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WRIT OF MANDAMUS: I am filing a Writ of Mandamus from an interlocutory order of Family court within 30 days from the date of the entry of order. Since it is a child custody matter, just in case the supreme court of Nevada doesn't rule on the writ, will it be automatically assigned to the court of appeals or will I have to file a separate notice of appeal ?

Asked 13 days ago in Appeals

Sheri Ann’s answer: Nevada Supreme Court has a "push down" method. You cannot appeal directly to the Court of Appeals and you do not need to file a second Petition/Notice of Appeal. The Nevada Rules of Appellate Procedure Rule 17 dictate which cases the Supreme Court will handle and which cases the Court will "push down" to the Court of Appeals. All family law matters EXCEPT the termination of parental rights, are presumptively handled by the Court of Appeals.

You should familiarize yourself with NRAP 17 and NRAP 21 to understand what your Petition for Writ of Mandamus/Prohibition should contain and how these cases are assigned to the Nevada Court of Appeals.

Answered 12 days ago.


Which court has jurisdiction over a motion to strike notice of appeal?: I am a Pro Se Plaintiff and won a small claims judgment against a Nevada corporation. The defendant filed a notice of appeal to take the case out of justice court up to district court. However, this notice was not filed timely and I intend to move to strike it. Which court has jurisdiction over this action?

Asked 3 months ago in Appeals

Sheri Ann’s answer: Once a notice of appeal is filed, the lower court ceases to have jurisdiction and a motion to dismiss for lack of jurisdiction (I.e., untimely notice of appeal) must be filed in the appellate court.

Answered 3 months ago.


Is it legal when a process server enters an open garage to serve someone who is NOT who they think they are.: A process server entered my garage when I opened it to serve me for papers claiming I was married to the defendant and that the defendant lived in my house. Both WRONG. I am not married to the defendant nor do they live in my house, but they served me and refused to accept who I was saying I was. While videoing the process and my license plate. Because I refused the papers, they placed them on my car and said I was served. I asked several times for them to leave, which they refused and said they were NOT trespassing! Again I corrected them as to who I was but they insisted otherwise. What are my legal rights? It was a very frightening experience at 5:30 am having someone jump out of a car and run into your garage.

Asked 3 months ago in Litigation

Sheri Ann’s answer: Are you saying that you never had any dealings with the plaintiff (you said defendant, but if a complaint was served on you, it would have been served by a plaintiff), or are you disputing whether your relationship with the plaintiff was a marriage? If you do not know the plaintiff at all and this truly is a case of mistaken identity, you are likely okay just ignoring the papers. However, a call to the attorney to straighten it out would ensure you do not end up with an erroneous default judgment against you.
If you do know the plaintiff and you are disputing the allegations you were married, then you need to contact an attorney immediately.

Answered 3 months ago.