[Rev. 2/10/2015 3:56:17
PM--2014R2]
CHAPTER 2 - SUPREME COURT
COURT AND JUSTICES
NRS 2.010 Composition;
commission; oath. [Effective until the date on which the voters approve a
constitutional amendment establishing an intermediate court of appeals.]
NRS 2.010 Composition;
commission; oath. [Effective on the date on which the voters approve a
constitutional amendment establishing an intermediate court of appeals.]
NRS 2.020 Qualifications.
NRS 2.030 Election;
Chief Justice. [Effective until the date on which the voters approve a
constitutional amendment establishing an intermediate court of appeals.]
NRS 2.030 Election;
Chief Justice. [Effective on the date on which the voters approve a constitutional
amendment establishing an intermediate court of appeals.]
NRS 2.040 Vacancy
filled by Governor; term.
NRS 2.050 Base
salary.
NRS 2.060 Pensions.
[Effective through June 30, 2015.]
NRS 2.060 Pensions.
[Effective July 1, 2015.]
NRS 2.065 Retirement
because of incapacity, disability or advanced age.
NRS 2.070 Benefits
for surviving spouse.
NRS 2.075 Benefits
for surviving child.
NRS 2.079 Benefits
for survivor beneficiary and additional payees.
NRS 2.083 Application
and administration of provisions concerning pensions, retirement and benefits.
NRS 2.090 Jurisdiction
to review on appeal.
NRS 2.110 Power
on appeal.
NRS 2.120 Adoption
of rules for government of courts and State Bar of Nevada; adoption of rules
for civil practice and procedure.
NRS 2.123 Adoption
of rules for renewal of license to practice law: Information relating to state
business license and unpaid debt assigned to State Controller for collection.
NRS 2.125 Adoption
of rules for voluntary mediation for homeowners at risk of default and small
businesses whose commercial property is in default.
NRS 2.130 Regular
sessions; issuance of writs.
NRS 2.135 Panels.
[Effective until the date on which the voters approve a constitutional
amendment establishing an intermediate court of appeals.]
NRS 2.140 Quorum.
[Effective until the date on which the voters approve a constitutional
amendment establishing an intermediate court of appeals.]
NRS 2.140 Quorum;
reargument of case. [Effective on the date on which the voters approve a
constitutional amendment establishing an intermediate court of appeals.]
NRS 2.150 Room
and facilities for session.
NRS 2.160 Assignment
of submitted cases; written decisions and opinions.
NRS 2.165 Ruling
that provision of Nevada Constitution or Nevada Revised Statutes is
unconstitutional: Prevailing party to provide copy of ruling to Attorney
General.
NRS 2.170 Justice
not to practice law.
NRS 2.180 Absence
from State; forfeiture of office.
NRS 2.185 Appropriation
for support or operation of Court must be reduced based on administrative
assessments to be allocated to Court; duty of Court.
NRS 2.190 Power
to take and certify acknowledgments and affidavits.
NRS 2.195 Use
of facsimile signature: Conditions and restrictions.
OFFICERS AND EMPLOYEES
NRS 2.200 Appointment
of Clerk; removal.
NRS 2.210 Qualifications
of Clerk.
NRS 2.220 Salary
of Clerk.
NRS 2.230 Deputy
clerks.
NRS 2.240 Clerical
assistants.
NRS 2.250 Fees.
NRS 2.255 Penalties
for violations by Clerk.
NRS 2.260 List
of cases submitted to be published monthly by Clerk.
NRS 2.270 Destruction
of obsolete exhibits by Clerk.
NRS 2.280 Power
of Clerk to take and certify acknowledgments and affidavits.
NRS 2.290 Bailiff.
NRS 2.295 Employees
to provide safety, security and police duties.
NRS 2.300 Other
employees.
NRS 2.310 Official
Reporter: Appointment; qualifications.
NEVADA REPORTS AND ADVANCE SHEETS
NRS 2.320 Reporters
of decisions; duties.
NRS 2.330 Bound
volumes.
NRS 2.340 Advance
sheets: Publication.
NRS 2.345 Advance
sheets: Distribution without charge.
NRS 2.350 Title
of bound volumes.
NRS 2.360 Justices
to supervise and direct preparation of material.
NRS 2.370 Duties
of stenographic clerks and Clerk of the Court.
NRS 2.380 Printing
of Nevada Reports.
NRS 2.400 Money
for printing Nevada Reports and advance sheets.
LAW LIBRARY
NRS 2.410 Supervision
and control; regulations governing operation.
NRS 2.420 Hours
of use by public.
NRS 2.430 Librarian
and other personnel: Appointment; unclassified service; leaves of absence.
NRS 2.440 Qualifications
of Librarian.
NRS 2.450 Biennial
report.
NRS 2.460 Purchase
and exchange of publications authorized.
NRS 2.470 Charges
for services; disposition of receipts.
NRS 2.480 Money
for operation and maintenance; use of Law Library’s Account.
NRS 2.490 Gifts:
Deposit in Law Library Gift Account; use.
_________
_________
COURT AND JUSTICES
NRS 2.010 Composition; commission; oath. [Effective until the date on
which the voters approve a constitutional amendment establishing an
intermediate court of appeals.] The
Supreme Court shall consist of a Chief Justice and six associate justices. Each
justice hereafter elected or appointed shall be commissioned by the Governor
and, before entering upon the discharge of duties, shall take the
constitutional oath of office.
[2:19:1865; B § 911; BH § 2426; C § 2509; RL § 4829;
NCL § 8371]—(NRS A 1967, 835; 1997, 1529)
NRS 2.010 Composition; commission;
oath. [Effective on the date on which the voters approve a constitutional
amendment establishing an intermediate court of appeals.] The Supreme Court shall consist of a Chief
Justice and four associate justices. Each justice hereafter elected or
appointed shall be commissioned by the Governor, and before entering upon the
discharge of duties, shall take the constitutional oath of office.
[2:19:1865; B § 911; BH § 2426; C § 2509; RL § 4829;
NCL § 8371]—(NRS A 1967, 835; 1997, 1529,
effective on the date on which the voters approve a constitutional amendment
establishing an intermediate court of appeals)
NRS 2.020 Qualifications.
1. A person may not be a candidate for or
be eligible to the office of justice of the Supreme Court unless the person:
(a) Has attained the age of 25 years.
(b) Is an attorney licensed and admitted to
practice law in the courts of this State at the time of the election or
appointment.
(c) Has been an attorney licensed and admitted to
practice law in the courts of this State, another state or the District of
Columbia for not less than 15 years at any time preceding the election or
appointment, at least 2 years of which have been in this State.
(d) Is a qualified elector and has been a bona
fide resident of this State for 2 years next preceding the election or
appointment.
(e) Has not ever been removed from any judicial
office by the Legislature or removed or retired from any judicial office by the
Commission on Judicial Discipline.
2. For the purposes of this section, a
person is eligible to be a candidate for the office of justice of the Supreme
Court if a decision to remove or retire the person from a judicial office is
pending appeal before the Supreme Court or has been overturned by the Supreme
Court.
[Part 1:217:1909; A 1931, 9; 1931 NCL § 618] + [Part
2:108:1866; A 1953, 711; 1955, 459]—(NRS A 1977, 762; 1999, 94; 2005, 1211)
NRS 2.030 Election; Chief Justice. [Effective until the date on which the
voters approve a constitutional amendment establishing an intermediate court of
appeals.]
1. The justices of the Supreme Court must
be chosen at general elections by the qualified electors of this State. Except
as provisionally limited in subsections 2 and 4, each justice holds office for
a term of 6 years from and including the first Monday of January next after the
election. The senior justice in commission is the Chief Justice, and in case
the commissions of two or more of the justices bear the same date, the justices
shall determine by lot who is the Chief Justice.
2. On October 1, 1967, the Governor shall
appoint two additional justices for terms expiring on the first Monday in
January 1969. Their successors must be chosen as follows:
(a) One justice must be chosen at the general
election in 1968, for a term of 4 years from and including the first Monday in
January 1969.
(b) One justice must be chosen at the general
election in 1968, for a term of 6 years from and including the first Monday in
January 1969.
3. At the general election in 1968, in
addition to the justices chosen pursuant to subsection 2, one justice must be
chosen to succeed the justice whose term of office, current on October 1, 1967,
expires on the first Monday in January 1969. At the general elections in 1972
and 1974, and every sixth year respectively thereafter, two justices must be
chosen. At the general election in 1970, and every sixth year thereafter, one
justice must be chosen.
4. Two additional justices must be chosen
at the general election in 1998 for terms of 2 years which expire on the first
Monday in January 2001. Their successors must be chosen at the general election
in 2000, for terms of 6 years from and including the first Monday in January
2001.
5. At the general election in 1998, and
every sixth year respectively thereafter, in addition to the justices elected
pursuant to subsection 4, two justices must be chosen to succeed the justices
whose terms of office expire on the first Monday in January 1999. At the
general election in 2000, and every sixth year respectively thereafter:
(a) One justice must be chosen to succeed the
justice whose term of office commenced on the first Monday in January 1995 and
expires on the first Monday in January 2001.
(b) Two justices must be chosen to succeed the
justices who served terms of 2 years pursuant to subsection 4.
Ê At the
general election in 2002, and every sixth year respectively thereafter, two
justices must be chosen to succeed the justices whose terms of office expire on
the first Monday in January 2003.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL §
2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773;
NCL § 4773] + [3:19:1865; B § 912; BH § 2427; C § 2510; RL § 4830; NCL § 8372]
+ [11:108:1866; B § 2609; BH § 1646; C § 1792; RL § 2775; NCL § 4775]—(NRS A
1967, 835; 1997,
1529)
NRS 2.030 Election; Chief Justice.
[Effective on the date on which the voters approve a constitutional amendment
establishing an intermediate court of appeals.]
1. The justices of the Supreme Court shall
be chosen at general elections by the qualified electors of the State. Except
as provisionally limited in subsection 2, each justice shall hold office for
the term of 6 years from and including the first Monday of January next after
the election. The senior justice in commission shall be Chief Justice and in
case the commissions of any two or more of the justices shall bear the same
date, they shall determine by lot who shall be Chief Justice.
2. On October 1, 1967, the Governor shall
appoint two additional justices for terms expiring on the first Monday in
January 1969. Their successors shall be chosen as follows:
(a) One justice shall be chosen at the general
election in 1968, for a term of 4 years from and including the first Monday in
January 1969.
(b) One justice shall be chosen at the general
election in 1968, for a term of 6 years from and including the first Monday in
January 1969.
3. At the general election in 1968, in
addition to the justices chosen pursuant to subsection 2, one justice shall be
chosen to succeed the justice whose term of office, current on October 1, 1967,
expires on the first Monday in January 1969. At the general elections in 1972
and 1974, and every sixth year respectively thereafter, two justices shall be
chosen. At the general election in 1970, and every sixth year thereafter, one
justice shall be chosen.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL §
2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773;
NCL § 4773] + [3:19:1865; B § 912; BH § 2427; C § 2510; RL § 4830; NCL § 8372]
+ [11:108:1866; B § 2609; BH § 1646; C § 1792; RL § 2775; NCL § 4775]—(NRS A
1967, 835; 1997,
1529, effective on the date on which the voters approve a constitutional
amendment establishing an intermediate court of appeals)
NRS 2.040 Vacancy filled by Governor; term. Whenever
any vacancy shall occur in the office of justice of the Supreme Court, the
Governor shall fill the same by granting a commission, which shall expire at
the next general election by the people and upon the qualification of his or
her successor, at which election a justice shall be chosen for the balance of
the unexpired term.
[Part 48:108:1866; B § 2646; BH § 1683; C § 1829; RL
§ 2812; NCL § 4812] + [4:19:1865; B § 913; BH § 2428; C § 2511; RL § 4831; NCL §
8373]
NRS 2.050 Base salary.
1. Until the first Monday in January 2009,
the justices of the Supreme Court whose terms of office expire on the first
Monday in January 2009 are entitled to receive an annual base salary of
$140,000. From and after the first Monday in January 2009, their successors in
office are entitled to receive an annual base salary of $170,000.
2. Until the first Monday in January 2011,
the justices of the Supreme Court whose terms of office expire on the first
Monday in January 2011 are entitled to receive an annual base salary of
$140,000. From and after the first Monday in January 2011, their successors in
office are entitled to receive an annual base salary of $170,000.
3. Until the first Monday in January 2013,
the justices of the Supreme Court whose terms of office expire on the first
Monday in January 2013 are entitled to receive an annual base salary of
$140,000. From and after the first Monday in January 2013, their successors in
office are entitled to receive an annual base salary of $170,000.
4. All salaries provided for in this
section are payable in biweekly installments as other state officers are paid.
[1:153:1927; A 1928, 29; 1945, 208; 1951, 359; 1953,
540]—(NRS A 1957, 543; 1961, 481; 1965, 1154; 1967, 836; 1969, 789; 1971, 2204;
1977, 1013;
1981, 1371;
1985, 1607;
1989, 1896;
1995, 2514;
1997, 1530;
2001, 3109,
3113; 2007, 1750)
NRS 2.060 Pensions. [Effective through June 30, 2015.]
1. Any justice of the Supreme Court who
has served as a justice or judge of the Court of Appeals or a district court in
any one or more of those courts for a period or periods aggregating 22 years
and has ended such service is, after reaching the age of 60 years, entitled to
receive annually from the State of Nevada, as a pension during the remainder of
his or her life, a sum of money equal in amount to three-fourths the sum
received as a salary for his or her judicial services during the last year
thereof, payable monthly from the Judicial Retirement Fund established pursuant
to NRS 1A.160.
2. Any justice of the Supreme Court who
has served as a justice or judge of the Court of Appeals or a district court in
any one or more of those courts for a period or periods aggregating 5 years and
has ended such service is, after reaching the age of 60 years, entitled to
receive annually from the State of Nevada, as a pension during the remainder of
his or her life, a sum of money equal in amount to 4.1666 percent of the sum
received as a salary for his or her judicial services during the last year thereof,
payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.
3. Any justice of the Supreme Court who
qualifies for a pension under the provisions of subsection 2 is entitled to
receive, for each year served beyond 5 years up to a maximum of 22 years, an
additional 4.1666 percent of the sum received as a salary for his or her
judicial services during the last year thereof, payable as provided in
subsection 2.
4. Any justice who has retired pursuant to
subsection 3 and is thereafter recalled to additional active service in the
court system is entitled to receive credit toward accumulating 22 years’
service for the maximum pension based upon the time he or she actually spends
in the additional active service.
5. Any justice who has the years of
service necessary to retire but has not attained the required age may retire at
any age with a benefit actuarially reduced to the required retirement age. A
benefit under this subsection must be reduced in the same manner as benefits
are reduced for persons retired under the Public Employees’ Retirement System.
6. Any person receiving a pension pursuant
to the provisions of this section is entitled to receive postretirement
increases equal to those provided for persons retired under the Public
Employees’ Retirement System.
7. Any justice who desires to receive the
benefits of this section must file with the Executive Officer of the Public
Employees’ Retirement Board an affidavit setting forth the fact that the
justice is ending his or her service, the date and place of his or her birth,
and the years he or she has served in any district court, the Court of Appeals
or the Supreme Court.
8. Any justice who has retired and is
thereafter recalled to additional active service in the court system as a
senior justice is entitled to receive a retirement allowance during the period
of reemployment in addition to compensation for services.
9. The faith of the State of Nevada is
hereby pledged that this section shall not be repealed or amended so as to
affect any justice who may have ended his or her service pursuant to it.
[Part 1:118:1937; A 1947, 404; 1949, 412; 1951, 362]
+ [Part 2:118:1937; 1931 NCL § 4881.02] + [3:118:1937; 1931 NCL § 4881.03] +
[Part 4:118:1937; 1931 NCL § 4881.04]—(NRS A 1957, 283; 1960, 397; 1971, 244;
1975, 370; 1979,
1082; 1981,
890; 1983,
839; 1985,
858; 1987,
834; 1993,
1167; 2001,
3110; 2001
Special Session, 88; 2003, 221; 2007, 1971; 2009, 2218,
2219, 2222; 2013, 1727)
Pursuant to NRS 286.305, a qualifying
justice or judge who participates in the public employees’ retirement system
(PERS) may withdraw from PERS and receive benefits under NRS
2.060 or 3.090, as applicable.
However, NRS 286.305
will be repealed effective January 1, 2003. With respect to justices and judges
who are members of PERS, are elected or appointed on or after November 5, 2002,
take office on or after January 1, 2003, and have served as a justice or judge
before November 5, 2002, the repeal of NRS 286.305 is not
problematic because such justices and judges may, pursuant to NRS 1A.280, opt to participate in the
judicial retirement plan (JRP) (see NRS
1A.300 et seq.) and, having become members of the JRP, may further opt upon
retirement to take the benefit under the JRP or the benefit offered pursuant to
NRS 2.060 or 3.090
(see the former provisions of NRS 1A.270).
With respect to justices and judges who are members of PERS and who retire
after January 1, 2003, without having been reelected on or after November 5,
2002, the repeal of NRS
286.305 is problematic, because such justices and judges are not eligible
to opt into the JRP pursuant to NRS
1A.280. For this second group of justices and judges, the loss of a benefit
without the addition of a commensurate benefit would violate the holding of the
supreme court in Public Employees’ Retirement Bd. v. Washoe County, 96 Nev. 718
(1980). Thus, justices and judges who are members of PERS and who retire after
January 1, 2003, without having been reelected on or after November 5, 2002,
should be allowed to take the option set forth in NRS 286.305 even after that
section is repealed. AGO 2002-30 (8-21-2002)
NRS 2.060 Pensions. [Effective July
1, 2015.]
1. Any justice of the Supreme Court who
has served as a justice or judge of the Court of Appeals or a district court in
any one or more of those courts for a period or periods aggregating 22 years
and has ended such service is, after reaching the age of 60 years, entitled to
receive annually from the State of Nevada, as a pension during the remainder of
his or her life, a sum of money equal in amount to three-fourths the sum
received as a salary for his or her judicial services during the last year
thereof, payable monthly from the Judicial Retirement Fund established pursuant
to NRS 1A.160.
2. Any justice of the Supreme Court who
has served as a justice or judge of the Court of Appeals or a district court in
any one or more of those courts for a period or periods aggregating 5 years and
has ended such service is, after reaching the age of 60 years, entitled to
receive annually from the State of Nevada, as a pension during the remainder of
his or her life, a sum of money equal in amount to 4.1666 percent of the sum
received as a salary for his or her judicial services during the last year thereof,
payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.
3. Any justice of the Supreme Court who
qualifies for a pension under the provisions of subsection 2 is entitled to
receive, for each year served beyond 5 years up to a maximum of 22 years, an
additional 4.1666 percent of the sum received as a salary for his or her
judicial services during the last year thereof, payable as provided in
subsection 2.
4. Any justice who has retired pursuant to
subsection 3 and is thereafter recalled to additional active service in the
court system is entitled to receive credit toward accumulating 22 years’
service for the maximum pension based upon the time he or she actually spends
in the additional active service.
5. Any justice who has the years of
service necessary to retire but has not attained the required age may retire at
any age with a benefit actuarially reduced to the required retirement age. A
benefit under this subsection must be reduced in the same manner as benefits
are reduced for persons retired under the Public Employees’ Retirement System.
6. Any person receiving a pension pursuant
to the provisions of this section is entitled to receive postretirement
increases equal to those provided for persons retired under the Public
Employees’ Retirement System.
7. Any justice who desires to receive the
benefits of this section must file with the Executive Officer of the Public
Employees’ Retirement Board an affidavit setting forth the fact that the
justice is ending his or her service, the date and place of his or her birth,
and the years he or she has served in any district court, the Court of Appeals
or the Supreme Court.
8. The faith of the State of Nevada is
hereby pledged that this section shall not be repealed or amended so as to
affect any justice who may have ended his or her service pursuant to it.
[Part 1:118:1937; A 1947, 404; 1949, 412; 1951, 362]
+ [Part 2:118:1937; 1931 NCL § 4881.02] + [3:118:1937; 1931 NCL § 4881.03] +
[Part 4:118:1937; 1931 NCL § 4881.04]—(NRS A 1957, 283; 1960, 397; 1971, 244;
1975, 370; 1979,
1082; 1981,
890; 1983,
839; 1985,
858; 1987,
834; 1993,
1167; 2001,
3110; 2001
Special Session, 88; 2003, 221; 2007, 1971; 2009, 2218,
2219, 2222; 2013, 1727,
effective July 1, 2015)
NRS 2.065 Retirement because of incapacity, disability or advanced age.
1. A justice of the Supreme Court who has
served as a justice, judge of the Court of Appeals or as a district judge in
any one or more courts for a period or periods aggregating 5 years or more and
who becomes permanently incapacitated, physically or mentally, to perform the
duties of office may retire from office regardless of age.
2. Any justice who retires pursuant to the
provisions of subsection 1 or who is retired because of advanced age or mental
or physical disability pursuant to Section
21 of Article 6 of the Constitution of the State of Nevada is entitled to
receive annually from the State of Nevada, as a pension during the remainder of
his or her life, the same pension the justice would receive under NRS 2.060 based on his or her years of service, but
without regard to his or her age.
3. Any justice, or a guardian of a justice
on behalf of the justice if the justice is unable to act, who desires to retire
voluntarily must give notice in writing to the Governor. The Governor shall
appoint three physicians licensed to practice medicine in the State of Nevada
to examine the justice and report the results to the Governor in writing. If a
majority of the physicians is of the opinion that the justice is permanently
incapacitated, physically or mentally, the Governor shall approve the retirement.
The justice or a guardian of the justice must file with the Executive Officer
of the Public Employees’ Retirement Board an affidavit setting forth the fact
of the justice’s retirement and the years he or she has served in either or
both of such courts.
4. Pensions payable pursuant to this
section must be paid in the same manner as pensions are payable under NRS 2.060. Fees and expenses of physicians appointed
pursuant to this section must be paid out of funds from the Judicial Retirement
Administrative Fund established pursuant to NRS 1A.200.
5. The faith of the State of Nevada is
hereby pledged that this section will not be repealed or amended so as to
affect adversely any justice who may have retired or been retired pursuant to
its provisions.
(Added to NRS by 1985, 1880; A 1993, 1168; 2001
Special Session, 88; 2013, 1728)
NRS 2.070 Benefits for surviving spouse.
1. If a justice of the Supreme Court at
the time of his or her death had retired and was then receiving a pension under
the provisions of NRS 2.060, or if at the time of
his or her death the justice had not retired but had performed sufficient
service for retirement under the provisions of NRS
2.060, the surviving spouse, if the spouse has attained the age of 60
years, is entitled, until the spouse’s death or remarriage, to receive monthly
payments of $2,500 per month.
2. If a surviving spouse of a justice is
not eligible to receive benefits pursuant to subsection 1, the spouse is
entitled, until the spouse’s death or remarriage or until the spouse becomes
eligible to receive those benefits, to receive payments equal in amount to the
payment provided in subsection 1 of NRS
286.674 for the spouse of a deceased member of the Public Employees’
Retirement System.
3. To obtain these benefits, the surviving
spouse must make application to the Executive Officer of the Public Employees’
Retirement Board and furnish such information as may be required pursuant to
reasonable regulations adopted for the purpose of carrying out the intent of
this section.
4. Any person receiving a benefit pursuant
to the provisions of this section is entitled to receive postretirement
increases equal to those provided for persons retired under the Public
Employees’ Retirement System.
5. It is the intent of this section that
no special fund be created for the purpose of paying these benefits, and all
payments made under the provisions of this section are to be made out of and
charged to the Judicial Retirement Fund established pursuant to NRS 1A.160.
[1:94:1951] + [2:94:1951] + [3:94:1951]—(NRS A 1965,
1152; 1975, 283; 1979,
947; 1981,
1205; 1985,
1890; 1987,
797, 1606;
1989, 2021;
1991, 2442;
1995, 1707;
1999, 2949;
2001
Special Session, 89)
NRS 2.075 Benefits for surviving child.
1. Each child of a deceased justice of the
Supreme Court is entitled to receive payments equal in amount to the payments
provided in NRS 286.673 for the child
of a deceased member of the Public Employees’ Retirement System.
2. In determining whether a child is a
full-time student or financially dependent and physically or mentally
incompetent, as provided in NRS 286.673,
the Executive Officer of the Public Employees’ Retirement Board shall use any
applicable standards and procedures established by the Public Employees’
Retirement Board.
3. It is the intent of this section that
no special fund be created for the payment of benefits, and all payments made
under the provisions of this section are to be made out of and charged to the
Judicial Retirement Fund established pursuant to NRS 1A.160.
(Added to NRS by 1987, 410; A 2001
Special Session, 90)
NRS 2.079 Benefits for survivor beneficiary and additional payees.
1. A justice of the Supreme Court may
designate, in writing, a survivor beneficiary and one or more additional payees
to receive the payments provided pursuant to this section if the justice is
unmarried on the date of his or her death. A designation pursuant to this
section must be made on a form approved by the Court Administrator. If the
justice has designated one or more payees in addition to the survivor
beneficiary, the justice must designate the percentage of the payments that the
survivor beneficiary and each additional payee is entitled to receive.
2. Except as otherwise provided in this
subsection, if a justice of the Supreme Court at the time of his or her death
had retired and was then receiving a pension pursuant to the provisions of NRS 2.060, or if at the time of his or her death the
justice had not retired but had performed sufficient service for retirement
pursuant to the provisions of NRS 2.060, the
survivor beneficiary designated pursuant to subsection 1, if the survivor
beneficiary has attained the age of 60 years, is entitled, until his or her
death, to receive monthly payments of $2,500 per month. If the justice had
designated one or more payees in addition to the survivor beneficiary pursuant
to subsection 1, the monthly payments paid pursuant to this subsection must be
divided between the survivor beneficiary and any additional payee in the
proportion designated by the justice pursuant to subsection 1.
3. Except as otherwise provided in this
subsection, if a survivor beneficiary of a justice is not eligible to receive
benefits pursuant to subsection 2, the survivor beneficiary is entitled, until
his or her death or until he or she becomes eligible to receive those benefits,
to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.67675 for the survivor
beneficiary of a deceased member of the Public Employees’ Retirement System. If
the justice had designated one or more payees in addition to the survivor
beneficiary pursuant to subsection 1, the payments paid pursuant to this
subsection must be divided between the survivor beneficiary and any additional
payee in the proportion designated by the justice pursuant to subsection 1.
4. To obtain the benefits authorized by
subsection 3, the survivor beneficiary must make application to the Executive
Officer of the Public Employees’ Retirement Board and furnish such information
as may be required pursuant to reasonable regulations adopted for the purpose
of carrying out the intent of this section.
5. Any person receiving a benefit pursuant
to the provisions of this section is entitled to receive postretirement
increases equal to those provided for persons retired pursuant to the Public
Employees’ Retirement System.
6. It is the intent of this section that
no special fund be created for the purpose of paying these benefits, and all
payments made pursuant to the provisions of this section are to be made out of
and charged to the Judicial Retirement Fund established pursuant to NRS 1A.160.
(Added to NRS by 2001, 1292; A 2001
Special Session, 100; 2003, 2074)
NRS 2.083 Application and administration of provisions concerning
pensions, retirement and benefits. The
provisions of NRS 2.060 to 2.083,
inclusive:
1. Apply only to a justice of the Supreme
Court or a surviving spouse or surviving child of a justice of the Supreme
Court who served as a justice of the Supreme Court or district judge before
November 5, 2002;
2. Are administered by the Public
Employees’ Retirement Board pursuant to NRS
1A.100; and
3. Are part of the Judicial Retirement
System established pursuant to NRS 1A.100.
(Added to NRS by 2001
Special Session, 87)
NRS 2.090 Jurisdiction to review on appeal. The
Supreme Court has jurisdiction to review upon appeal:
1. A judgment in an action or proceeding,
commenced in a district court, when the matter in dispute is embraced in the
general jurisdiction of the Supreme Court, and to review upon appeal from such
judgment any intermediate order or decision involving the merits and
necessarily affecting the judgment and, in a criminal action, any order
changing or refusing to change the place of trial of the action or proceeding.
2. An order granting or refusing a new
trial in such cases; an order in a civil action changing or refusing to change
the place of trial of the action or proceeding after motion is made therefor in
the cases in which that court has appellate jurisdiction; and from an order
granting or refusing to grant an injunction or mandamus in the case provided
for by law.
[6:19:1865; B § 915; BH § 2430; C § 2513; RL § 4833;
NCL § 8375]—(NRS A 1981, 1706)
NRS 2.110 Power on appeal. The
Supreme Court may reverse, affirm or modify the judgment or order appealed from
as to any or all of the parties, and may, if necessary, order a new trial, and
in a criminal action, order the new trial to be had in the proper place. On a
direct appeal from an order in a civil action granting a motion to change the
place of trial of an action or refusing to change the place of trial, the Court
may affirm or reverse the order and order the trial to be had in the proper
place. An order in a civil action changing or refusing to change the place of
trial must not be appealed from on an appeal from a judgment, but only on
direct appeal from the order changing or refusing to change the place of trial.
When the judgment or order appealed from is reversed or modified, this Court
may make, or direct the inferior court to make, complete restoration of all
property and rights lost by the erroneous judgment or order.
[8:19:1865; A 1913, 274; 1919 RL § 4835; NCL §
8377]—(NRS A 1981,
1706)
NRS 2.120 Adoption of rules for government of courts and State Bar of
Nevada; adoption of rules for civil practice and procedure.
1. The Supreme Court may make rules not
inconsistent with the Constitution and laws of the State for its own
government, the government of the district courts, and the government of the
State Bar of Nevada. Such rules shall be published promptly upon adoption and
take effect on a date specified by the Supreme Court which in no event shall be
less than 30 days after entry of an order adopting such rules.
2. The Supreme Court, by rules adopted and
published from time to time, shall regulate original and appellate civil
practice and procedure, including, without limitation, pleadings, motions,
writs, notices and forms of process, in judicial proceedings in all courts of
the State, for the purpose of simplifying the same and of promoting the speedy
determination of litigation upon its merits. Such rules shall not abridge,
enlarge or modify any substantive right and shall not be inconsistent with the
Constitution of the State of Nevada. Such rules shall be published promptly
upon adoption and take effect on a date specified by the Supreme Court which in
no event shall be less than 60 days after entry of an order adopting such
rules.
[Part 8:19:1865; A 1913, 274; 1919 RL § 4835; NCL §
8377] + [1:40:1951] + [2:40:1951]—(NRS A 1963, 384; 1967, 112)
NRS 2.123 Adoption of rules for renewal of license to practice law:
Information relating to state business license and unpaid debt assigned to
State Controller for collection.
1. The Supreme Court may adopt rules that:
(a) Require a person applying for the renewal of
a license to practice law to indicate in the application submitted to the State
Bar of Nevada whether the applicant has a state business license and, if so,
require the applicant to include in the application the state business license
number assigned by the Secretary of State upon compliance with the provisions
of chapter 76 of NRS.
(b) Prohibit the renewal of a license to practice
law if:
(1) The applicant fails to submit the
information required by paragraph (a); or
(2) The State Controller has informed the
State Bar of Nevada pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a
debt to an agency that has been assigned to the State Controller for collection
and the applicant has not:
(I) Satisfied the debt;
(II) Entered into an agreement for
the payment of the debt pursuant to NRS
353C.130; or
(III) Demonstrated that the debt is
not valid.
2. As used in this section:
(a) “Agency” has the meaning ascribed to it in NRS 353C.020.
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2721)
NRS 2.125 Adoption of rules for voluntary mediation for homeowners at risk
of default and small businesses whose commercial property is in default. The Supreme Court may adopt rules providing
for voluntary mediation with respect to:
1. A homeowner who is not in default but
is at risk of default.
2. A small business whose commercial
property is in default. If the Supreme Court adopts such rules, the Supreme
Court shall consider:
(a) The goals and purposes of the mediation
process;
(b) The necessity, efficiency and desirability of
allowing mediation for the various types of commercial property; and
(c) Any other factor that is relevant in
determining whether allowing mediation under the circumstances is in the best
interests of the residents, businesses and governmental entities in this State.
(Added to NRS by 2009, 1759;
A 2010,
26th Special Session, 73)
NRS 2.130 Regular sessions; issuance of writs. The
Supreme Court shall:
1. Hold such regular sessions during each
calendar year as are necessary to dispose of its business.
2. Always be open for the issuance of
writs.
[9:19:1865; B § 918; BH § 2433; C § 2516; RL § 4836;
NCL § 8378]—(NRS A 1967, 209)
NRS 2.135 Panels. [Effective until the date on which the voters approve a
constitutional amendment establishing an intermediate court of appeals.]
1. The Supreme Court may sit, hear and
decide cases in panels of three justices. Concurrence of a majority of the
justices sitting on a panel is necessary to decide a case. The full Court shall
reconsider any case decided by a panel if any two justices so request.
2. The full Court may assign to a panel
any case over which the Supreme Court has jurisdiction.
3. If panels of justices are established,
the Supreme Court shall:
(a) Adopt rules to govern the use of panels for
the hearing and decision of cases.
(b) Designate the places of holding court by
panels.
(Added to NRS by 1997, 1529)
NRS 2.140 Quorum. [Effective until the date on which the voters approve a
constitutional amendment establishing an intermediate court of appeals.] Four justices constitute a quorum for the
transaction of business, excepting such business as may be done at chambers or
by panels. The concurrence of four justices who heard the argument is necessary
to pronounce a judgment, except in business done at chambers or by panels.
[10:19:1865; B § 919; BH § 2434; C § 2517; RL § 4837;
NCL § 8379]—(NRS A 1967, 836; 1997, 1530)
NRS 2.140 Quorum; reargument of
case. [Effective on the date on which the voters approve a constitutional
amendment establishing an intermediate court of appeals.] Three justices shall constitute a quorum for
the transaction of business, excepting such business as may be done at
chambers, and the concurrence of three justices who heard the argument shall be
necessary to pronounce any judgment, except in chamber business; and if three
justices who have heard the argument do not agree, the case shall be reargued.
[10:19:1865; B § 919; BH § 2434; C § 2517; RL § 4837;
NCL § 8379]—(NRS A 1967, 836; 1997, 1530,
effective on the date on which the voters approve a constitutional amendment
establishing an intermediate court of appeals)
NRS 2.150 Room and facilities for session. If
a room in which to hold the court, together with attendants, fuel, lights and
stationery, suitable and sufficient for the transaction of business, is not
provided by the State, the Court may direct the sheriff of any county where the
session is held to provide a room, attendants, fuel, lights and stationery, and
the expenses must be paid out of the State Treasury.
[11:19:1865; B § 920; BH § 2435; C § 2518; RL § 4838;
NCL § 8380]—(NRS A 1969, 312; 1985, 221)
NRS 2.160 Assignment of submitted cases; written decisions and opinions.
1. Immediately upon a case being submitted
to the Supreme Court it shall be assigned to one member of the Court for the
preparation of an opinion.
2. All opinions and decisions rendered by
the Supreme Court shall be in writing, signed by the justices concurring
therein, and shall be spread at large on the records of the Court kept for that
purpose.
[4:222:1913; 1919 RL p. 3314; NCL § 8432] +
[12:19:1865; B § 921; BH § 2436; C § 2519; RL § 4839; NCL § 8381]
NRS 2.165 Ruling that provision of Nevada Constitution or Nevada Revised
Statutes is unconstitutional: Prevailing party to provide copy of ruling to
Attorney General. If the Supreme
Court holds that a provision of the Nevada Constitution or the Nevada Revised
Statutes violates a provision of the Nevada Constitution or the United States
Constitution, the prevailing party in the proceeding shall provide a copy of
the ruling to the Office of the Attorney General
(Added to NRS by 2013, 819)
NRS 2.170 Justice not to practice law. A
justice of the Supreme Court shall not act as attorney or counsel in any court
except in an action or proceeding to which the justice is a party on the
record.
[Part 46:19:1865; B § 951; BH § 2465; C § 2546; RL §
4866; NCL § 8408]
NRS 2.180 Absence from State; forfeiture of office. A justice of the Supreme Court shall not
absent himself or herself from this State for more than 90 consecutive days. A
violation of the provisions of this section shall work a forfeiture of office.
[Part 48:19:1865; A 1865, 185; B § 953; BH § 2467; C
§ 2548; RL § 4868; NCL § 8410]
NRS 2.185 Appropriation for support or operation of Court must be reduced
based on administrative assessments to be allocated to Court; duty of Court.
1. Any amount appropriated by the
Legislature from the State General Fund for the support or operation of the
Supreme Court during a fiscal year must be reduced to the extent that the
amount of any administrative assessments distributed to the Office of the Court
Administrator for allocation to the Supreme Court pursuant to NRS 176.059 exceeds the amount which is
authorized by the Legislature for expenditure from those assessments for that
fiscal year.
2. The Supreme Court shall reserve for
reversion each fiscal year the amount by which an appropriation from the State
General Fund must be reduced pursuant to subsection 1, and that amount reverts
to the State General Fund upon the close of that fiscal year by the State
Controller.
(Added to NRS by 2001, 2356)
NRS 2.190 Power to take and certify acknowledgments and affidavits. The justices of the Supreme Court shall have
power in any part of the State to take and certify:
1. The acknowledgment of conveyances and
the satisfaction of a judgment of any court.
2. An affidavit to be used in any court of
justice in this state.
[63:19:1865; B § 968; BH § 2482; C § 2563; RL § 4883;
NCL § 8425]
NRS 2.195 Use of facsimile signature: Conditions and restrictions.
1. Each justice of the Supreme Court may
use a facsimile signature produced through a mechanical device in place of the
justice’s handwritten signature whenever the necessity arises and upon approval
of the Supreme Court, subject to the following conditions:
(a) That the mechanical device must be of such a
nature that the facsimile signature may be removed from the mechanical device
and kept in a separate secure place.
(b) That the use of the facsimile signature may
be made only under the direction and supervision of the justice whose signature
it represents.
(c) That the entire mechanical device must at all
times be kept in a vault, securely locked, when not in use, to prevent any
misuse of the device.
2. No facsimile signature produced through
a mechanical device authorized by the provisions of this section may be
combined with the signature of another officer.
(Added to NRS by 1989, 998)
OFFICERS AND EMPLOYEES
NRS 2.200 Appointment of Clerk; removal.
1. The Supreme Court shall appoint a Clerk
of the Supreme Court; but any person elected to the office of Clerk of the
Supreme Court before July 1, 1957, shall continue to hold such office until the
expiration of the term for which he or she may have been elected.
2. The Clerk of the Supreme Court shall
hold office and be removable at the pleasure of the Supreme Court.
[12:108:1866; B § 2610; BH § 1647; C § 1793; RL §
2776; NCL § 4776] + [Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765;
NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL §
4773]—(NRS A 1957, 109)
NRS 2.210 Qualifications of Clerk. No
person shall be eligible to the office of Clerk of the Supreme Court unless the
person:
1. Shall have attained the age of 21 years
at the time of the appointment; and
2. Shall be a qualified elector and a
citizen resident of this state for 1 year next preceding the appointment.
[Part 2:108:1866; A 1953, 711; 1955, 459]—(NRS A
1957, 109)
NRS 2.220 Salary of Clerk. The
Supreme Court shall fix the annual salary of the Clerk of the Supreme Court
within the limits of legislative appropriations.
[Part 8:295:1953; A 1955, 527] + [8:320:1955] +
[11:320:1955] + [13:320:1955]—(NRS A 1957, 540; 1963, 539; 1967, 456)
NRS 2.230 Deputy clerks. The
Clerk of the Supreme Court may, under the hand and seal of the Clerk, appoint
deputies in his or her office. A deputy so appointed may, during the absence or
inability of the Clerk of the Supreme Court, perform all of the duties of a
ministerial nature requisite and pertaining to the office.
[Part 1:258:1951]—(NRS A 1973, 353; 1985, 1224)
NRS 2.240 Clerical assistants. The
Clerk of the Supreme Court is authorized to employ persons necessary to carry
out the duties of his or her office.
[2:258:1951]
NRS 2.250 Fees.
1. The Clerk of the Supreme Court may
demand and receive for the services of the Clerk rendered in discharging the
duties imposed upon him or her by law the following fees:
(a) Except as otherwise provided in paragraph
(d), whenever an appeal is taken to the Supreme Court, or whenever a special
proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas
corpus, or otherwise is brought in or to the Supreme Court, the appellant and
any cross-appellant or the party bringing a special proceeding shall, at or
before the appeal, cross-appeal or petition for a special proceeding has been
entered on the docket, pay to the Clerk of the Supreme Court the sum of $200.
(b) Except as otherwise provided in paragraph
(d), a party to an appeal or special proceeding who petitions the Supreme Court
for a rehearing shall, at the time of filing such a petition, pay to the Clerk
of the Supreme Court the sum of $100.
(c) Except as otherwise provided in paragraph
(d), in addition to the fees required pursuant to paragraphs (a) and (b):
(1) Whenever an appeal is taken to the
Supreme Court, or whenever a special proceeding by way of mandamus, certiorari,
prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the
Supreme Court, the appellant and any cross-appellant or the party bringing a
special proceeding shall, at or before the appeal, cross-appeal or petition for
a special proceeding has been entered on the docket, pay to the Clerk of the
Supreme Court a court automation fee of $50.
(2) A party to an appeal or special
proceeding who petitions the Supreme Court for a rehearing shall, at the time
of filing such a petition, pay to the Clerk of the Supreme Court a court
automation fee of $50.
Ê The Clerk of
the Supreme Court shall remit the fees collected pursuant to this paragraph to
the State Controller for credit to a special account in the State General Fund.
The State Controller shall distribute the money received to the Office of Court
Administrator to be used for advanced and improved technological purposes in
the Supreme Court. The special account is restricted to the use specified, and
the balance in the special account must be carried forward at the end of each
fiscal year. As used in this paragraph, “technological purposes” means the
acquisition or improvement of technology, including, without limitation,
acquiring or improving technology for converting and archiving records, purchasing
hardware and software, maintaining the technology, training employees in the
operation of the technology and contracting for professional services relating
to the technology.
(d) No fees may be charged by the Clerk in:
(1) Any action brought in or to the
Supreme Court wherein the State of Nevada or any county, city or town thereof,
or any officer or commission thereof is a party in his, her or its official or
representative capacity, against the State of Nevada, county, city, town,
officer or commission;
(2) A habeas corpus proceeding of a
criminal or quasi-criminal nature; or
(3) An appeal taken from, or a special
proceeding arising out of, a criminal proceeding.
(e) A fee of $60 for Supreme Court decisions in
pamphlet form for each year, or a fee of $30 for less than a 6 months’ supply
of decisions, to be collected from each person who requests such decisions,
except those persons and agencies set forth in NRS
2.345. The Clerk may charge a reasonable fee to all parties, including,
without limitation, the persons and agencies set forth in NRS 2.345, for access to decisions of the Supreme
Court compiled in an electronic format.
(f) A fee from a person who requests a
photostatic copy or a photocopy print of any paper or document in an amount
determined by the justices of the Supreme Court.
2. The Clerk of the Supreme Court shall
not charge any fee that is not authorized by law.
3. The Clerk of the Supreme Court shall
keep a fee book in which the Clerk shall enter in detail the title of the
matter, proceeding or action, and the fees charged therein. The fee book must
be open to public inspection in the office of the Clerk.
4. The Clerk of the Supreme Court shall
publish and post in some conspicuous place in the Clerk’s office a table of
fees for public inspection. The Clerk shall forfeit a sum of not less than $20
for each day of his or her omission to do so, which sum with costs may be
recovered by any person by filing an action before any justice of the peace of
the same county.
5. All fees prescribed in this section
must be paid in advance, if demanded. If the Clerk of the Supreme Court has not
received any or all of the fees which are due to the Clerk for services
rendered in any suit or proceeding, the Clerk may have execution therefor in
the Clerk’s own name against the party from whom they are due, to be issued
from the Supreme Court upon order of a justice thereof or from the Court upon
affidavit filed.
6. The Clerk of the Supreme Court shall
give a receipt on demand of the party paying a fee. The receipt must specify
the title of the cause in which the fee is paid and the date and the amount of
the payment.
7. The Clerk of the Supreme Court shall,
when depositing with the State Treasurer money received for Court fees, render
to the State Treasurer a brief note of the cases in which the money was
received.
[Part 1:49:1883; BH § 2342; C § 2460; RL § 2005; NCL
§ 2936] + [2:49:1883; A 1917, 30; 1921, 111; NCL § 2937] + [17:49:1883; BH §
2358; C § 2482; RL § 2019; NCL § 2950] + [18:49:1883; BH § 2359; C § 2483; RL §
2020; NCL § 2951] + [23:49:1883; BH § 2364; C § 2488; RL § 2025; NCL § 2956] +
[25:49:1883; BH § 2366; C § 2490; RL § 2027; NCL § 2958] + [Part 31:49:1883; BH
§ 2372; C § 2496; RL § 2033; NCL § 2964] + [32:49:1883; A 1919, 15; 1953, 46] +
[21:49:1883; BH § 2362; C § 2486; RL § 2023; NCL § 2954] + [22:49:1883; BH §
2363; C § 2487; RL § 2024; NCL § 2955]—(NRS A 1971, 827, 2059; 1981, 251; 1983, 469; 1985, 221, 712; 1997, 1210; 1999, 1203; 2003, 2119)
NRS 2.255 Penalties for violations by Clerk. If
the Clerk of the Supreme Court:
1. Violates any of the provisions of
subsections 2 and 3 of NRS 2.250, the Clerk shall
be fined in an amount not exceeding $1,000.
2. Takes greater fees than authorized by
law, the Clerk shall, upon conviction, be removed from office and fined in an
amount not exceeding $1,000.
(Added to NRS by 1985, 711; A 1999, 1205)
NRS 2.260 List of cases submitted to be published monthly by Clerk. The Clerk of the Supreme Court shall, on or
before the 5th day of each calendar month, publish a list of all cases
submitted to the Supreme Court, which remain undecided for a period of more
than 90 days, together with the date of original submission and the dates of
any orders of resubmission. Publication shall be made in a newspaper publishing
advertising for the State. It shall not be necessary to publish the full title
of each case, but the number of the case and so much of the title as is
sufficient to identify the same shall be published.
[1:222:1913; 1919 RL p. 3313; NCL § 8429]
NRS 2.270 Destruction of obsolete exhibits by Clerk. From and after March 5, 1937, and continuing
at convenient dates thereafter, the Clerk of the Supreme Court, with the
approval of the justices, shall destroy any exhibits which have been in the
Clerk’s custody for at least 5 years and which shall have been considered by
the justices to be of no further use or value. The Clerk shall destroy the
exhibits by such means as the Clerk shall determine to be in conformity with
the intent of this section.
[1:42:1937; 1931 NCL § 8445.10]
NRS 2.280 Power of Clerk to take and certify acknowledgments and
affidavits. The Clerk of the
Supreme Court shall have power in any part of the State to take and certify:
1. The acknowledgment of conveyances and
the satisfaction of a judgment of any court.
2. An affidavit to be used in any court of
justice in this state.
[Part 63:19:1865; B § 968; BH § 2482; C § 2563; RL §
4883; NCL § 8425]
NRS 2.290 Bailiff. The
Supreme Court, or a majority thereof, is authorized to designate any person
appointed and employed pursuant to NRS 2.295 to act
as Bailiff of the Supreme Court.
[1:90:1901; A 1923, 19; NCL § 8438] + [Part
8:295:1953; A 1955, 527]—(NRS A 1967, 137; 1969, 312; 2011, 78)
NRS 2.295 Employees to provide safety, security and police duties. The Supreme Court, or a majority thereof, is
authorized to appoint and employ one or more persons to provide for the safety
and security of the justices and employees of the Supreme Court and to carry
out any necessary police duties at the direction of the Chief Justice to
maintain safe and reasonable access to justice for residents of Nevada.
(Added to NRS by 2011, 78)
NRS 2.300 Other employees. The
Supreme Court, or a majority thereof, is authorized to employ stenographic
clerks, law clerks, legal assistants, legal secretaries and other necessary
employees within the limits of the appropriation made for the support of the
Supreme Court.
[Part 1:4:1909; RL § 4891; NCL § 8441]—(NRS A 1957,
543; 1960, 74; 1967, 834; 1971, 828)
NRS 2.310 Official Reporter: Appointment; qualifications. The Supreme Court may appoint an Official
Reporter who must be a certified court reporter and who shall perform such
duties as may be required by the Court.
[Part 1:10:1907; RL § 4889; NCL § 8439]—(NRS A 1973,
1321; 1993,
1409)
NEVADA REPORTS AND ADVANCE SHEETS
NRS 2.320 Reporters of decisions; duties. The
Clerk of the Supreme Court and the Official Reporter are ex officio reporters
of decisions. Whenever any case is finally determined by the Supreme Court or
the Court of Appeals, the reporters of decisions shall make a synopsis of the
opinion and decision of the Supreme Court or the Court of Appeals, as
applicable, in the case. A copy of the opinion together with the synopsis must
be filed by the reporters of decisions with the State Printer.
[1:187:1915; A 1941, 94; 1931 NCL § 5212]—(NRS A
1973, 1453; 1985,
455; 1993,
1499; 1997, 8;
2013, 1728)
NRS 2.330 Bound volumes. The
reporters of decisions shall have the decisions and synopses, together with an
index, table of cases and of statutes and provisions of constitution cited,
printed and bound in volumes of the size, as nearly as may be, of the volumes
heretofore published.
[2:187:1915; A 1941, 94; 1953, 13]
NRS 2.340 Advance sheets: Publication.
1. The State Printer shall furnish the
reporters of decisions with proof sheets for their verification and correction
before publication in permanent form. The State Printer then shall print
immediately each complete Supreme Court decision and Court of Appeals decision
in pamphlet form and shall furnish the Clerk of the Supreme Court with as many
pamphlet copies of each decision as the Clerk determines are necessary for
distribution to licensed attorneys, or any person mentioned in NRS 2.345, or for his or her use and the use of the
justices of the Supreme Court and the judges of the Court of Appeals. Each
decision must be printed and pamphlet copies returned to the Clerk of the
Supreme Court within 14 days, not including the day of delivery, after the
decision has been furnished to the State Printer by the Clerk of the Court. For
good cause shown, the Chief Justice of the Supreme Court may extend the time
within which the decision or decisions may be published.
2. At the time of delivering the copy of
any decision to the State Printer pursuant to the provisions of NRS 2.320, which must be immediately after the
decision is filed, the Clerk of the Supreme Court shall take a receipt for the
decision. The receipt must set forth the date of delivery and the title and
number of the case.
[3:187:1915; A 1951, 367]—(NRS A 1961, 54; 1969,
1517; 1971, 2061; 1973, 1453; 1985, 455; 1993, 1499; 1997, 8; 2013, 1729)
NRS 2.345 Advance sheets: Distribution without charge. The following persons and agencies are
entitled to the supreme court decisions in pamphlet form without charge:
1. Each of the judges of the District
Court of the United States, one copy.
2. The Supreme Court Law Library, two
copies.
3. Each state officer, district judge,
district attorney, county clerk, justice of the peace and municipal judge in
this State, one copy.
4. Each public library in this State, one
copy.
5. Each library in the Nevada System of
Higher Education, one copy.
6. Each newspaper published in this State,
and each commercial television and radio station transmitting in this State,
one copy upon its annual request therefor.
(Added to NRS by 1971, 2059; A 1973, 424; 1977, 484; 1979, 22; 1983, 901; 1993, 360)
NRS 2.350 Title of bound volumes. The
title of each of the bound volumes shall be Nevada Reports, which title,
together with the name of the Clerk of the Supreme Court and the number of the
volume, shall be printed on the back of each book.
[4:187:1915; 1919 RL p. 3315; NCL § 5215]
NRS 2.360 Justices to supervise and direct preparation of material. The work of the reporters of decisions in
preparing the material for the Nevada Reports shall be under the direction and
supervision of the justices of the Supreme Court.
[5:187:1915; 1919 RL p. 3315; NCL § 5216]
NRS 2.370 Duties of stenographic clerks and Clerk of the Court.
1. The stenographic clerks of the Supreme
Court shall, without additional compensation, assist the reporters of decisions
in the preparation of the material for the Nevada Reports.
2. Immediately after the filing of any
decision by the Supreme Court or the Court of Appeals, the Clerk of the Supreme
Court shall mail a copy of such decision to counsel upon each side of the case,
which copy shall bear the certificate of such Clerk to be a full, true and
correct copy of such decision.
[6:187:1915; 1919 RL p. 3315; NCL § 5217]—(NRS A
1960, 152; 2013,
1729)
NRS 2.380 Printing of Nevada Reports. The
State Printer shall cause to be printed upon good paper and in a workmanlike
manner, bound in buckram and delivered to the Legislative Counsel Bureau a number
of copies of each volume of decisions published after February 16, 1967, not
less than 750 and sufficient in the opinion of the Director of the Legislative
Counsel Bureau to meet the requirements for free distribution pursuant to NRS 345.020 and for sale.
[8:187:1915; A 1931, 314; 1949, 586; 1943 NCL §
5219]—(NRS A 1967, 86; 1969, 1518; 1973, 1408, 1453; 1985, 456; 1993, 1499; 1997, 9)
NRS 2.400 Money for printing Nevada Reports and advance sheets. Funds for printing the Nevada Reports and the
pamphlet decisions shall be provided by legislative appropriation from the
General Fund as a budgeted part of the appropriation for the support of the
Supreme Court, and shall be paid out on claims as other claims against the
State are paid.
[Part 3:187:1915; A 1951, 367]
LAW LIBRARY
NRS 2.410 Supervision and control; regulations governing operation. The Supreme Court Law Library shall be under
the supervision and control of the Supreme Court, which may make and enforce
such rules and regulations as may be necessary for the government, use and
services of the Library. Such rules or regulations shall assure that the
Library is accessible for public use and to users in all parts of the State.
(Added to NRS by 1973, 422; A 2001, 3111; 2007, 1972)
NRS 2.420 Hours of use by public. The
justices of the Supreme Court may designate the hours that the Supreme Court
Law Library shall be open for the use of the public.
(Added to NRS by 1973, 423)
NRS 2.430 Librarian and other personnel: Appointment; unclassified
service; leaves of absence.
1. The Supreme Court may appoint a
Librarian, who shall serve at the pleasure of the Supreme Court.
2. The Supreme Court Law Librarian, with
the approval of the Supreme Court, may employ such personnel as the execution
of the Librarian’s duties and the maintenance and operation of the Library may
require.
3. All of the personnel of the Supreme
Court Law Library are exempt from the provisions of chapter 284 of NRS, and are entitled to such leaves
of absence as the Supreme Court prescribes.
(Added to NRS by 1973, 422)
NRS 2.440 Qualifications of Librarian. The
Supreme Court Law Librarian shall:
1. Be a graduate of a library school
accredited by the American Library Association;
2. Have at least 2 years of library
experience in an administrative capacity; and
3. Have at least 1 year of training in a
law school or 2 years of experience as an employee in a law library.
(Added to NRS by 1973, 423)
NRS 2.450 Biennial report. The
Supreme Court Law Librarian shall submit a biennial report to the justices of
the Supreme Court concerning the condition, operation and functioning of the
Law Library.
(Added to NRS by 1973, 423)
NRS 2.460 Purchase and exchange of publications authorized. The Supreme Court Law Librarian may purchase
and exchange the Nevada Reports, Nevada Revised Statutes and supplements or any
other compilation or code of Nevada laws, or any other book or periodical with
other law libraries in the United States in return for their legal
compilations, books or periodicals when, in the judgment of the Supreme Court
Law Librarian, such exchange is in the best interests of the Supreme Court Law
Library.
(Added to NRS by 1973, 423)
NRS 2.470 Charges for services; disposition of receipts.
1. The Supreme Court Law Librarian may
collect a charge from any person who requests any photostatic copy or photocopy
print of any paper or document from the Supreme Court Law Library or who uses
any computerized service for legal research to which the Law Library
subscribes. The amount of the charge must be set by the Supreme Court Law
Librarian but must not exceed the cost of the photographic copying process for
any specific paper or document or the cost to the Law Library for that service.
2. The money collected from the fees must
be deposited in the State Treasurer’s office and credited to the Account of the
Supreme Court Law Library. The receipts may be expended by the Supreme Court
Law Library pursuant to the provisions of law authorizing budgeted expenditures
of money not appropriated from the State General Fund by various state
officers, departments, boards, agencies, commissions and institutions for
specific fiscal years.
(Added to NRS by 1973, 423; A 1987, 505)
NRS 2.480 Money for operation and maintenance; use of Law Library’s
Account.
1. Funds for operation and maintenance of
the Supreme Court Law Library must be provided by legislative appropriation
from the General Fund in the State Treasury as a budgeted part of the
appropriation for the support of the Supreme Court, and must be paid out on
claims as other claims against the State are paid.
2. All unappropriated funds received by
the Supreme Court Law Library shall be deposited in the Supreme Court Law
Library’s Account and must be used for law library purposes.
(Added to NRS by 1973, 423; A 1981, 252)
NRS 2.490 Gifts: Deposit in Law Library Gift Account; use. All gifts of money which the Supreme Court
Librarian is authorized to accept must be deposited in the Supreme Court Law
Library Gift Account, which is hereby created in the State General Fund. The
Account is a continuing account without reversion, and money in the Account
must be used for Supreme Court Law Library purposes only and expended in
accordance with the terms of the gift.
(Added to NRS by 1973, 423; A 1979, 611; 2011, 440)
