Fill - PREPARING AND FILING A STIPULATION AND ORDER TO (LAWS)

June 13, 2001 Use only most current version

PREPARING AND FILING A

STIPULATION AND ORDER TO CONTINUE A HEARING

EXPLANATION OF A STIPULATION AND ORDER

A stipulation is an agreement between the two parties in a case.

If the judge approves that agreement he/she will sign an Order to

make the agreement binding. A Stipulation and Order allows the

parties to resolve a portion of their case without going to a

hearing. For example, in this packet, you and the other party

are agreeing to move a hearing date. If the judge approves the

agreement, you will not go to court to ask the judge to move the

hearing date.

YOU CAN USE THIS STIPULATION AND ORDER IF:

#

Both parties are representing themselves; and

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You have a hearing date already scheduled; and

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You and the other party agree that the hearing

date should be moved to another day and time.

November 5, 2006 Use only most current version

INSTRUCTIONS FOR PREPARING AND FILING A

STIPULATION AND ORDER TO CONTINUE A HEARING

* * * IMPORTANT DISCLOSURE * * *

THIS INFORMATION IS PROVIDED AS A COURTESY

ONLY. CLARK COUNTY, THE EIGHTH JUDICIAL

DISTRICT COURT, THE SELF-HELP CENTER AND THEIR

EMPLOYEES SHALL NOT BE LIABLE FOR ERRORS

CONTAINED HEREIN OR FOR DIRECT, INDIRECT,

SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION

WITH THE FURNISHING OF THIS MATERIAL.

MANY FAMILY LAW MATTERS INVOLVE COMPLEX AND

VALUABLE LEGAL RIGHTS. THESE FORMS AND

INSTRUCTIONS ARE BASIC, GENERAL FORMS, AND MAY

NOT FIT ALL SITUATIONS. SOME RIGHTS CANNOT BE

ADEQUATELY PROTECTED WITHOUT THE ASSISTANCE OF

AN ATTORNEY. YOU SHOULD CONSULT WITH AN

ATTORNEY BEFORE YOU ATTEMPT TO USE SELF-HELP.

* * * * *

I. EXPLANATION OF A STIPULATION AND ORDER

A. A stipulation is an agreement between the two parties

in a case. If the judge approves that agreement he/she

will sign an Order to make the agreement binding. A

Stipulation and Order allows the parties to resolve a

portion of their case without going to a hearing. For

example, in this packet, you and the other party are

agreeing to move a hearing date. If the judge approves

the agreement, you will not go to court to ask the

judge to move the hearing date.

B. You can use this Stipulation and Order if:

 Both parties are representing themselves; and

 You have a hearing date already scheduled;

and

 You and the other party agree that the

hearing date should be moved to another day

and time.

November 5, 2006 Use only most current version

2

C. This package should contain the following documents:

 Instructions for Preparing and Filing a

Stipulation and Order;

 Stipulation and Order;

 Notice of Entry of Order;

 Certificate of Mailing;

 List of telephone numbers for the judges’

staffs and the Court Clerks;

 Customer survey;

 Affirmation.

II. STEP 1: PREPARE YOUR PAPERWORK

NOTE: WHEN FILLING OUT ANY FORM, YOU MUST USE BLACK INK.

PRINT CLEARLY. THE CLERK’S OFFICE WILL NOT FILE YOUR

DOCUMENT IF THE HANDWRITING IS HARD TO READ.

A. THE CAPTION:

The “caption” is the portion of your document which

assists the Court in identifying your particular case.

It is the part of the page that has the blanks above

the words “Plaintiff” and “Defendant”. Generally, this

caption will be the same throughout the entire case and

will be on every document filed in the case. In this

package, the caption is on the: (1) Stipulation and

Order, (2) Notice of Entry of Order, (3) Certificate of

Mailing, and (4) Affirmation.

B. THE STIPULATION AND ORDER:

1. Insert your name, address, and phone number on the

first page, upper left-hand corner.

2. Insert the name of the Plaintiff on the blank

above the word “Plaintiff” in the caption and

insert the name of the Defendant on the blank

above the word “Defendant” in the caption. You

can determine who is the Plaintiff and who is the

Defendant by reviewing other papers that have been

filed in your case.

3. Insert the case number on the line after the words

“CASE NO.” on your documents. You can find the

case number by looking at other documents that

have been filed in your case. The case number

will start with a “D”, “R”, “T”, or “G”. If your

case starts with a “G”, please ask a Self-Help

November 5, 2006 Use only most current version

3

Center representative for assistance.

4. Insert the department letter on the line after the

words “DEPT. NO.” You can find the department

letter by looking at other documents that have

been filed in your case.

5. The Stipulation and Order uses a fill-in-the-blank

format. The Stipulation and Order will tell you

what information you need to put into the blank.

If the Stipulation and Order tells you to check an

item, check the box next to the item that applies

(i.e., check the box next to either “Plaintiff” or

“Defendant” if the Stipulation and Order has

“Plaintiff/Defendant”)

a. In the “Order” section of the document, leave

all lines blank except the lines under the

words “Respectfully Submitted”.

6. The Stipulation and Order must be “acknowledged”

by a Notary Public. In other words, you will need

to sign the document in front of a Notary. The

Self-Help Center has a Notary available. Do not

make any copies until the document is notarized.

C. THE NOTICE OF ENTRY OF ORDER:

NOTE: YOU SHOULD PREPARE THIS DOCUMENT AFTER THE JUDGE

HAS SIGNED THE STIPULATION AND ORDER.

1. The Notice of Entry of Order is the document that

tells the other party that the Stipulation and

Order has been filed. It also effects the timing

for rights for both parties (i.e., to appeal the

judge’s decision, to ask the judge to reconsider

his/her decision, etc.).

2. Insert your name, address, and phone number on the

first page, upper left-hand corner.

3. Insert the name of the Plaintiff on the blank

above the word “Plaintiff” in the caption and

insert the name of the Defendant on the blank

above the word “Defendant” in the caption.

4. Insert the case number on the line after the words

“CASE NO.” and insert the department letter on the

line after the words “DEPT. NO.”

5. The Notice of Entry of Order uses a fill-in-the-

blank format. The Notice of Entry of Order will

tell you what information you need to put into the

blank.

November 5, 2006 Use only most current version

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D. THE CERTIFICATE OF MAILING:

NOTE: YOU SHOULD PREPARE THIS DOCUMENT AFTER THE JUDGE

HAS SIGNED THE STIPULATION AND ORDER. PART OF THIS

DOCUMENT WILL HAVE TO BE COMPLETED BY SOMEONE ELSE.

(PLEASE SEE NEXT PARAGRAPH AND SECTION V, BELOW.)

1. The Certificate of Mailing is a document to show

the Court that the other party received a copy of

the papers you have just filed. Someone who is

not related to you by blood or marriage, and who

is over 18 years old, will need to complete part

of this document. This other person is called a

“third party”. (Please see Section V, below, for

more information.)

2. Insert your name, address, and phone number on the

first page, upper left-hand corner.

3. Insert the name of the Plaintiff on the blank

above the word “Plaintiff” in the caption and

insert the name of the Defendant on the blank

above the word “Defendant” in the caption.

4. Insert the case number on the line after the words

“CASE NO.” on your documents and insert the

department letter on the line after the words

“DEPT. NO.”

5. The Certificate of Mailing uses a fill-in-the-

blank format and will tell you what information

you need to put into the blank.

a. The third party will need to fill in the date

that he/she mailed the documents to the other

side.

b. The third party will need to sign the

Certificate of Mailing before a Notary

Public. The Self-Help Center has a Notary

available. Do not make any copies until the

document is notarized.

E. THE AFFIRMATION:

NOTE: You will need to file an Affirmation each time

you file documents. You may want to make a few copies

of the form before completing it.

1. Beginning January 1, 2007, most documents should

not contain parties’ Social Security Numbers.

If certain documents are required to have this

information, the Clerk’s Office and/or the Court

must take steps to ensure that the information

November 5, 2006 Use only most current version

5

is kept in a confidential manner. The

Affirmation lets the Clerk’s Office and the

Court know whether the documents you file

contain Social Security Numbers.

2. Insert your name, address, and phone number on

the first page, upper left-hand corner. The

form uses a “fill-in-the-blank” format. Write

the information requested on each line in the

caption.

3. If you or the other party has already filed

paperwork, fill in the “Case No.” and “Dept.

No.” lines to the right of the caption. You can

find this information by looking at other

documents that have been filed in the in the

case, leave the lines blank. The Clerk’s Office

will give you a case number and department

number when you file the paperwork.

4. Check the boxes next to the documents you are

filing. If you are filing document that is not

listed, check the “other” box and state the name

of the document on the line next to the box.

5. Sign and date the form.

III. STEP 2: THE COURT’S REVIEW OF THE STIPULATION AND ORDER

A. Make three copies of the Stipulation and Order and one

copy of the Affirmation.

B. You need to use a two-hole punch on the top of the

original documents and also stamp or write "original"

on the original documents. The Self-Help Center has a

two-hole punch and a stamp that you can use.

C. Paper clip the original Stipulation and Order and two

copies of that document plus the original and copy of

the Affirmation. Keep the other copy of the Stipulation

and Order for your records.

D. Take the elevator to the third floor of the Courthouse.

Go to the reception area by "chambers”. You will see

brown boxes against the wall. Each box is marked with

a department letter. Put the paper clipped documents

into the box belonging to that judge’s department.

E. The judge’s staff will review your paperwork. If it is

approved, the judge will sign the Stipulation and

Order. If you need to make some corrections, the staff

will put a note on your papers to tell you how to

correct them.

November 5, 2006 Use only most current version

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F. The Clerk’s Office will mail the forms to you after

they have been reviewed by the judge. Please give the

clerk a blank 10x13 envelope when you file your

documents. The Clerk’s Office will pay the postage.

After one week, you can call the Clerks Office at 455-

2590 to ask if your paperwork has been mailed. If the

paperwork has not been mailed after two weeks, you may

call the judge's office to make sure that they have

received your paperwork.

G. If the judge signed your Stipulation and Order, the

Clerk’s Office will automatically file it for you. If

your paperwork needs correction, you will need to

follow the instructions from the judge’s office and go

through steps A through F again after you have made the

correction.

IV. STEP 3: PREPARE AND FILE THE NOTICE OF ENTRY OF ORDER

A. Prepare the Notice of Entry and an Affirmation. (Please

See Section II, above)

1. A “file-stamped” copy is a copy of a document that

has the Clerk’s Office’s date and time stamp in

the upper-right corner of the first page. It

indicates that the Clerk’s Office has received the

original document.

B. Make two copies of the Notice of Entry of Order and one

copy of the Affirmation.

C. You need to use a two-hole punch on the top of the

original documents and also stamp or write "original"

on the original documents. The Self-Help Center has a

two-hole punch and a stamp that you can use.

D. Go to the filing counter at the Clerk's Office. The

clerk will file the original documents and will return

the file-stamped copies to you.

V. STEP 4: SERVE THE DOCUMENTS ON THE OPPOSING PARTY AND FILE

THE CERTIFICATE OF MAILING

A. As a general rule, you must give the other party a copy

of any document that you file with the Court. If that

party is represented by an attorney, you must give the

documents to the attorney instead of the other party.

The way of giving the documents to the other party (or

the attorney) is called “service of process” or

“service”. For this packet, you must serve the

Stipulation and Order and the Notice of Entry of Order.

1. Any document that is “served” must be mailed or

delivered by someone who is not related to you by

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blood or marriage. This person is called a “third

party”.

2. Any third party can serve the documents.

However, there are businesses that specialize in

serving documents. You can find these businesses

by looking in the Yellow Pages under “Process

Servers”.

B. There are several ways of serving the other party.

This packet contains a Certificate of Mailing. This

is the most common method of serving a Stipulation and

Order and Notice of Entry of Order. To learn more

about other methods of service, you can review the

Nevada Rules of Civil Procedure at the Self-Help

Center, any Clark County public library, or on-line at

http://www.nvsupremecourt.us. You may also speak to an

attorney.

1. If the other party does not have an attorney, the

third party should mail the documents to the

other side’s last known address (the address you

put in the Certificate of Mailing).

2. If the other party has an attorney, the third

party must mail the document to the attorney at

the attorney’s business address.

C. After the third party has mailed the Stipulation and

Order and Notice of Entry of Order to the other side

(or that side’s attorney) he/she should complete their

portion of the Certificate of Mailing. You will need to

prepare an Affirmation. (See II, above)

1. Make one

copy of the Certificate of Mailing and

one copy of the Affirmation.

2. You need to use a two-hole punch on the top of the

original documents and also stamp or write

"original" on them. The Self-Help Center has a

two-hole punch and a stamp that you can use.

3. Go to the filing counter at the Clerk's Office.

The Clerk will file the original documents and

will return the file-stamped copies to you. Keep

these copies for your records.

These forms can be filled out online.

To begin, left click on the first line.

In order to move to the next line hit

the "tab" key.

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June 13, 2001 Use only most current version

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STIP

(Your name)

(Address)

(Telephone)

In Proper Person

DISTRICT COURT

CLARK COUNTY, NEVADA

______________________________, )

Plaintiff, )

vs. ) CASE NO.: ________________

)

______________________________. ) DEPT. NO.: _______________

Defendant. )

____________________________________)

STIPULATION AND ORDER

COME NOW the parties, ____________________________________ and

__________________________________, both in Proper Person, and hereby stipulate and agree

that the hearing currently scheduled for ________________at _______________ .m. shall be

continued to the court’s next available date.

DATED this ____ day of ___________________, ________

(Plaintiff’s signature)

(Address)

(Telephone)

Plaintiff In Proper Person

DATED this ____ day of (month) __________, ________

(Defendant’s signature)

(Address)

(Telephone)

Defendant In Proper Person

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June 13, 2001 Use only most current version

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ACKNOWLEDGMENT

STATE OF NEVADA )

)ss:

COUNTY OF CLARK )

On this _______ day of _________________, ______, before me, the undersigned Notary

Public in and for the said County and State, personally appeared _________________________,

known to me to be the person described in and who executed the foregoing Stipulation and

Order, and who acknowledged to me that [ ] he/ [ ] she did so freely and voluntarily and for the

uses and purposes therein mentioned.

WITNESS my hand and official seal.

___________________________________

NOTARY PUBLIC

ACKNOWLEDGMENT

STATE OF NEVADA )

)ss:

COUNTY OF CLARK )

On this ___ day of ______________, ______, before me, the undersigned Notary Public

in and for the said County and State, personally appeared _______________________________

known to me to be the person described in and who executed the foregoing Stipulation and

Order, and who acknowledged to me that [ ] he/ [ ] she did so freely and voluntarily and for the

uses and purposes therein mentioned.

WITNESS my hand and official seal.

___________________________________

NOTARY PUBLIC

///

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June 13, 2001 Use only most current version

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ORDER

UPON A READING of the foregoing Stipulation of the parties and good cause appearing,

IT IS HEREBY ORDERED that the hearing presently scheduled for _______________

___________________ at _____________ .m. shall be continued to the ________ day of

_____________, __________ at the hour of _________ .m.

DATED this ________ day of __________________, __________.

_______________________________________

DISTRICT COURT JUDGE

Respectfully Submitted:

(Your signature)

[ ] Plaintiff/ [ ] Defendant In Proper Person

///

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©

Clark County Family Law Self-Help Center GENERAL.DOC\NOTICEEN.4OR.WPD

January 2, 2001 Use only most current version

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NEOJ

(Your name)

(Address)

(Telephone)

(Check one) [ ] Plaintiff/ [ ] Defendant In Proper Person

DISTRICT COURT

CLARK COUNTY, NEVADA

)

______________________________, ) CASE NO.: ____________

)

Plaintiff, ) DEPT. NO.: ____________

vs. )

)

______________________________, )

)

Defendant. )

____________________________________)

NOTICE OF ENTRY OF ORDER

TO: (Other party’s name) ____________________________________________;

(Check one) [ ] Plaintiff/ [ ] Defendant

TO: (Other party’s attorney) ____________________________________________;

(Check one) [ ] Plaintiff’s/ [ ] Defendant’s Attorney

PLEASE TAKE NOTICE that an Order was duly entered in the above-referenced case on

the (day) ________ day of (month) _____________________, (year) ____________.

DATED this (day)_______ day of (month)________________, (year)___________.

(Your signature) By:

[ ] Plaintiff/ [ ] Defendant In Proper Person

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©

Clark County Family Law Self-Help Center Certmail.3wp

January 2, 2001 Use only most current version

CERT

(Your name)

(Address)

(Telephone)

(Check one) [ ] Plaintiff/ [ ] Defendant In Proper Person

DISTRICT COURT

CLARK COUNTY, NEVADA

)

______________________________, ) CASE NO.: ____________

Plaintiff, )

vs. ) DEPT NO.: ____________

)

______________________________, )

Defendant. )

____________________________________)

CERTIFICATE OF MAILING

I HEREBY CERTIFY that service of the (name of document)________________________

was made on (date) ___________________ pursuant to NRCP 5(b) by depositing a copy of same in

the United States Mail in Las Vegas, Nevada, postage prepaid, addressed as follows:

(Other party’s name)

(Other party’s address)

(Address)

DATED this ________ day of __________________, (year)______________.

(Signature of person who mailed document)

(Name of person who mailed document)

SUBSCRIBED and SWORN to before

me this ______ day of

(month)_________________, (year)___________.

___________________________________

NOTARY PUBLIC

New Policy at the Clerk’s

Office

bring a blank 10X13 envelope when you file your

documents. The clerk will mail your documents to you

after they are reviewed by the judge. The clerk’s office

will pay the postage.

January 1, 2007 (#2, 3, 22-25, 33-36, 44-47, 76-78, 83-85)

Please call the Self-Help Center to confirm most current version.

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AFRM

(Your name) _______________________________

(Address) _______________________________

_______________________________

(Telephone) _______________________________

In Proper Person

DISTRICT COURT

CLARK COUNTY, NEVADA

)

______________________________, ) CASE NO.: ________________

Plaintiff, )

vs. ) DEPT. NO.: ________________

)

______________________________, )

Defendant. )

____________________________________)

AFFIRMATION –DECREE OR ORDER

Pursuant to NRS 239.030

The undersigned does hereby affirm that the following documents do not contain the

social security number of any person: (check the documents being filed at this time)

Decrees

G Default G Decree

G Affidavit of Resident Witness G Request for Summary Disposition

G Certificate of Mailing G Notice of Entry

G Affidavit in Support of Request for Summary Disposition

G Other ______________________________________________________________________

Orders

G Default G Order G Stipulation and Order

G Notice of Entry G Certificate of Mailing

G Other ______________________________________________________________________

The undersigned does hereby affirm that the following documents contain the social

security number of a person as required by state or federal law or for the administration of a

public program or for an application for a federal or state grant: (check the documents being

filed at this time)

G Child Support and Welfare Party Identification Sheet

G Other (name of document) _____________________________________________________

(your signature)____________________________ (date) _____________

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