[Rev. 11/21/2013 8:56:41
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
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
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
4. As used in this section, “business
court” means, as designated pursuant to the rules of the applicable district
(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)