If an answer is made, which raises a question as to matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation of which the application for a writ is based, the court may, in its discretion, order the question to be tried before a jury, and postpone the argument until such trial can be had and the verdict certified to the court. The question to be tried shall be distinctly stated in the order for trial, and the county shall be designated in which the same shall be had. The order may also direct the jury to assess any damages which the applicant may have sustained, in case they find for the applicant.
NRS 34.220
If answer raises essential question of fact, court may order jury trial
Applied in 2 court decisions — leading case Goldman v. Bryan (1990)
Most recently applied in Chittenden v. Just. Ct. of Pahrump Twp. (January 2024)
[1911 CPA § 758; RL § 5700; NCL § 9247]
Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.