When the application to the court or district judge is made without notice to the adverse party, and the writ is allowed, the alternative shall be first issued; but if the application be upon due notice, and the writ is allowed, the peremptory may be issued in the first instance. The notice of the application, when given, shall be at least 10 days. The writ shall not be granted by default. The case shall be heard by the court, whether the adverse party appear or not.
NRS 34.200
Issuance of alternative or peremptory writ; notice of application; case heard by court whether adverse party appears or not
Applied in 5 court decisions — leading case Gulbranson v. City of Sparks (1973)
Most recently applied in 142 Nev. Adv. Op. No. 13 - CITY OF RENO v. DIST. CT. (CONRAD) (CIVIL) (February 2026)
[1911 CPA § 756; RL § 5698; NCL § 9245]
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.