Nevada Revised Statutes - Courts and Civil Procedure

Provisions of NRS applicable to justices’ courts. Justices’ courts being courts of peculiar and limited jurisdiction, only those provisions of Titles 2, 3 and 4 which are, in their nature, ...

Definitions. As used in this title, unless the context otherwise requires, the words and terms defined in NRS 64.030 to 64.140, inclusive, have the meanings ascribed to them in those ...

“Affinity” defined. “Affinity” when applied to the marriage relation signifies the connection existing in consequence of marriage between each of the married persons and the blood relatives of the other. ...

“Month” defined. “Month” means a calendar month, unless otherwise expressed. ...

“Oath” defined. “Oath” includes affirmation or declaration. ...

“Personal property” defined. “Personal property” includes money, goods, chattels, things in action and evidences of debt. ...

“Process” defined. “Process” signifies a writ or summons in the course of judicial proceedings. ...

“Property” defined. “Property” includes both real and personal property. ...

“Real property” defined. “Real property” is coextensive with lands, tenements and hereditaments. ...

“State” defined. “State” when applied to the different parts of the United States includes the District of Columbia and the territories. ...

“United States” defined. “United States” may include the District of Columbia and territories or insular possessions. ...

“Will” defined. “Will” includes a codicil. ...

“Writ” defined. “Writ” signifies an order or precept in writing, issued in the name of the State or of a court or judicial officer. ...

“Writing” defined. “Writing” includes printing and typewriting. ...

Interpretation. As used in this title, every mode of oral statement, under oath or affirmation, is embraced by the term “testify,” and every written one in the term “depose.” ...

Signature by mark. As used in this title, signature or subscription includes mark when the person cannot write, his name being written near it by a person who writes his ...

Appointment of guardian ad litem. When a guardian ad litem is appointed by the justice, he must be appointed as follows:

1. If the infant, insane or incompetent person ...

Action not to abate by death of any party after verdict. After verdict shall have been rendered in any action for a wrong, such action shall not abate by the ...

Intervention: Right to intervene; procedure; determination and costs.

1. Before the trial, any person may intervene in an action or proceeding, who has an interest in the matter in ...

Indigent litigants: Waiver of costs and official fees. The provisions of NRS 12.015 apply to justices’ courts. ...

General rule. Actions in justices’ courts must be commenced, and, subject to the right to change the place of trial as provided in this chapter, must be tried:

1. ...

Place of trial may be changed in certain cases.

1. The court may, at any time before the trial, on motion, change the place of trial in the following ...

Limitation on right to change place of trial. The place of trial cannot be changed on motion of the same party more than once upon any or all of the ...

Transfer of action to court agreed upon by parties. When the court orders the place of trial to be changed, the action must be transferred for trial to a court ...

Proceedings after order changing place of trial. After an order has been made transferring the action for trial to another court, the following proceedings must be had:

1. The ...

Effect of order changing place of trial. From the time the order changing the place of trial is made the court to which the action is thereby transferred has the ...

Transfer of cases to district court.

1. The parties to an action in a justice’s court cannot give evidence upon any question which is excluded from the jurisdiction of ...

Summoning of jury.

1. The jury must be summoned upon an order of the justice from, except as otherwise provided in subsection 2, the qualified electors, whether or ...

Call and number of jurors.

1. At the time appointed for the trial, the justice shall proceed to call from the jurors summoned the names of the persons to ...

Challenges: Kinds and number. The challenges are either peremptory or for cause. Each party is entitled to three peremptory challenges. Either party may challenge for cause on any grounds set ...

Challenges for cause tried by court. Challenges for cause must be tried by the justice. ...

Exemption from service. In a county whose population is 400,000 or more, a person who lives 65 miles or more from the justice’s court is exempt from serving as a trial ...

Abstract of judgment. The justice, on demand of a party in whose favor judgment is rendered, must give him an abstract of the judgment in substantially the following form (filling ...

Execution may issue on entry of judgment on docket of justice of the peace. From the time of entry of judgment on the docket of the justice of the peace, ...

Judgment becomes lien when abstract recorded with county recorder. A judgment rendered in a justice’s court creates no lien upon any lands of the defendant, unless an abstract is recorded ...

Judgments by confession. Judgments upon confession may be entered up in any justice’s court specified in the confession. ...

Security for costs.

1. The justice may in all cases require a deposit of money to cover costs of court before issuing the summons.

2. When the plaintiff ...

Prevailing party entitled to costs. The prevailing party in justices’ courts is entitled to costs of the action, and also of any proceedings taken by him in aid of an ...

Prevailing party allowed attorney’s fee to be taxed as costs in justice’s court. The prevailing party in any civil action at law in the justices’ courts of this State shall ...

Costs must be included in judgment; cost bill; motion to retax costs.

1. The justice must tax and include in the judgment the costs allowed by law to the ...

Award of costs to prevailing party by district court on appeal from justice’s court. In the event of an appeal the district court is authorized to award to the prevailing ...

Execution may issue at any time within 6 years; stay of execution of judgment.

1. Execution for the enforcement of a judgment of a justice’s court may be issued by ...

Contents. The execution must:

1. Be directed to a sheriff of any county in the State or to a constable of the county in which the justice’s court is ...

Renewal. An execution may, at the request of the judgment creditor, be renewed before the expiration of the time fixed for its return, by the word “renewed” written thereon, with ...

Duties of officer receiving executions; sales of real property.

1. The sheriff or constable to whom the execution is directed must execute the same in the same manner as ...

Applicability of chapter 21 of NRS to justices’ courts. The provisions of chapter 21 of NRS are applicable to justices’ courts, the word “justice” being inserted in lieu of ...

Order of arrest and arrest of defendant. An order to arrest the defendant may be endorsed on a summons issued by the justice, and the defendant may be arrested thereon ...

Affidavit and undertaking for order of arrest. Before an order for an arrest can be made, the party applying must prove to the satisfaction of the justice, by the affidavit ...

Arrested defendant immediately taken before justice. The defendant, immediately upon being arrested, shall be taken to the office of the justice who made the order, and if he is absent ...

Arresting officer must give notice of arrest to plaintiff. The officer making the arrest must immediately give notice thereof to the plaintiff or his attorney or agent, and endorse on ...

Arresting officer must keep defendant in custody. The officer making the arrest must keep the defendant in custody until he is discharged by order of the justice. ...

Applicability of chapter 31 of NRS to justices’ courts. The provisions of chapter 31 of NRS are applicable to attachments issued in justices’ courts, the word “constable” being substituted ...

Enforcement; applicability of other provisions of NRS. In an action to recover possession of personal property, the plaintiff may, at the time of issuing summons, or at any time thereafter ...

Deposits of money in lieu of required undertakings. In all civil cases arising in justices’ courts wherein an undertaking is required, the plaintiff or defendant may deposit with the justice ...

Jurisdiction of justices’ courts for small claims. In all cases arising in the justice’s court for the recovery of money only, where the amount claimed does not exceed $5,000 and ...

Representation of nongovernmental legal or commercial entity by its director, officer or employee. A corporation, partnership, business trust, estate, trust, association or any other nongovernmental legal or commercial entity may ...

Acknowledgment of affidavits used in actions for small claims. In all cases for the recovery of money under the provisions of this chapter any affidavit which is required or authorized ...

No writ of attachment or garnishment before judgment; execution. No attachment or garnishment may issue before judgment in cases mentioned in this chapter, but execution, including garnishment in aid of ...

Costs.

1. The justice of the peace shall forthwith ascertain and charge as costs against the losing party and in favor of the prevailing party, without the filing of ...

Attorney’s fee not allowable in actions for small claims; exceptions. Except as provided by NRS 597.860 and 597.870, no attorney’s fees are allowed either party to an action mentioned or ...

Attorney’s fee on appeal to district court. The prevailing party on an appeal to the district court shall be awarded an attorney fee by the district court not to exceed ...

Applicability of general law to actions for small claims. The general provisions of law applicable to the proceedings in justices’ courts not in conflict with this chapter shall apply so ...

Punishment for contempt. A justice may punish for contempt for the same acts or omissions, in the same manner and with the same effects as is provided for judges in ...

Entry of conviction in docket. The conviction, specifying particularly the offense and the judgment thereon, must be entered by the justice in his docket. ...