Nrs: Chapter 13 - Place Of Trial

Link to law: https://www.leg.state.nv.us/NRS/NRS-013.html
Published: 2015

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[Rev. 11/21/2013 8:56:41

AM--2013]



CHAPTER 13 - PLACE OF TRIAL

NRS 13.010             Where

actions are to be commenced.

NRS 13.020             Venue

of actions for recovery of penalties and forfeitures; actions against public

officers; actions against State of Nevada.

NRS 13.030             Venue

of actions by or against counties.

NRS 13.040             Venue

in other cases.

NRS 13.050             Cases

in which venue may be changed.

NRS 13.060             Transfer

of cases for trial to other counties within judicial district when actions

uncontested; stipulations.

_________

_________

 

      NRS 13.010  Where actions are to be commenced.

      1.  When a person has contracted to perform

an obligation at a particular place, and resides in another county, the action

must be commenced, and, subject to the power of the court to change the place

of trial as provided in this chapter, must be tried in the county in which such

obligation is to be performed or in which the person resides; and the county in

which the obligation is incurred shall be deemed to be the county in which it

is to be performed, unless there is a special contract to the contrary.

      2.  Actions for the following causes shall

be tried in the county in which the subject of the action, or some part

thereof, is situated, subject to the power of the court to change the place of

trial as provided in this chapter:

      (a) For the recovery of real property, or an

estate, or interest therein, or for the determination in any form of such right

or interest, and for injuries to real property.

      (b) For the partition of real property.

      (c) For the foreclosure of all liens and

mortgages on real property. Where the real property is situated partly in one

county and partly in another the plaintiff may select either of the counties,

and the county so selected is the proper county for the trial of such action;

but, in the case mentioned in this paragraph, if the plaintiff prays in the

complaint for an injunction pending the action, or applies pending the action

for an injunction, the proper county for the trial shall be the county in which

the defendant resides or a majority of the defendants reside at the commencement

of the action.

      [1911 CPA § 69; A 1935, 210; 1931 NCL § 8568]

      NRS 13.020  Venue of actions for recovery of penalties and forfeitures;

actions against public officers; actions against State of Nevada.  Actions for the following causes must be tried

in the county where the cause, or some part thereof, arose, subject to the

power of the court to change the place of trial:

      1.  For the recovery of a penalty or

forfeiture imposed by statute; except, that when it is imposed for an offense

committed on a lake, river or other stream of water, situated in two or more

counties, the action may be brought in any county bordering on such lake, river

or stream, and opposite to the place where the offense was committed.

      2.  Against a public officer, or person especially

appointed to execute the duties of a public officer, for an act done by him or

her in virtue of the office, or against a person who, by his or her command, or

in his or her aid, does anything touching the duties of the officer.

      3.  Against the State of Nevada or any

agency of the State for any tort action, except that any such tort action may

also be brought in Carson City.

      [1911 CPA § 70; RL § 5012; NCL § 8569]—(NRS A 1993, 147)

      NRS 13.030  Venue of actions by or against counties.

      1.  Actions against a county may be

commenced in the district court of the judicial district embracing the county;

but actions between counties shall be commenced in a court of competent

jurisdiction in any county not a party to the action.

      2.  Immediately on the service of process,

the officer served shall deliver such process and all papers accompanying such

service to the district attorney for the county.

      3.  Actions brought for or against the

county shall be in the name of the county.

      [1911 CPA § 71; RL § 5013; NCL § 8570]

      NRS 13.040  Venue in other cases.  In

all other cases, the action shall be tried in the county in which the

defendants, or any one of them, may reside at the commencement of the action;

or, if none of the defendants reside in the State, or if residing in the State

the county in which they so reside be unknown to the plaintiff, the same may be

tried in any county which the plaintiff may designate in the complaint; and if

any defendant, or defendants, may be about to depart from the State, such

action may be tried in any county where either of the parties may reside or

service be had, subject, however, to the power of the court to change the place

of trial as provided in this chapter.

      [1911 CPA § 72; RL § 5014; NCL § 8571]

      NRS 13.050  Cases in which venue may be changed.

      1.  If the county designated for that

purpose in the complaint be not the proper county, the action may,

notwithstanding, be tried therein, unless the defendant before the time for

answering expires demand in writing that the trial be had in the proper county,

and the place of trial be thereupon changed by consent of the parties, or by

order of the court, as provided in this section.

      2.  The court may, on motion, change the

place of trial in the following cases:

      (a) When the county designated in the complaint

is not the proper county.

      (b) When there is reason to believe that an

impartial trial cannot be had therein.

      (c) When the convenience of the witnesses and the

ends of justice would be promoted by the change.

      (d) When any defendant in a case commenced in a

county without a business court requests a change to a county:

             (1) With a business court; and

             (2) In which the case, if originally

commenced in such county, would be eligible for assignment to the business

court.

      3.  When the place of trial is changed, all

other proceedings shall be had in the county to which the place of trial is

changed, unless otherwise provided by the consent of the parties in writing

duly filed, or by order of the court, and the papers shall be filed or

transferred accordingly.

      4.  As used in this section, “business

court” means, as designated pursuant to the rules of the applicable district

court:

      (a) A business court docket;

      (b) A business matter designation; or

      (c) At least one business court judge.

      [1911 CPA § 73; RL § 5015; NCL § 8572]—(NRS A 2013, 1289)

      NRS 13.060  Transfer of cases for trial to other counties within judicial

district when actions uncontested; stipulations.  In

any civil action where the complaint or petition is uncontested, or where the

parties so stipulate, the court in the county where the action is brought may,

upon application of the parties, or of the complainant or petitioner if the

action is uncontested and all required notices have been given, transfer the

action for trial to another county within the same judicial district.

      (Added to NRS by 1967, 693)