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EX PARTE PETITION FOR DUMMIES 101
Duration: 0:38
Views: 34
Submitted: 3 weeks ago
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Description:
[It will be available for California as well, but only on Sicario.social which is not available in USA] Even MyVideoTime.com is no longer available in USA, all IP’s from United States get redirected to PornHub.com! Since I don’t comment in detail on ongoing litigation, I redrafted this to be for Nevada.. 100% legit!
Mine is for California so due to the fact that I don’t reveal extreme details of ongoing legal matters, I redrafted it for Nevada State, so here you go….
That way you could legally compel them to allow you to view your mothers body, because it is extremely suspicious that they would not be allowing it as it is a common practice in every country in the fuckin World..
DISTRICT COURT OF THE STATE OF NEVADA
___________________ COUNTY
In re the Matter of the Remains of:
___________________, Decedent.
Case No.: _______________
EX PARTE PETITION FOR EMERGENCY TEMPORARY RESTRAINING ORDER
(To Compel Viewing of Decedent's Remains and Enjoin Cremation)
[PETITIONER]: ___________________
[RESPONDENTS]: ___________________; ___________________
PETITION
Petitioner, ___________________, respectfully petitions this Court for emergency
injunctive relief in the form of a Temporary Restraining Order pursuant to NRCP 65
and NRS 33.010, and an Order to Show Cause why a preliminary injunction should not
issue, compelling Respondent ___________________ to permit Petitioner to view the
remains of ___________________ in person and enjoining any cremation of the remains
until such viewing occurs.
DECLARATION OF ___________________
I, ___________________, declare under penalty of perjury under the laws of the
State of Nevada that the following is true and correct:
I. INTRODUCTION AND FACTS
1. I am the surviving adult child of ___________________, who passed away on
____, ____, 2026.
2. The remains of ___________________ are currently in the custody of Respondent
___________________.
3. On ______ 2026, my sibling, Respondent ___________________, arranged for
Respondent ___________________ to transport the remains to their facility and
signed a contract authorizing cremation.
4. I am a surviving competent adult child of the decedent. Under NRS 451.650(3),
the right to control the disposition of the remains of a deceased person vests
in the majority of the surviving competent adult children. As there are only two
surviving adult children (myself and Respondent ___________________) and I do
not consent, no majority has authorized cremation.
5. I have formally and unequivocally objected to the cremation of the remains.
Respondent ___________________ does not have my consent to proceed with cremation.
6. On August 6, 2026, I contacted Respondent ___________________ and spoke with
their representative, ___________________, who stated that I, as a child of the
decedent, am not permitted to view the remains at their facility.
7. This statement is legally false. No Nevada statute prohibits a child from
viewing a deceased parent's remains, and the refusal is inconsistent with the
rights granted to me under Nevada law.
8. Nevada Administrative Code (NAC) 642.090 provides that a funeral director may
allow the family of a deceased person to view the preparation of the remains if
the funeral director determines it is appropriate. Respondent ___________________
has refused my request without any reasonable basis, despite my position as a
person with a statutory right to control disposition.
9. I have demanded to view the remains in person at the facility of Respondent
___________________. As of the date of this filing, Respondent ___________________
has failed and refused to grant me that right.
10. The refusal of Respondent ___________________ to permit me to view the remains
has caused me severe emotional distress, anguish, grief, anxiety, and suffering.
II. IRREPARABLE HARM
1. If Respondent ___________________ proceeds with cremation before I have had the
opportunity to view the remains, I will suffer irreparable harm that cannot be
adequately compensated by money damages. The opportunity to view one's deceased
parent for the last time is unique, sacred, and irreplaceable. Once cremation
occurs, this opportunity is permanently and irrevocably lost.
2. The common law has long recognized that the next of kin possess a quasi-property
right in the body of a deceased person for purposes of burial or other lawful
disposition. Restatement (Second) of Torts section 868; see also Hernandez v.
City of Las Vegas, 2017 U.S. Dist. LEXIS 142913, at *9-10 (D. Nev. 2017)
(predicting that the Nevada Supreme Court would adopt a cause of action for the
negligent mishandling of a corpse, recognizing the quasi-property right and the
emotional harm caused by interference with that right). That quasi-property right
necessarily includes the right to take a final viewing of the remains.
3. The emotional distress caused by the permanent denial of that final opportunity
constitutes irreparable harm. A money judgment cannot restore the lost moment or
compensate for the lifetime of grief that such a denial would inflict.
III. LIKELIHOOD OF SUCCESS ON THE MERITS
1. I have a substantial likelihood of success on the merits of my claim that
Respondent ___________________ has unlawfully deprived me of my right to view
the remains of my parent.
2. NRS 451.650(3) grants me, as a surviving competent adult child, the right to
control the disposition of the remains. NRS 451.660 provides that when there is
more than one person in the same priority class, the right vests in the majority.
Because I have objected and there is no majority in favor of cremation, the
contractual authorization obtained by Respondent ___________________ is invalid
and may not be used to deny my right to view the remains.
3. NAC 642.090(2) expressly permits a funeral director to allow the family of a
deceased person to view the remains. While the regulation uses permissive language,
the refusal to allow such viewing when demanded by a person with the statutory
right of disposition, absent any legitimate health or safety justification, is
arbitrary and inconsistent with the duties owed to the next of kin.
4. Nevada courts have the equitable power to protect the quasi-property rights of
next of kin in a decedent's remains. The right to a final viewing is a fundamental
component of the right to control disposition. The blanket refusal by Respondent
___________________ to permit me, as an adult child, to see my parent's remains
has no support in any statute or regulation and is an unreasonable interference
with my rights.
5. Given the clear statutory right of control and the absence of any law prohibiting
a child from viewing a parent's remains, I am likely to prevail on the merits and
obtain the requested injunctive relief.
IV. BALANCE OF HARDSHIPS
1. The balance of hardships tips sharply in my favor. Granting the requested relief
would simply require Respondent ___________________ to allow me to view the
remains -- a routine, standard industry practice. Any burden on Respondent
___________________ is minimal and can be scheduled at a mutually convenient
time within 24 hours.
2. Denying the requested relief would result in the permanent, irreversible loss
of my only opportunity to see my parent for the last time, causing profound
emotional harm that can never be undone.
3. A brief delay in cremation to permit a viewing imposes no meaningful hardship
on Respondent ___________________ or Respondent ___________________. The
remains are properly refrigerated, and a viewing can be conducted safely and
promptly.
V. PUBLIC INTEREST
The public interest strongly favors protecting the rights of next of kin to view
and pay final respects to their deceased loved ones. Allowing a funeral establishment
to arbitrarily deny an adult child the right to view a parent's remains would
undermine public confidence in the funeral industry, disregard fundamental family
values, and erode the statutory protections afforded to surviving family members
under NRS Chapter 451.
VI. REQUEST FOR RELIEF
WHEREFORE, Petitioner respectfully requests that this Court:
A. Issue a Temporary Restraining Order pursuant to NRCP 65 and NRS 33.010:
1. Compelling Respondent ___________________ to permit Petitioner to view the
remains of ___________________ in person at their facility within 24 hours
of service of this order;
2. Enjoining Respondent ___________________ and Respondent ___________________
from proceeding with any cremation, burial, or other disposition of the
decedent's remains until Petitioner has had the opportunity to view the
remains;
3. Ordering Respondent ___________________ to preserve the decedent's remains
in their current state pending further order of this Court.
B. Issue an Order to Show Cause why a preliminary injunction should not issue on
the same terms;
C. Award Petitioner such other and further relief as the Court deems just and proper.
VERIFICATION
I, ___________________, declare under penalty of perjury under the laws of the
State of Nevada that the foregoing is true and correct to the best of my knowledge
and belief.
Executed on August 7, 2026, at ___________________, Nevada.
________________________________________
Petitioner, In Pro Per
[YOUR Fuckin Address]
[Your Phone Number]
[Email Address]
And this as separate document biatch!
PROPOSED ORDER
(Attach as separate document)
DISTRICT COURT OF THE STATE OF NEVADA
___________________ COUNTY
In re the Matter of the Remains of:
___________________, Decedent.
Case No.: _______________
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE
The Court, having considered the Ex Parte Petition for Emergency Temporary
Restraining Order filed by Petitioner ___________________, and good cause
appearing therefrom,
IT IS HEREBY ORDERED that:
1. Respondent ___________________ shall permit Petitioner ___________________ to
view the remains of ___________________ in person at their facility within 24
hours of service of this order;
2. Respondent ___________________ and Respondent ___________________ are hereby
ENJOINED AND RESTRAINED from cremating, burying, or otherwise disposing of the
remains of ___________________ until Petitioner has had the opportunity to view
the remains;
3. Respondent ___________________ shall preserve the remains of ___________________
in their current refrigerated state pending further order of this Court;
4. This Temporary Restraining Order shall remain in effect until ___________________,
2026, or until further order of this Court;
5. Respondent ___________________ is ordered to show cause before this Court on
___________________, 2026, at _______ a.m./p.m., in Department _______, why a
preliminary injunction should not issue on the same terms.
IT IS SO ORDERED.
Dated: ___________________
________________________________________
DISTRICT COURT JUDGE
And now, pay attention BITCH!
INSTRUCTIONS FOR FILING
Step 1: Go to the District Court clerk's office in the Nevada county where the
remains are located.
Step 2: Ask for the "Ex Parte" / emergency filing window and inform the clerk
you are filing an Emergency Petition for a Temporary Restraining Order.
Step 3: File the Petition, your Declaration, and the Proposed Order. Bring at
least 3 copies -- one for the court, one for the Respondent funeral home,
and one for your records.
Step 4: The judge will generally review your papers the same day if you file
early enough. Be prepared to wait and to briefly explain your situation if
the judge has questions.
Step 5: If granted, you must serve the signed Order on all Respondents immediately
(by personal delivery, email, or fax as the court directs) and file a proof
of service.
LEGAL AUTHORITIES I CITED
NRS 451.650
- Priority of right to control disposition of remains (surviving adult children)
NRS 451.660
- Majority of surviving adult children exercises the right; no majority if objection
NAC 642.090(2)
- Funeral director may permit family to view remains
NRCP 65
- Temporary restraining orders and preliminary injunctions
NRS 33.010
- Authority for injunctive relief
Restatement (Second) of Torts section 868
- Quasi-property right in decedent's remains
Hernandez v. City of Las Vegas, 2017 U.S. Dist. LEXIS 142913 (D. Nev. 2017)
- Federal court predicting Nevada law recognizes tort for mishandling of remains
and quasi-property right
IMPORTANT: I adapted my draft for Nevada law for informational purposes only. It does not constitute legal advice! I am NOT. A fuckin lawyer! American Court procedures vary by county and judicial department same as any other country in the World! You are strongly encouraged to consult with a licensed Nevada attorney before filing but my review of Nevada Statutes in regards to this legal matter is laser precise as I exercised due diligence same as I did with California Law analysis…
Mine is for California so due to the fact that I don’t reveal extreme details of ongoing legal matters, I redrafted it for Nevada State, so here you go….
That way you could legally compel them to allow you to view your mothers body, because it is extremely suspicious that they would not be allowing it as it is a common practice in every country in the fuckin World..
DISTRICT COURT OF THE STATE OF NEVADA
___________________ COUNTY
In re the Matter of the Remains of:
___________________, Decedent.
Case No.: _______________
EX PARTE PETITION FOR EMERGENCY TEMPORARY RESTRAINING ORDER
(To Compel Viewing of Decedent's Remains and Enjoin Cremation)
[PETITIONER]: ___________________
[RESPONDENTS]: ___________________; ___________________
PETITION
Petitioner, ___________________, respectfully petitions this Court for emergency
injunctive relief in the form of a Temporary Restraining Order pursuant to NRCP 65
and NRS 33.010, and an Order to Show Cause why a preliminary injunction should not
issue, compelling Respondent ___________________ to permit Petitioner to view the
remains of ___________________ in person and enjoining any cremation of the remains
until such viewing occurs.
DECLARATION OF ___________________
I, ___________________, declare under penalty of perjury under the laws of the
State of Nevada that the following is true and correct:
I. INTRODUCTION AND FACTS
1. I am the surviving adult child of ___________________, who passed away on
____, ____, 2026.
2. The remains of ___________________ are currently in the custody of Respondent
___________________.
3. On ______ 2026, my sibling, Respondent ___________________, arranged for
Respondent ___________________ to transport the remains to their facility and
signed a contract authorizing cremation.
4. I am a surviving competent adult child of the decedent. Under NRS 451.650(3),
the right to control the disposition of the remains of a deceased person vests
in the majority of the surviving competent adult children. As there are only two
surviving adult children (myself and Respondent ___________________) and I do
not consent, no majority has authorized cremation.
5. I have formally and unequivocally objected to the cremation of the remains.
Respondent ___________________ does not have my consent to proceed with cremation.
6. On August 6, 2026, I contacted Respondent ___________________ and spoke with
their representative, ___________________, who stated that I, as a child of the
decedent, am not permitted to view the remains at their facility.
7. This statement is legally false. No Nevada statute prohibits a child from
viewing a deceased parent's remains, and the refusal is inconsistent with the
rights granted to me under Nevada law.
8. Nevada Administrative Code (NAC) 642.090 provides that a funeral director may
allow the family of a deceased person to view the preparation of the remains if
the funeral director determines it is appropriate. Respondent ___________________
has refused my request without any reasonable basis, despite my position as a
person with a statutory right to control disposition.
9. I have demanded to view the remains in person at the facility of Respondent
___________________. As of the date of this filing, Respondent ___________________
has failed and refused to grant me that right.
10. The refusal of Respondent ___________________ to permit me to view the remains
has caused me severe emotional distress, anguish, grief, anxiety, and suffering.
II. IRREPARABLE HARM
1. If Respondent ___________________ proceeds with cremation before I have had the
opportunity to view the remains, I will suffer irreparable harm that cannot be
adequately compensated by money damages. The opportunity to view one's deceased
parent for the last time is unique, sacred, and irreplaceable. Once cremation
occurs, this opportunity is permanently and irrevocably lost.
2. The common law has long recognized that the next of kin possess a quasi-property
right in the body of a deceased person for purposes of burial or other lawful
disposition. Restatement (Second) of Torts section 868; see also Hernandez v.
City of Las Vegas, 2017 U.S. Dist. LEXIS 142913, at *9-10 (D. Nev. 2017)
(predicting that the Nevada Supreme Court would adopt a cause of action for the
negligent mishandling of a corpse, recognizing the quasi-property right and the
emotional harm caused by interference with that right). That quasi-property right
necessarily includes the right to take a final viewing of the remains.
3. The emotional distress caused by the permanent denial of that final opportunity
constitutes irreparable harm. A money judgment cannot restore the lost moment or
compensate for the lifetime of grief that such a denial would inflict.
III. LIKELIHOOD OF SUCCESS ON THE MERITS
1. I have a substantial likelihood of success on the merits of my claim that
Respondent ___________________ has unlawfully deprived me of my right to view
the remains of my parent.
2. NRS 451.650(3) grants me, as a surviving competent adult child, the right to
control the disposition of the remains. NRS 451.660 provides that when there is
more than one person in the same priority class, the right vests in the majority.
Because I have objected and there is no majority in favor of cremation, the
contractual authorization obtained by Respondent ___________________ is invalid
and may not be used to deny my right to view the remains.
3. NAC 642.090(2) expressly permits a funeral director to allow the family of a
deceased person to view the remains. While the regulation uses permissive language,
the refusal to allow such viewing when demanded by a person with the statutory
right of disposition, absent any legitimate health or safety justification, is
arbitrary and inconsistent with the duties owed to the next of kin.
4. Nevada courts have the equitable power to protect the quasi-property rights of
next of kin in a decedent's remains. The right to a final viewing is a fundamental
component of the right to control disposition. The blanket refusal by Respondent
___________________ to permit me, as an adult child, to see my parent's remains
has no support in any statute or regulation and is an unreasonable interference
with my rights.
5. Given the clear statutory right of control and the absence of any law prohibiting
a child from viewing a parent's remains, I am likely to prevail on the merits and
obtain the requested injunctive relief.
IV. BALANCE OF HARDSHIPS
1. The balance of hardships tips sharply in my favor. Granting the requested relief
would simply require Respondent ___________________ to allow me to view the
remains -- a routine, standard industry practice. Any burden on Respondent
___________________ is minimal and can be scheduled at a mutually convenient
time within 24 hours.
2. Denying the requested relief would result in the permanent, irreversible loss
of my only opportunity to see my parent for the last time, causing profound
emotional harm that can never be undone.
3. A brief delay in cremation to permit a viewing imposes no meaningful hardship
on Respondent ___________________ or Respondent ___________________. The
remains are properly refrigerated, and a viewing can be conducted safely and
promptly.
V. PUBLIC INTEREST
The public interest strongly favors protecting the rights of next of kin to view
and pay final respects to their deceased loved ones. Allowing a funeral establishment
to arbitrarily deny an adult child the right to view a parent's remains would
undermine public confidence in the funeral industry, disregard fundamental family
values, and erode the statutory protections afforded to surviving family members
under NRS Chapter 451.
VI. REQUEST FOR RELIEF
WHEREFORE, Petitioner respectfully requests that this Court:
A. Issue a Temporary Restraining Order pursuant to NRCP 65 and NRS 33.010:
1. Compelling Respondent ___________________ to permit Petitioner to view the
remains of ___________________ in person at their facility within 24 hours
of service of this order;
2. Enjoining Respondent ___________________ and Respondent ___________________
from proceeding with any cremation, burial, or other disposition of the
decedent's remains until Petitioner has had the opportunity to view the
remains;
3. Ordering Respondent ___________________ to preserve the decedent's remains
in their current state pending further order of this Court.
B. Issue an Order to Show Cause why a preliminary injunction should not issue on
the same terms;
C. Award Petitioner such other and further relief as the Court deems just and proper.
VERIFICATION
I, ___________________, declare under penalty of perjury under the laws of the
State of Nevada that the foregoing is true and correct to the best of my knowledge
and belief.
Executed on August 7, 2026, at ___________________, Nevada.
________________________________________
Petitioner, In Pro Per
[YOUR Fuckin Address]
[Your Phone Number]
[Email Address]
And this as separate document biatch!
PROPOSED ORDER
(Attach as separate document)
DISTRICT COURT OF THE STATE OF NEVADA
___________________ COUNTY
In re the Matter of the Remains of:
___________________, Decedent.
Case No.: _______________
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE
The Court, having considered the Ex Parte Petition for Emergency Temporary
Restraining Order filed by Petitioner ___________________, and good cause
appearing therefrom,
IT IS HEREBY ORDERED that:
1. Respondent ___________________ shall permit Petitioner ___________________ to
view the remains of ___________________ in person at their facility within 24
hours of service of this order;
2. Respondent ___________________ and Respondent ___________________ are hereby
ENJOINED AND RESTRAINED from cremating, burying, or otherwise disposing of the
remains of ___________________ until Petitioner has had the opportunity to view
the remains;
3. Respondent ___________________ shall preserve the remains of ___________________
in their current refrigerated state pending further order of this Court;
4. This Temporary Restraining Order shall remain in effect until ___________________,
2026, or until further order of this Court;
5. Respondent ___________________ is ordered to show cause before this Court on
___________________, 2026, at _______ a.m./p.m., in Department _______, why a
preliminary injunction should not issue on the same terms.
IT IS SO ORDERED.
Dated: ___________________
________________________________________
DISTRICT COURT JUDGE
And now, pay attention BITCH!
INSTRUCTIONS FOR FILING
Step 1: Go to the District Court clerk's office in the Nevada county where the
remains are located.
Step 2: Ask for the "Ex Parte" / emergency filing window and inform the clerk
you are filing an Emergency Petition for a Temporary Restraining Order.
Step 3: File the Petition, your Declaration, and the Proposed Order. Bring at
least 3 copies -- one for the court, one for the Respondent funeral home,
and one for your records.
Step 4: The judge will generally review your papers the same day if you file
early enough. Be prepared to wait and to briefly explain your situation if
the judge has questions.
Step 5: If granted, you must serve the signed Order on all Respondents immediately
(by personal delivery, email, or fax as the court directs) and file a proof
of service.
LEGAL AUTHORITIES I CITED
NRS 451.650
- Priority of right to control disposition of remains (surviving adult children)
NRS 451.660
- Majority of surviving adult children exercises the right; no majority if objection
NAC 642.090(2)
- Funeral director may permit family to view remains
NRCP 65
- Temporary restraining orders and preliminary injunctions
NRS 33.010
- Authority for injunctive relief
Restatement (Second) of Torts section 868
- Quasi-property right in decedent's remains
Hernandez v. City of Las Vegas, 2017 U.S. Dist. LEXIS 142913 (D. Nev. 2017)
- Federal court predicting Nevada law recognizes tort for mishandling of remains
and quasi-property right
IMPORTANT: I adapted my draft for Nevada law for informational purposes only. It does not constitute legal advice! I am NOT. A fuckin lawyer! American Court procedures vary by county and judicial department same as any other country in the World! You are strongly encouraged to consult with a licensed Nevada attorney before filing but my review of Nevada Statutes in regards to this legal matter is laser precise as I exercised due diligence same as I did with California Law analysis…
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