I have a small claims action trial coming up next month, we tried mediation twice but no agreement, defendant did a motion for summary judgment this past Friday, did not receive in mail yet. However, under NV law for Justice Court Rules of Civil Procedure, this falls under Rule 56 only. Also, in same set of laws, there are three type of civil actions under Rule 2, and small claims is the second type of civil action. Only rules beginning with Rules 88-100 apply to small claims actions. I've done my research, preparation, etc. extensively for my case, and know they are just trying to delay and get out of not paying me. Self-representing right now. When I get the motion, should I just ignore it or file the opposition motion to summary judgment with this as my only argument or fill out the opposition with this argument and all other counter-arguments to their arguments? I have already started to read the instructions for the opposition motion to summary judgment. The small claims forms in Las Vegas justice court website does not even have these 2 motion forms available, it's only under Civil Action category.
Answer
In Nevada, a Small Claims matter should be tried, rather than disposed of by motion, because formal rules of pleading, pretrial discovery and taking evidence are dispensed with. You are on the right track citing NJCRCP Rule 2, because summary judgment is only available in a Justice Court civil action.
Your attorney can explain further.
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