It may take a while until your case is finished and the judge enters all the final orders. If there are some issues that you would like the judge to sort out while you are waiting for the final order (such as custody, child support, DNA tests, alimony, and who will live in the house), you can find information on this page about how to get temporary orders in place, and how to respond to a motion for temporary orders filed against you.
What is a "Motion" and an "Opposition?"
A “motion” is a written request that asks the judge to enter certain orders. It is more detailed than the initial paperwork filed in the case. A motion tells the judge what the person wants the judge to order and why. Either the Plaintiff or the Defendant can file a motion.
After a motion is filed and served on the other party, the other party can file a written “opposition” if he or she disagrees with the other party’s requests. The opposition can include a "countermotion" that tells the judge what that party would like the judge to order and why.
In Nevada, these issues are usually decided by the judge based only on your papers. You will probably not have a hearing. However, you can ask your local Clerk of Court if there is a way that you can request a hearing in front of the judge to talk about the issues in your motion or opposition.
Common Issues Decided in Motions for Temporary Orders
A motion for temporary orders can include just about any issue that you and the other party need the judge to decide while you wait on a final order. The most common issues raised in motions for temporary orders include:
- Paternity: The judge can order a DNA test if the parties are not sure or disagree about who is the father of a child.
- Temporary Child Custody and Visitation: The judge can put a temporary custody and visitation schedule in place so you and the other party know when the children should be with each parent.
- Temporary Child Support: A judge can set temporary child support based on the temporary custody and visitation schedule.
- Temporary Spousal Support (Alimony): If you are married and one spouse needs financial help, the other spouse might be ordered to pay temporary alimony.
- Temporary Exclusive Possession of the House: If you are married and unable to live together, a judge can decide which spouse should temporarily live in the house.
Any orders issued by the judge are temporary and are meant to provide some guidance while the case is going forward. The final orders are not decided until you and the other party settle the case, or the judge decides the issues at trial.
How to File or Respond to a Motion
Follow these steps if you would like to file a motion or if you need to respond to a motion that the other party filed:
This paperwork is only for people who already have a case filed with the court. If you do not, please go to the home page and select the kind of issue you have to find out how to begin your case.
Step 1: Complete the Paperwork
To get a motion (or opposition) filed, you will have to file a motion (or opposition) and probably a financial disclosure form. Each of the forms and explanations are below.
The Financial Disclosure Form
This form is required if you or the other party are asking for any financial orders. Financial orders include: child support, spousal support, exclusive possession of the house, or anything else that has to do with finances. You must attach your three most recent paystubs to this form.
The Motion / Opposition
FYI!If you are making the initial request to have some issues decided, fill out the “Motion.” If you received a motion from the other party and want to respond, fill out the “Opposition.”
Temporary Orders: The following motion and opposition may be used by parents and/or spouses who want temporary orders regarding custody, visitation, child support, spousal support, and/or possession of the home. You can also use it to ask for a DNA test. Check "not applicable" for any of the issues that do not apply to your situation.
Permission to Relocate with a Child: If you need the court's permission to move out of Nevada or to a place inside Nevada that is fairly far away from the other parent, you can file a Motion for Permission to Relocate instead of the above motions.
Step 2: File the Paperwork
After you fill out the papers above, you will need to file them with the same district court where your case was filed. Visit Find My Court if you are not sure where to find the district court.
The court will charge you a filing fee to file your papers. The fee is different in every county. Find out from the court what the filing fee will be.
If you cannot afford the filing fee, please see Filing Fees and Waivers to find out how to ask the court to waive the fee.
Step 3: Serve the Other Party
THIS STEP IS VERY IMPORTANT! If you do not follow this step properly, the judge may deny your motion! Be sure to read and follow the instructions here to make sure the other party is properly served with your papers. It is up to YOU to serve the documents; the court does not serve the documents for you.
All of the documents you filed must be served on the other party, or, if the other party is represented by an attorney, the documents must be served on the attorney. This is to make sure the other party knows about your request and has a chance to respond to your papers.
How to Serve the Papers:
You must send the documents through the U.S. Mail (you can send them by regular mail, there is no need to send them by certified mail).
Once you serve the documents, you must fill out a Certificate of Mailing that states when, where, and how you served the documents. File the Certificate of Mailing with the court.
You can find answers to common questions about service on the Frequently Asked Questions: Service page.
Step 4: Wait for a Decision
The judge will give the other party some time to file a response. If you filed the original motion, and the other party filed an opposition that you would like to respond to, you can file a "Reply to Opposition" if there are issues raised that you want to address.
Once your reply is filed (or the time for the other party to file an opposition has passed), you need to let the judge know the case is ready for review. You do this by filling out a "Request for Submission," which lets the judge know it is time to review the papers and make a decision. Fill out the form at file it at the court.
The judge will then read through the paperwork submitted by both parties. The judge may set a hearing if the judge feels it would be helpful to ask the parties some questions in person.
The judge will make a decision about the issues raised in the motion, opposition, and reply. You will receive an "order" that outlines everything the judge decided. Remember, these orders are usually temporary and are meant to provide guidance to the parties while the case is working its way to a final result.
Obey the terms of the order. If you do not, you could be held in contempt for refusing to comply.