, monitoring those cases to see if there are any problems.
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If you need an Attorney, then please contact one of the Attorneys to handle your DC Eviction Appeal. The Attorney's rates, retainers, etc. are set by each Attorney depending upon the case details.
ANN E. KOLBER, Esq.
Attorney, Law Practice, Ltd. PH: 702-899-2875 EM: AK[email protected] 5516 S Fort Apache Rd, Suite 110, Las Vegas, NV 89148 Bar # 8144 , Member since: 12/19/2002 |
NORTH LAS VEGAS, LAS VEGAS and HENDERSON
[ DC Appeal ] If You or your Tenant do NOT agree with Justice Court decision ( District Court Appeal )
An District Court Eviction Appeal is a request by the Tenant to the District Court (higher court) in which the Tenant asks the higher court to cancel the eviction due to an error on the Justice Court (lower court) decision. No new evidence can be introduced/added to your case. Tenant only has ten (10) calendar days from the Justice Court Order to file an appeal to District Court (JCRCP 72B(a).). Tenant must also post a $250 bond with the Court Clerk (JCRCP 73.). The $250 cost bond can NOT be waived with a fee waiver application.
An District Court Eviction Appeal is a request by the Tenant to the District Court (higher court) in which the Tenant asks the higher court to cancel the eviction due to an error on the Justice Court (lower court) decision. No new evidence can be introduced/added to your case. Tenant only has ten (10) calendar days from the Justice Court Order to file an appeal to District Court (JCRCP 72B(a).). Tenant must also post a $250 bond with the Court Clerk (JCRCP 73.). The $250 cost bond can NOT be waived with a fee waiver application.
