Legal Question in Constitutional Law in Nevada

Re: Proceedures to dismiss for violation of due process

Did you or your attorney object when the witness wasn't sworn? Unsworn testimony is generally not admissible, and if this witness was critical to the other side's case you may have a strong argument on appeal. However, objections to the admissibility of evidence are often deemed waived if they are not made promptly. I would need to know more about what happened before I could assess the merits of your appeal.

Whether your argument is based on due process I can't say offhand, but even if it is merely based on insufficiency of evidence your argument sounds strong -- provided that it wasn't waived below.

I'm a bit confused about your appeal, though. You say you missed your court date and the appeal was sent back to the lower court, but appeals generally involve written briefing before the court date, and the appellate court will usually decide a case on the briefs even if the parties don't show up as scheduled. It sounds like you hadn't written anything and expected to simply show up and argue the case. Perhaps you have misunderstood some of the paperwork you received.

Lastly, you ask if missing a deadline because you weren't around to receive your mail is a constitutional violation, and the answer is no. If you are going to be away from your mail for an extended period and know that something important (like court papers) might arrive while you are away, you need to make arrangements for someone to receive the mail for you and tell you what has arrived. The courts are required to give you reasonable notice of any requirements you must meet, but if you don't pay attention to these notices you can't blame them. Even so, you may be able to get the court to excuse your default if you act quickly and explain what happened. Since it isn't clear to me what you needed to do or where your case stands at the moment, I can't say what you need to do to ask the court to reconsider.