Nevada Revised Statutes 37.085 – Hearing after defendant’s default: Determination of value and damages by court; judgment
1. Where any defendant has failed to:
Terms Used In Nevada Revised Statutes 37.085
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Judgment: means the judgment determining the right to condemn property and fixing the amount of compensation to be paid by the plaintiff. See Nevada Revised Statutes 37.009
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Value: means the highest price, on the date of valuation, that would be agreed to by a seller, who is willing to sell on the open market and has reasonable time to find a purchaser, and a buyer, who is ready, willing and able to buy, if both the seller and the buyer had full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. See Nevada Revised Statutes 37.009
(a) Answer within the time allowed, and the clerk has entered the defendant’s default; or
(b) Appear at the time set for trial, whether such trial be before the court with or without a jury, and the court has directed that the defendant’s default be entered, the court shall proceed to conduct a hearing to determine the value of the property and any damages.
2. For the purpose of the hearing required by this section, the court may consider, by affidavit or otherwise:
(a) Proof of the value of the property taken;
(b) The damages, if any, which may result from the condemnation; and
(c) The amount, if any, alleged in the complaint to be just compensation, and shall enter such judgment as it deems proper.