Fillable Form 1: MOT Self-Represented EIGHTH JUDICIAL DISTRICT COURT (Family Law Self Help Center)

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Form 1: MOT Self-Represented EIGHTH JUDICIAL DISTRICT COURT (Family Law Self Help Center)

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MOT
(Your Name) ____________________
(Address)_______________________
_______________________________
(Telephone) _____________________
(Email Address)__________________
Self-Represented
EIGHTH JUDICIAL DISTRICT COURT
CLARK COUNTY, NEVADA
FAMILY DIVISION
_______________________
Plaintiff, CASE NO.:
DEPT NO.:
VS
DATE OF HEARING:
______________________ TIME OF HEARING:
Defendant,
Oral Argument Requested: __No __YES
MOTION FOR STAY OF PROCEEDINGS
(AS AUTHORIZED UNDER §50 App. U.S.C.A. 501 et. seq.)
COMES NOW (check one) □ Plaintiff/□ Defendant (your name)
______________________________, in Proper Person, and moves this Honorable
Court for a Stay of Proceedings for at least 90 days so that Movant can obtain legal
counsel or otherwise arrange to participate meaningful in the proceeding.
NOTICE OF MOTION
TO: Opposing Party or Party’s Attorney, if one, ___________________________; and
TO: District Attorney – Family Support Division, if applicable.
This is a motion for a 90 STAY as authorized under §50 App. U.S.C.A. 501 et. Seq.
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PLEASE TAKE NOTICE that a hearing on the attached motion for relief will be
held before the Eighth Judicial District Court –Family Division located at: (.. check one)
____The Family Courts and Services Center, 601 N. Pecos Road Las Vegas, Nevada
89101
____The Regional Justice Center, 200 Lewis Avenue Las Vegas, Nevada 89101
____ The Child Support Center of Southern Nevada, 1900 E. Flamingo Road # 100
Las Vegas, Nevada 89119
Notice: You are required to file a written response to this motion with the Clerk of
the Court within ten (10) days of receipt and to serve a copy of the filed response
on the other party. Failure to do so may result in the requested relief being
granted by the Court without hearing prior to the scheduled hearing.
FACTS AND LEGAL ARGUMENT:
Movant understands that a Motion _______________________________ has
been filed and that a response is required from him/her. As Movant is an active
military service member and not available to immediately participate in said
proceeding he respectfully requests a stay.
(Insert additional information regarding your active status:
Movant has attached a copy of: 1. Documentation stating the manner in which
current active duty requirements materially affect the service member’s ability to
appear, with a date when the service member may be able to appear (ex. Duty
Papers); and 2. A letter from the service member's commanding officer stating the
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service member’s current active duty prevents the appearance and military leave is
not authorized at the time of the letter.
Federal law expressly provides for a stay of proceeding if the servicemember
provides the Court with a request for a stay along with the documentation set forth
above:
(§50 App. U.S.C.A. 501 et. seq.)
GENERAL RELIEF:
A. Stay of Proceedings
• In which the service member is a defendant.
• For a minimum of 90 days if the court determines there may be a defense
to the action and the defense cannot be presented without the presence of
the defendant, and after due diligence, counsel has been unable to contact
the defendant or otherwise determine a meritorious defense exists.
• If the defendant is, at the time of filing, on active duty, or within 90 days
of termination of active duty, at any stage before final judgment, the court
may on its own motion, and application of the service member, stay the
action for not less than 90 days if:
1. Documentation stating the manner in which current active duty
requirements materially affect the service member’s ability to
appear, with a date when the service member may be able to
appear;
2. A letter from the service member’s commanding officer stating
the service member’s current active duty prevents the appearance
and military leave is not authorized at the time of the letter.
II. AN EXTENSION OF TIME SHOULD BE GRANTED IF TIME TO RESPOND
HAS EXPIRED
Movant also requests that if the time has run to file a response, that he have an
extension of time (EDCR 2.25). Movant is on active duty and unable to respond to the
papers served on him in a timely fashion.
III. IF A DEFAULT HAS BEEN ENTERED IT SHOULD BE SET ASIDE
Movant also requests that if a default has been entered against him that it be set aside
based upon his active duty status and his prompt request for a stay.
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CONCLUSION:
Movant is an active service member with the military whose active duty
prevents his appearance in a calendared matter. He has provided the Court with
documentation as to his active duty status and a letter from his commanding officer
that his current active duty prevents his appearance. He respectfully and pursuant to
§50 App. U.S.C.A. 501 et. seq. requests a 90 day stay of the proceeding so that he
can either obtain counsel or make arrangements to meaningfully participate in the
proceeding.
DATED this (day) ______day of (month) ______________, (year) ______.
Submitted By:________________________________
(Your Signature)
DECLARATION UNDER PENALTY OF PERJURY:
I, (Insert your name )________________________________, declare the following
facts to be true under penalty of perjury:
1. I am an active member of the United States Military;
2. I have been served with some form of litigation that I have to respond to but can
not do so because of my active duty status (ex. A motion for custody; A
Complaint to Establish Custody and Child Support; or a Civil Matter in the
District Court ).
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3. I have attached as exhibits documents that satisfy subsections (1) and (2) of
the SCRA.
4. I am asking that all matters be stayed for 90 days to allow me to either obtain
counsel or make arrangements to participate in the litigation in a meaningful
way. If I need more than 90 days I will file another motion to explain to the
Court why I require more time. I understand that under the SCRA I may apply
for an additional stay past the 90 days by again meeting the requirements of (1)
and (2) of the SCRA.
5. I ___ have/___ have not brought this matter on an Order Shortening Time; I am
asking the Court to hear my Motion for a Stay prior to the underlying litigation
being heard; or alternatively; before the time by which I am required to file a
response to any papers has run. If said time has run, I am asking that the time
be expanded (EDCR 2.25) so that a default is not entered. If a default has been
entered, I am asking that it be set aside.
Dated this ___________ day of ___________________ 20____.
Submitted By:________________________________
(Print your name)
_________________________________
(Your Signature)
(Attach your documents to satisfy (1) and (2) of the SCRA to this Motion before filing
it. )
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Form 1: MOT Self-Represented EIGHTH JUDICIAL DISTRICT COURT (Family Law Self Help Center)

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Completed 9 February 2021

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