[Rev. 2/10/2015 4:03:18

PM--2014R2]

CHAPTER 69 - COSTS

NRS 69.010             Security

for costs.

NRS 69.020             Prevailing

party entitled to costs.

NRS 69.030             Prevailing

party allowed attorney’s fee to be taxed as costs in justice court.

NRS 69.040             Costs

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

NRS 69.050             Award

of costs to prevailing party by district court on appeal from justice court.

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      NRS 69.010  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 in an action is a

nonresident of the State of Nevada, or a foreign corporation, upon motion of

the opposite party at any time before final judgment such nonresident shall be

required to give security for all costs and charges that may be awarded against

the nonresident plaintiff. When such security shall be required from a

nonresident plaintiff all proceedings in the action shall be stayed until an

undertaking executed by two or more persons and approved by the justice shall

be filed with the justice to the effect that they will pay such costs and

charges as may be awarded against such nonresident plaintiff by judgment or during

the progress of the action. The undertaking shall be in a sum not less than

$100, or in lieu of the undertaking the nonresident plaintiff may deposit $100

in lawful money with the justice, which shall be held subject to the conditions

mentioned in this section for the undertaking. When such security shall be

ordered from a nonresident plaintiff, it shall be furnished within 30 days from

notice of the order, or upon failure to furnish such security, judgment shall

be entered for the defendant.

      3.  A new or additional undertaking or

deposit of cash may be ordered by the justice at any time upon proof that the

original undertaking or deposit is insufficient and proceedings stayed for a

nonresident plaintiff until the same be furnished or judgment entered. After

the lapse of 30 days from notice to a nonresident plaintiff that security has

been ordered as required by this subsection and upon proof that no such

undertaking or deposit of cash has been made, the justice shall enter judgment

against such plaintiff.

      [1911 CPA § 870; A 1917, 424; NCL § 9359]

      NRS 69.020  Prevailing party entitled to costs.  The

prevailing party in justice courts is entitled to costs of the action, and also

of any proceedings taken in aid of an execution issued upon any judgment

recovered therein.

      [1911 CPA § 871; RL § 5813; NCL § 9360]

      NRS 69.030  Prevailing party allowed attorney’s fee to be taxed as costs in

justice court.  The prevailing

party in any civil action at law in the justice courts of this State shall

receive, in addition to the costs of court as now allowed by law, a reasonable

attorney fee. The attorney fee shall be fixed by the justice and taxed as costs

against the losing party.

      [Part 1911 CPA § 872; A 1921, 89; 1925, 331; 1937,

30; 1931 NCL § 9361]

      NRS 69.040  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 prevailing party.

      2.  The party in whose favor judgment is

rendered and who claims costs must deliver to the justice, and serve a copy

upon the adverse party, within 2 days after the verdict or notice of the

decision of the justice, or such further time as may be granted, a memorandum

of the items of the costs and necessary disbursements in the action, which

memorandum must be verified by the oath of the party or the party’s attorney or

agent or by the clerk of the party’s attorney, stating that to the best of his

or her knowledge and belief the items are correct and that the disbursements

have been necessarily incurred in the action. The party in whose favor judgment

is rendered shall be entitled to recover the witness fees, although at the time

the party may not have actually paid them.

      3.  Issuance or service of subpoena shall

not be necessary to entitle the prevailing party to tax as costs witness fees

and mileage, providing that such witnesses be sworn and testify in the cause.

      4.  It shall not be necessary to embody in

the memorandum the fees of the justice, but the justice shall add the same

according to the fees of the justice fixed by statute.

      5.  Within 2 days after service of a copy

of the memorandum, the adverse party may move the court, upon 2 days’ notice to

retax and settle the costs, a copy of which notice of motion shall be filed and

served upon the prevailing party claiming costs, and thereupon the justice

shall settle the costs.

      6.  If the judgment is entered by default

it shall not be necessary to make service of a copy of the cost bill.

      [1911 CPA § 836; A 1913, 364; 1925, 15; NCL § 9325]

      NRS 69.050  Award of costs to prevailing party by district court on appeal

from justice court.  In the event

of an appeal, the district court is authorized to award to the prevailing party

all costs of court as now allowed by law incurred by such party, and also a

reasonable attorney fee to be fixed and allowed by the district court for all

services rendered in behalf of the prevailing party.

      [Part 1911 CPA § 872; A 1921, 89; 1925, 331; 1937,

30; 1931 NCL § 9361]