[Rev. 2/10/2015 3:56:34
PM--2014R2]
CHAPTER 3 - DISTRICT COURTS
GENERAL PROVISIONS
NRS 3.001 Definitions.
NRS 3.002 “Chief
Judge” defined.
NRS 3.004 “Department
of the family court” defined.
NRS 3.006 “Family
court” defined.
NRS 3.008 “Jurisdiction
of the family court” defined.
COURTS AND JUDGES
NRS 3.010 Judicial
districts: Number; constitution.
NRS 3.0105 Establishment
of family court in county whose population is 100,000 or more; assignment of
judges; required instruction.
NRS 3.0107 Imposition
of ad valorem tax authorized for support of family court.
NRS 3.011 Number
of district judges for First Judicial District.
NRS 3.012 Number
of district judges for Second Judicial District who are not family court
judges.
NRS 3.0125 Number
of district judges for Second Judicial District who are family court judges.
NRS 3.013 Number
of district judges for Third Judicial District.
NRS 3.014 Number
of district judges for Fourth Judicial District.
NRS 3.015 Number
of district judges for Fifth Judicial District.
NRS 3.016 Number
of district judges for Sixth Judicial District.
NRS 3.017 Number
of district judges for Seventh Judicial District.
NRS 3.018 Number
of district judges for Eighth Judicial District who are not family court
judges.
NRS 3.0185 Number
of district judges for Eighth Judicial District who are family court judges.
NRS 3.019 Number
of district judges for Ninth Judicial District.
NRS 3.0195 Number
of district judges for Tenth Judicial District.
NRS 3.020 Judicial
districts with more than one judge: Concurrent jurisdiction of judges.
NRS 3.025 Chief
Judge in certain judicial districts: Selection; duties; assignment of certain
cases to same department of family court.
NRS 3.026 Chief
Judge in certain judicial districts: Additional duties.
NRS 3.027 Courses
of instruction: General requirements; payment of costs.
NRS 3.028 Courses
of instruction: Required attendance at course designed for training new judges
of juvenile courts and family courts; payment of costs.
NRS 3.029 Training
concerning complex issues of medical malpractice litigation.
NRS 3.030 Salary.
NRS 3.040 Ex
officio circuit judges; powers of Chief Justice to expedite judicial business.
NRS 3.060 Qualifications.
NRS 3.070 Resignation.
NRS 3.080 Vacancy
filled by Governor; term.
NRS 3.090 Pensions.
[Effective through June 30, 2015.]
NRS 3.090 Pensions.
[Effective July 1, 2015.]
NRS 3.092 Retirement
because of incapacity, disability or advanced age.
NRS 3.095 Benefits
for surviving spouse.
NRS 3.097 Benefits
for surviving child.
NRS 3.098 Benefits
for survivor beneficiary and additional payees.
NRS 3.099 Application
and administration of provisions concerning pensions, retirement and benefits.
NRS 3.100 District
court to be held at county seat; exceptions; courtroom, office and facilities
to be provided by county.
NRS 3.110 Request
for military aid to assist civil authorities in suppressing violence.
NRS 3.120 District
judge not to practice law.
NRS 3.130 Acceptance
of gratuity in connection with marriage unlawful.
NRS 3.140 Absence
from State; forfeiture of office.
NRS 3.150 Power
to take and certify acknowledgments and affidavits.
NRS 3.155 Use
of facsimile signature: Conditions and restrictions.
NRS 3.160 Missing
volumes of Statutes of Nevada and Nevada Reports to be supplied.
NRS 3.170 Signing
of records left unsigned by predecessor.
NRS 3.180 Performance
of certain acts in civil actions after term expires or cessation of exercise of
duties.
NRS 3.220 Equal
coextensive and concurrent jurisdiction.
NRS 3.221 Transfer
of original jurisdiction to justice court.
NRS 3.223 Jurisdiction
of family courts.
NRS 3.225 Family
court to encourage resolution of certain disputes through nonadversarial
methods; cooperation to provide support services.
NRS 3.227 Information
form for family court: Development; contents; use.
NRS 3.230 Statements
upon matters of fact.
NRS 3.240 Written
decisions.
NRS 3.241 Ruling
that provision of Nevada Constitution or Nevada Revised Statutes is
unconstitutional: Prevailing party to provide copy of ruling to Attorney
General.
NRS 3.243 Report
of certain statistical information to be submitted to Court Administrator.
OFFICERS AND EMPLOYEES
NRS 3.245 Appointment
of masters for criminal proceedings.
NRS 3.250 County
clerk to be clerk of court.
NRS 3.260 Deputy
clerks.
NRS 3.270 Duty
of clerks to give receipts and pay over money.
NRS 3.275 Clerk
to obtain and maintain information regarding cases.
NRS 3.280 Clerk
to keep register of civil actions.
NRS 3.300 Power
of clerks to take and certify acknowledgments and affidavits.
NRS 3.305 Destruction
or disposal of exhibits by clerk.
NRS 3.307 Destruction
or disposal of exhibits in civil actions.
NRS 3.310 Bailiffs
and deputy marshals: Appointment; duties; qualifications; compensation.
NRS 3.320 Official
reporter: Appointment; duties.
NRS 3.340 Official
reporter: Attention to duties; reporter pro tempore.
NRS 3.350 Official
reporter: Oath of office.
NRS 3.360 Official
reporter: Transcript prima facie evidence.
NRS 3.370 Official
reporter: Compensation.
NRS 3.380 Sound
recording equipment: Installation; operation; transcription of recording; use
of transcript; provision by party of certified court reporter; effect.
ACTIONS RELATING TO PATERNITY OR SUPPORT OF CHILDREN
NRS 3.405 Masters:
Appointment; powers and duties; findings.
NRS 3.415 Time
for disposition of cases.
MEDIATION OF CASES INVOLVING CUSTODY OR VISITATION OF CHILD
NRS 3.475 Establishment
of programs of mandatory mediation in county whose population is 700,000 or
more.
NRS 3.500 Establishment
of programs of mandatory mediation in county whose population is 100,000 or
more but less than 700,000.
_________
_________
GENERAL PROVISIONS
NRS 3.001 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 3.002 to 3.008, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1999, 706; A 1999, 2025)
NRS 3.002 “Chief Judge” defined. “Chief
Judge” means a district judge who is chosen as the Chief Judge of a judicial
district pursuant to NRS 3.025.
(Added to NRS by 1999, 706)
NRS 3.004 “Department of the family court” defined. “Department of the family court” means any
department of the district court that is designated as a department of the
family court.
(Added to NRS by 1999, 2019)
NRS 3.006 “Family court” defined. “Family
court” means the division of the district court that is established as a family
court pursuant to NRS 3.0105.
(Added to NRS by 1999, 706)
NRS 3.008 “Jurisdiction of the family court” defined. “Jurisdiction of the family court” means the
jurisdiction of the family court that is established in NRS
3.223.
(Added to NRS by 1999, 2020)
COURTS AND JUDGES
NRS 3.010 Judicial districts: Number; constitution. The State is hereby divided into 10 judicial
districts, as follows:
First Judicial District. Carson
City and the County of Storey constitute the First Judicial District.
Second Judicial District. The
County of Washoe constitutes the Second Judicial District.
Third Judicial District. The County
of Lyon constitutes the Third Judicial District.
Fourth Judicial District. The
County of Elko constitutes the Fourth Judicial District.
Fifth Judicial District. The
Counties of Mineral, Esmeralda and Nye constitute the Fifth Judicial District.
Sixth Judicial District. The
Counties of Lander, Pershing and Humboldt constitute the Sixth Judicial
District.
Seventh Judicial District. The
Counties of Eureka, White Pine and Lincoln constitute the Seventh Judicial
District.
Eighth Judicial District. The
County of Clark constitutes the Eighth Judicial District.
Ninth Judicial District. The County
of Douglas constitutes the Ninth Judicial District.
Tenth Judicial District. The County
of Churchill constitutes the Tenth Judicial District.
[1:440:1955]—(NRS A 1957, 144, 362; 1960, 329; 1965,
558; 1967, 1347; 1969, 312; 1971, 1086; 1973, 1706; 1975, 506, 1459; 1977, 663, 1399; 1979, 1103; 1981, 1953; 2011, 1772)
NRS 3.0105 Establishment of family court in county whose population is
100,000 or more; assignment of judges; required instruction.
1. There is hereby established, in each
judicial district that includes a county whose population is 100,000 or more, a
family court as a division of the district court.
2. If the caseload of the family court so
requires, the Chief Judge may assign one or more district judges of the
judicial district to act temporarily as judges of the family court.
3. If for any reason a judge of the family
court is unable to act, any other district judge of the judicial district may
be assigned as provided in subsection 2 to act temporarily as judge of the
family court.
4. A district judge assigned to the family
court pursuant to subsection 2 or 3 for a period of 90 or more days must attend
the instruction required pursuant to subsection 1 of NRS
3.028. District judges must not be assigned to the family court pursuant to
subsections 2 and 3 on a rotating basis.
(Added to NRS by 1991, 2174; A 1995, 1493; 1999, 706)
NRS 3.0107 Imposition of ad valorem tax authorized for support of family
court.
1. For the fiscal years beginning on and
after July 1, 1991, the board of county commissioners of each county whose
population is 100,000 or more may levy an ad valorem tax of not more than 1.92
cents on each $100 of assessed valuation upon all taxable property in the
county for the support of the family court in the judicial district that
includes that county.
2. The proceeds of the tax imposed
pursuant to this section are exempt from the limitations imposed by NRS 354.59811 and must be excluded in
determining the allowed revenue from taxes ad valorem for the county.
(Added to NRS by 1991, 2323)
NRS 3.011 Number of district judges for First Judicial District. For the First Judicial District there must be
two district judges.
(Added to NRS by 1981, 1954)
NRS 3.012 Number of district judges for Second Judicial District who are
not family court judges. For the
Second Judicial District there must be nine district judges who are not judges
of the family court.
(Added to NRS by 1979, 1104; A 1989, 955; 1991, 2175; 1997, 3; 2001, 2746; 2007, 1729, 1974; 2009, 2477)
NRS 3.0125 Number of district judges for Second Judicial District who are
family court judges. For the
Second Judicial District, in addition to the district judges established
pursuant to NRS 3.012, there must be six district
judges who are judges of the family court.
(Added to NRS by 2007, 1974)
NRS 3.013 Number of district judges for Third Judicial District. For the Third Judicial District there must be
two district judges.
(Added to NRS by 1981, 1954; A 1987, 1859; 1997, 1733; 2011, 1773)
NRS 3.014 Number of district judges for Fourth Judicial District. For the Fourth Judicial District there must be
two district judges.
(Added to NRS by 1981, 1954; A 1987, 1859)
NRS 3.015 Number of district judges for Fifth Judicial District. For the Fifth Judicial District there must be
two district judges.
(Added to NRS by 1981, 1954; A 1999, 2575)
NRS 3.016 Number of district judges for Sixth Judicial District. For the Sixth Judicial District there must be
two district judges.
(Added to NRS by 1981, 1954)
NRS 3.017 Number of district judges for Seventh Judicial District. For the Seventh Judicial District there must
be two district judges.
(Added to NRS by 1981, 1954; A 1991, 2170)
NRS 3.018 Number of district judges for Eighth Judicial District who are
not family court judges. For the
Eighth Judicial District there must be 32 district judges who are not judges of
the family court.
(Added to NRS by 1981, 1135, 1954; A 1981, 1956; 1991, 2176; 1995, 854; 1997, 1753; 1999, 2610; 2001, 2746; 2005, 1970; 2007, 1729, 1974; 2009, 2477)
NRS 3.0185 Number of district judges for Eighth Judicial District who are
family court judges. For the
Eighth Judicial District, in addition to the district judges established
pursuant to NRS 3.018, there must be 20 district
judges who are judges of the family court.
(Added to NRS by 2007, 1974; 2009, 2477)
NRS 3.019 Number of district judges for Ninth Judicial District. For the Ninth Judicial District there must be
two district judges.
(Added to NRS by 1981, 1954)
NRS 3.0195 Number of district judges for Tenth Judicial District. For the Tenth Judicial District there must be
one district judge.
(Added to NRS by 2011, 1772)
NRS 3.020 Judicial districts with more than one judge: Concurrent
jurisdiction of judges. In
judicial districts where more than one judge has been provided for, the judges
have concurrent and coextensive jurisdiction within the district, under such
rules as may be prescribed by law, and the district judges therein may make
additional rules, not inconsistent with law, which will enable them to transact
judicial business in a convenient and lawful manner.
[2:440:1955]—(NRS A 1981, 1954)
NRS 3.025 Chief Judge in certain judicial districts: Selection; duties;
assignment of certain cases to same department of family court.
1. In each judicial district that includes
a county whose population is 100,000 or more, the district judges of that judicial
district shall choose from among those district judges a Chief Judge who is to
be the presiding judge of the judicial district.
2. The Chief Judge shall:
(a) Assign cases to each judge in the judicial
district;
(b) Prescribe the hours of court;
(c) Adopt such other rules or regulations as are
necessary for the orderly conduct of court business; and
(d) Perform all other duties of the Chief Judge
or of a presiding judge that are set forth in this chapter and any other
provision of NRS.
3. If a case involves a matter within the
jurisdiction of the family court and:
(a) The parties to the case are also the parties
in any other pending case or were the parties in any other previously decided
case assigned to a department of the family court in the judicial district; or
(b) A child involved in the case is also involved
in any other pending case or was involved in any other previously decided case
assigned to a department of the family court in the judicial district, other
than a case within the jurisdiction of the juvenile court pursuant to title 5
of NRS,
Ê the Chief
Judge shall assign the case to the department of the family court to which the
other case is presently assigned or, if the other case has been decided, to the
department of the family court that decided the other case, unless a different
assignment is required by another provision of NRS, a court rule or the Nevada
Code of Judicial Conduct or the Chief Judge determines that a different
assignment is necessary because of considerations related to the management of
the caseload of the district judges within the judicial district. If a case
described in this subsection is heard initially by a master, the
recommendation, report or order of the master must be submitted to the district
judge of the department of the family court to which the case has been assigned
pursuant to this subsection for consideration and decision by that district
judge.
(Added to NRS by 1971, 1502; A 1981, 873; 1999, 706, 2020; 2003, 1114)
NRS 3.026 Chief Judge in certain judicial districts: Additional duties.
1. In each judicial district that includes
a county whose population is 100,000 or more, in addition to the other duties
set forth in NRS 3.025:
(a) The Chief Judge shall ensure that:
(1) The procedures which govern the
consideration and disposition of cases and other proceedings within the
jurisdiction of the district court are applied as uniformly as practicable; and
(2) Cases and other proceedings within the
jurisdiction of the district court are considered and decided in a timely
manner.
(b) Except as otherwise provided in subsection 2,
the Chief Judge shall establish procedures for addressing grievances that are:
(1) Submitted to the Chief Judge by a
party in a case or other proceeding within the jurisdiction of the district
court; and
(2) Directly related to the administration
of the case or other proceeding.
2. For the purposes of paragraph (b) of subsection
1, a party in a case or other proceeding within the jurisdiction of the
district court may not submit to the Chief Judge a grievance that:
(a) Addresses, in whole or in part, the merits of
the case or other proceeding; or
(b) Challenges, in whole or in part, the merits
of any decision or ruling in the case or other proceeding that is made by:
(1) The district court; or
(2) A master or other person who is acting
pursuant to an order of the district court or pursuant to any authority that is
granted to the master or other person by a specific statute, including, without
limitation, NRS 3.405, 3.475
and 3.500.
(Added to NRS by 1999, 703)
NRS 3.027 Courses of instruction: General requirements; payment of costs.
1. The Court Administrator shall, at the
direction of the Chief Justice of the Supreme Court, arrange for the giving of
instruction, at the National Judicial College in Reno, Nevada, or elsewhere:
(a) In court procedure, recordkeeping and the
elements of substantive law appropriate to a district court, to each district
judge, other than a judge of the family court, who is first elected or
appointed to office after October 1, 1995, within 12 months after taking
office, and to other district judges who so desire and who can be accommodated.
(b) In court procedure, recordkeeping and the
elements of substantive law appropriate to a district court, to each judge of
the family court who is first elected or appointed to office after October 1,
1995, within 24 months after taking office.
(c) In statutory amendments and other
developments in the law appropriate to a district court, to all district judges
at convenient intervals.
2. The costs of the instruction must be
paid from the Account for Continuing Judicial Education. The Court
Administrator shall administer the Account and claims against the Account must
be paid as other claims against the State are paid.
(Added to NRS by 1981, 1368; A 1985, 713; 1987, 1025; 1995, 1494)
NRS 3.028 Courses of instruction: Required attendance at course designed
for training new judges of juvenile courts and family courts; payment of costs.
1. Unless the judge has previously
attended such a course, each judge of the family court who is first elected or
appointed on or after October 1, 1995, shall attend instruction at the National
College of Juvenile and Family Law in Reno, Nevada, in a course designed for
the training of new judges of juvenile courts and family courts, within 12
months after taking office.
2. Unless the judge has previously
attended such a course, each district judge who is first elected or appointed
on or after October 1, 1995, in a judicial district that does not include a
county whose population is 100,000 or more, shall attend instruction at the
National College of Juvenile and Family Law in Reno, Nevada, in a course
designed for the training of new judges of juvenile courts and family courts,
within 24 months after taking office.
3. The cost of the instruction must be
paid from the Account for Continuing Judicial Education.
(Added to NRS by 1991, 2175; A 1995, 1494)
NRS 3.029 Training concerning complex issues of medical malpractice
litigation. The Supreme Court
shall provide by court rule for mandatory appropriate training concerning the
complex issues of medical malpractice litigation for each district judge to whom
actions involving medical malpractice are assigned.
(Added to NRS by 2002
Special Session, 12)
NRS 3.030 Salary.
1. Until the first Monday in January 2009,
the annual base salary of each district judge is $130,000. From and after the
first Monday in January 2009, the annual base salary of each district judge is
$160,000.
2. If a district judge has served in his
or her office for at least 4 years, the district judge is entitled to an
additional salary of 2 percent of his or her annual base salary for each year
of service. The additional salary must not exceed 22 percent of his or her
annual base salary.
3. The annual base salaries and the
additional salary for longevity must be paid in biweekly installments out of
the State Judicial Elected Officials Account of the Supreme Court.
4. No salary of any district judge may be
paid in advance.
[3:440:1955]—(NRS A 1961, 658; 1965, 1154; 1969, 790;
1971, 2205; 1977,
1013; 1981,
252, 1360;
1985, 1607,
1608; 1989, 1896, 2119; 1995, 2515; 1999, 3196; 2001, 3112; 2007, 1751; 2011, 2170)
NRS 3.040 Ex officio circuit judges; powers of Chief Justice to expedite
judicial business.
1. The district judges shall also serve as
ex officio circuit judges, and in that capacity shall perform such judicial
duties as may be designated by the Chief Justice of the Supreme Court as
provided in subsection 2.
2. The Chief Justice shall seek to
expedite judicial business and to equalize the work of the district judges, and
shall provide for the assignment of any district judge to another district
court to assist a court or judge whose calendar is congested, to act for a
district judge who is disqualified or unable to act, or to sit and hold court
where a vacancy in the office of district judge has occurred.
[5:440:1955]—(NRS A 1961, 659; 1981, 1954)
NRS 3.060 Qualifications.
1. A person may not be a candidate for and
is not eligible to the office of district judge 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 a total of not less than 10 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 district judge 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 2:108:1866; A 1953, 711; 1955, 459] + [Part
1:217:1909; A 1931, 9; 1931 NCL § 618]—(NRS A 1977, 762; 1999, 94; 2005, 1211)
NRS 3.070 Resignation. Resignation
of office by a district judge must be made to the Governor and to the Court Administrator.
The Governor shall notify the Court Administrator as soon as practicable upon
his or her acceptance of the resignation or retirement of a district judge.
[Part 34:108:1866; B § 2632; BH § 1669; C § 1815; RL
§ 2798; NCL § 4798]—(NRS A 1989, 326)
NRS 3.080 Vacancy filled by Governor; term.
1. The Governor shall declare vacant the
office of district judge.
2. Whenever any vacancy shall occur in the
office of district judge 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 district
judge shall be chosen for the balance of the unexpired term.
[Part 38:108:1866; B § 2636; BH § 1673; C § 1819; RL
§ 2802; NCL § 4802] + [Part 48:108:1866; B § 2646; BH § 1683; C § 1829; RL §
2812; NCL § 4812]
NRS 3.090 Pensions. [Effective through June 30, 2015.]
1. Any judge of the district court who has
served as a justice of the Supreme Court, judge of the Court of Appeals or
judge of 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 judge of the district court who has
served as a justice of the Supreme Court, judge of the Court of Appeals or
judge of 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 judge of the district 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 judge 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 district judge 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
retirement 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 in the Public Employees’
Retirement System.
7. Any judge of the district court 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
he or she 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 judge who has retired and is
thereafter recalled to additional active service in the court system as a
senior judge, senior justice of the peace or senior municipal court judge 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 judge of the district court 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] +
[4:118:1937; 1931 NCL § 4881.04]—(NRS A 1957, 284; 1960, 398; 1971, 245; 1975,
371; 1979, 1083;
1981, 891; 1983, 840; 1985, 859; 1987, 835; 1993, 1169; 2001, 3112; 2001
Special Session, 90; 2003, 221; 2007, 1974; 2009, 2220,
2221, 2222; 2013, 1729)
NRS 3.090 Pensions. [Effective July
1, 2015.]
1. Any judge of the district court who has
served as a justice of the Supreme Court, judge of the Court of Appeals or
judge of 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 judge of the district court who has
served as a justice of the Supreme Court, judge of the Court of Appeals or
judge of 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 judge of the district 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 judge 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 district judge 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
retirement 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 in the Public Employees’
Retirement System.
7. Any judge of the district court 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
he or she 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 judge of the district court 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] +
[4:118:1937; 1931 NCL § 4881.04]—(NRS A 1957, 284; 1960, 398; 1971, 245; 1975,
371; 1979, 1083;
1981, 891; 1983, 840; 1985, 859; 1987, 835; 1993, 1169; 2001, 3112; 2001
Special Session, 90; 2003, 221; 2007, 1974; 2009, 2220,
2221, 2222; 2013, 1729,
effective July 1, 2015)
NRS 3.092 Retirement because of incapacity, disability or advanced age.
1. A district judge who has served as a
district judge, a judge of the Court of Appeals or a justice of the Supreme
Court 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 district judge who retires pursuant
to the provisions of subsection 1 or who is retired because of advanced age or
physical or mental 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, a pension for the remainder of his or her life, the same
pension the judge would receive under NRS 3.090
based on his or her years of service but without regard to his or her age.
3. Any judge, or a guardian of a judge on
behalf of the judge if the judge 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 judge and report the results to the Governor in writing. If a
majority of the physicians is of the opinion that the judge is permanently
incapacitated, physically or mentally, the Governor shall approve the
retirement. The judge or a guardian of the judge must file with the Executive
Officer of the Public Employees’ Retirement Board an affidavit setting forth
the fact of the judge’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 payable under NRS 3.090. Fees and expenses of physicians appointed
pursuant to this section must be paid 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 judge who may have retired or been retired pursuant to its
provisions.
(Added to NRS by 1985, 1881; A 1993, 1170; 2001
Special Session, 91; 2013, 1730)
NRS 3.095 Benefits for surviving spouse.
1. If a district judge at the time of his
or her death had retired and was then receiving a pension under the provisions
of NRS 3.090, or if at the time of his or her death
the judge had not retired but had performed sufficient service for retirement
under the provisions of NRS 3.090, 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 judge is not
eligible to receive benefits pursuant to subsection 1, the spouse is entitled,
until the spouse’s death or remarriage 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 286.674
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 Fund 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.
(Added to NRS by 1965, 1153; A 1975, 310; 1979, 947; 1981, 1206; 1985, 1890; 1987, 798, 1606; 1989, 2022; 1991, 2442; 1995, 1708; 1999, 2949; 2001
Special Session, 92)
NRS 3.097 Benefits for surviving child.
1. Each child of a deceased district judge
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, 92)
NRS 3.098 Benefits for survivor beneficiary and additional payees.
1. A district judge may designate, in
writing, a survivor beneficiary and one or more additional payees to receive
the payments provided pursuant to this section if the judge is unmarried on the
date of the judge’s death. A designation pursuant to this section must be made
on a form approved by the Court Administrator. If the district judge has designated
one or more payees in addition to the survivor beneficiary, the district judge
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 district judge at the time of his or her death had retired and
was then receiving a pension pursuant to the provisions of NRS 3.090, or if at the time of his or her death the
district judge had not retired but had performed sufficient service for
retirement pursuant to the provisions of NRS 3.090,
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 district judge
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 district judge pursuant to subsection 1.
3. Except as otherwise provided in this
subsection, if a survivor beneficiary of a district judge 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 district judge 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 district judge 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, 1293; A 2001
Special Session, 101, 102; 2003, 2075)
NRS 3.099 Application and administration of provisions concerning
pensions, retirement and benefits. The
provisions of NRS 3.090 to 3.099,
inclusive:
1. Apply only to a district judge or a
surviving spouse or surviving child of a district judge 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, 90)
NRS 3.100 District court to be held at county seat; exceptions; courtroom,
office and facilities to be provided by county.
1. Except as otherwise provided in this
subsection, the district courts shall hold court at the county seat of their
respective counties. The board of county commissioners may establish one or
more additional locations within the county for the district court to hold
court.
2. If a room for holding court at the
county seat is not provided by the county, together with attendants, fuel,
lights and stationery, suitable and sufficient for the transaction of business,
the court may direct the sheriff to provide such room, attendants, fuel, lights
and stationery, and the expenses thereof shall be a county charge.
3. An office at each county seat must be
provided and furnished by and at the expense of the several counties for the
several district judges. Whenever the county commissioners of any county
neglect or refuse to provide and furnish such an office for the use of the
district judge, the district judge may make an order, which must be entered
upon the minutes of the court, requiring the sheriff to provide and furnish the
office. The necessary expenses incurred therein are a legal and valid claim
against the county.
[1:66:1869; B § 2916; BH § 1928; C § 2577; RL § 4921;
NCL § 8468] + [18:19:1865; B § 926; BH § 2440; C § 2521; RL § 4841; NCL §
8383]—(NRS A 1999,
2575)
NRS 3.110 Request for military aid to assist civil authorities in
suppressing violence. When there
is an unlawful or riotous assembly with the intent to commit a felony, or to
offer violence to person or property, or to resist, by force, the laws of the
State, and the fact is made to appear to a district judge, the district judge
may call upon the Governor for military aid in the manner provided by law, to
aid the civil authorities in suppressing violence and enforcing the laws.
[Part 93:108:1866; B § 2691; BH § 1728; C § 1874; RL
§ 2840; NCL § 4840] + [94:108:1866; B § 2692; BH § 1729; C § 1875; RL § 2841;
NCL § 4841]—(NRS A 1967, 1340)
NRS 3.120 District judge not to practice law. A
district judge may not engage in the private practice of law.
[Part 46:19:1865; B § 951; BH § 2465; C § 2546; RL §
4866; NCL § 8408]—(NRS A 1979, 1286)
NRS 3.130 Acceptance of gratuity in connection with marriage unlawful. It shall be unlawful for any district judge,
acting as district judge or ex officio circuit judge, to accept any fee,
gratuity or any thing of value for or in connection with solemnizing any
marriage in this state.
[4:440:1955]
NRS 3.140 Absence from State; forfeiture of office. A district judge 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 3.150 Power to take and certify acknowledgments and affidavits. The judges of the district courts 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 of this state.
[Part 63:19:1865; B § 968; BH § 2482; C § 2563; RL §
4883; NCL § 8425]
NRS 3.155 Use of facsimile signature: Conditions and restrictions.
1. Each district judge may use a facsimile
signature produced through a mechanical device in place of the judge’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 district judge 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)
NRS 3.160 Missing volumes of Statutes of Nevada and Nevada Reports to be
supplied. Upon the certification
by any district judge of any judicial district or by the county clerk of any
county to the Director of the Legislative Counsel Bureau certifying that
certain volumes of the Statutes of Nevada or Nevada Reports are missing from
the library of any district judge, the Legislative Counsel Bureau shall
furnish, free of charge from the supply on hand, to the district judge in any
judicial district, the missing volumes of the Statutes of Nevada or Nevada
Reports for use by the district judge in the district judge’s library.
[1:54:1935; 1931 NCL § 8452.10]—(NRS A 1969, 26;
1973, 1408; 1985,
222)
NRS 3.170 Signing of records left unsigned by predecessor. At any time after March 22, 1911, it shall be
lawful for the district judge of each judicial district, during the judge’s
continuance in office, to sign any and all minutes and records of the court of
the district for which he or she is incumbent, in whatsoever district or county
the same may be, left unsigned by the judge’s predecessor in office or by any
district judge previously sitting in the district or county, and such minutes
and records, when thus signed, shall have the same force and effect to which
they would have been entitled had they been signed by such predecessor in
office, or by such district judge previously sitting in the district or the
county.
[1:161:1911; RL § 4923; NCL § 8470]
NRS 3.180 Performance of certain acts in civil actions after term expires
or cessation of exercise of duties.
1. Any records left unsigned by a district
judge at the judge’s retirement, resignation or at the expiration of his or her
term of office may be signed by the judge during the 12 months following his or
her departure from office. A district judge removed by the Legislature or
removed or retired by the Commission on Judicial Discipline, or who resigns or
retires during the pendency of a proceeding against the judge before the
Commission on Judicial Discipline, shall not exercise any judicial duties under
this section.
2. All judges about to retire from office
by reason of resignation or the expiration of their term shall, before such
retirement, decide all cases and matters submitted to them and remaining
undetermined. The decision or decisions shall be entered in the minutes of the
court and, if in writing, shall be filed with the clerk of the court before
retirement. The clerk of the court shall serve upon all parties to such case or
matter, in the manner provided by law, notice of the entry of judgment with a
true copy of the minutes or of the written decision within 90 days from and
after the decision shall have been so entered in the minutes or the written
decision so filed. The parties, or either or any of them, entitled by law or by
lawful order of court duly made and entered before such retirement to present
to such judge written findings of fact, conclusions of law, and judgment and
decree, may at any time within 8 months from and after such entry or filing of
decision deliver to the retiring judge and serve upon all the other parties to
any such case or matter, in the manner provided by law, such written findings
of fact, conclusions of law, and judgment and decree as they, or either or any
of them, may propose in such case or matter litigated and determined therein.
In any such case or matter so decided, such other parties thereto so served
with such proposed written findings of fact, conclusions of law, and judgment
and decree, or either or any of them, may at any time within 30 days from and
after such service of the proposed written findings of fact, conclusions of
law, and judgment and decree deliver to the retiring judge such written
objections and exceptions thereto as legally may be made and taken pursuant to
law, and serve the same upon the opposite party or parties in any such case or
matter in the manner provided by law. Thereafter at any time within 12 months
after such case shall have been so decided and the decision so entered in the
minutes of the court or the written decision filed, the former judge so having
retired from office may hear, rule upon, allow and determine such objections
and exceptions as may have been delivered to the judge and served upon the
opposite party or parties, and settle, sign, and enter the final written
findings of fact, conclusions of law, and judgment and decree and file the same
with the clerk of the court where such case or matter is pending and cause the
same to be served upon the adverse party or parties therein in the manner
provided by law or as directed by the former district judge. The acts of such
judge in so hearing, ruling upon, allowing and determining such objections and
exceptions, and in settling and signing final written findings of fact,
conclusions of law, and judgment and decree so settled and signed by the judge,
and also in making any lawful order incident thereto, shall be valid for all
purposes as if done prior to his or her retirement from office.
3. In case of the death, removal by the
Legislature or removal or retirement by the Commission on Judicial Discipline
of a district judge after he or she has rendered and filed a decision or
opinion or caused the same to be entered in the minutes of the court and before
the filing of findings or the entry of judgment, the succeeding judge of the
court in which such cause was tried shall make an examination of the decision
or opinion, the minutes of such cause, the pleadings, the record and reporter’s
notes taken therein, if any, and shall sign and settle the findings, and cause
judgment to be entered in the same manner as if such succeeding judge had
presided at the trial of the cause.
4. In any case of retirement from office
of a district judge, or of the judge’s death, or of the judge’s ceasing, for
any cause, to exercise the duties and functions of office, and the entry of
judgment and decree thereafter as provided for in this section, the party or
parties entitled under the law to appeal from any final judgment and decree may
take an appeal in the manner provided for by Nevada Rules of Appellate
Procedure from any such judgment and decree so entered.
5. The records when thus signed shall have
the same legal force and effect that they would be entitled to had they been
signed or settled by the judge while in the exercise of his or her office.
6. The provisions of subsection 5 of this
section shall not be deemed to take from the successors of any district judge
the power to sign any record as heretofore authorized by law.
[1911 CPA § 547; A 1925, 114; 1931, 28; 1931 NCL §
9036] + [1911 CPA § 548; RL § 5490; NCL § 9037] + [1911 CPA § 549; RL § 5491;
NCL § 9038]—(NRS A 1977, 771)
NRS 3.220 Equal coextensive and concurrent jurisdiction. The district judges shall possess equal
coextensive and concurrent jurisdiction and power. They each shall have power
to hold court in any county of this State. They each shall exercise and perform
the powers, duties and functions of the court and of judges thereof and of
judges at chambers. The decision in an action or proceeding may be written or
signed at any place in the State by the judge who acted on the trial and may be
forwarded to and filed by the clerk, who shall thereupon enter judgment as
directed in the decision, or judgment may be rendered in open court, and, if so
rendered, shall be entered by the clerk accordingly. If the public business
requires, each judge may try causes and transact judicial business in the same
county at the same time. Each judge shall have power to transact business which
may be done in chambers at any point within the State, and court shall be held
in each county at least once in every 6 months and as often and as long as the
business of the county requires. All of this section is subject to the
provision that each judge may direct and control the business in his or her own
district and shall see that it is properly performed.
[1:59:1895; C § 2573; RL § 4922; NCL § 8469]
NRS 3.221 Transfer of original jurisdiction to justice court. If an action is filed in the district court
and a district judge determines that the action is properly within the
jurisdiction of the justice court pursuant to NRS 4.370, the district judge may transfer
original jurisdiction of the action to the justice court.
(Added to NRS by 2003, 418; A 2003, 852)
NRS 3.223 Jurisdiction of family courts.
1. Except if the child involved is subject
to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act
of 1978, 25 U.S.C. §§ 1901 et seq., in each judicial district in which it is
established, the family court has original, exclusive jurisdiction in any
proceeding:
(a) Brought pursuant to title 5 of NRS or chapter 31A, 123,
125, 125A,
125B, 125C,
126, 127, 128, 129, 130, 159, 425 or 432B
of NRS, except to the extent that a specific statute authorizes the use of any
other judicial or administrative procedure to facilitate the collection of an
obligation for support.
(b) Brought pursuant to NRS 442.255 and 442.2555 to request the court to issue an
order authorizing an abortion.
(c) For judicial approval of the marriage of a
minor.
(d) Otherwise within the jurisdiction of the
juvenile court.
(e) To establish the date of birth, place of
birth or parentage of a minor.
(f) To change the name of a minor.
(g) For a judicial declaration of the sanity of a
minor.
(h) To approve the withholding or withdrawal of
life-sustaining procedures from a person as authorized by law.
(i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive, for an involuntary
court-ordered admission to a mental health facility.
(j) Brought pursuant to NRS 441A.510 to 441A.720, inclusive, for an involuntary
court-ordered isolation or quarantine.
2. The family court, where established
and, except as otherwise provided in paragraph (m) of subsection 1 of NRS 4.370, the justice court have
concurrent jurisdiction over actions for the issuance of a temporary or
extended order for protection against domestic violence.
3. The family court, where established,
and the district court have concurrent jurisdiction over any action for damages
brought pursuant to NRS 41.134 by a
person who suffered injury as the proximate result of an act that constitutes
domestic violence.
(Added to NRS by 1991, 2175; A 1993, 545; 1995, 783; 1997, 1804, 2267; 1999, 486; 2003, 1114, 2207; 2005, 506; 2011, 2513)
NRS 3.225 Family court to encourage resolution of certain disputes through
nonadversarial methods; cooperation to provide support services.
1. The family court shall, wherever
practicable and appropriate, encourage the resolution of disputes before the
court through nonadversarial methods or other alternatives to traditional
methods of resolution of disputes.
2. The family court or, in a judicial
district that does not include a family court, the district court, shall enter
into agreements or otherwise cooperate with local agencies that provide
services related to matters within the jurisdiction of family courts to assist
the family court or district court in providing the necessary support services
to the families before the court.
(Added to NRS by 1991, 2175)
NRS 3.227 Information form for family court: Development; contents; use. In each judicial district that includes a
county whose population is 100,000 or more:
1. The clerk of the district court shall
develop an information form for family court. The information form for family
court must be:
(a) Approved by the Chief Judge; and
(b) Used to obtain the information described in
subsection 2 from a party who files the initial pleading in a case that
involves a matter within the jurisdiction of the family court.
2. A party may not file in the district
court the initial pleading in a case that involves a matter within the
jurisdiction of the family court unless, at the same time that the party files
the initial pleading, the party files an information form for family court
which is signed by the party, his or her attorney or other legal representative
and which specifies:
(a) Whether the party is also a party in any
other pending case or was a party in any other previously decided case assigned
to a department of the family court in the judicial district;
(b) Whether any other party in the initial
pleading is also a party in any other pending case or was a party in any other
previously decided case assigned to a department of the family court in the
judicial district;
(c) Whether a child involved in the case is also
involved in any other pending case or was involved in any other previously
decided case assigned to a department of the family court in the judicial
district, other than a case within the jurisdiction of the juvenile court
pursuant to title 5 of NRS; and
(d) Any other information that the Chief Judge
determines must be provided on the information form for family court,
including, without limitation, any other information concerning a case
described in paragraph (a), (b) or (c).
3. The Chief Judge and the clerk of the
district court shall use the information provided on the information form for
family court to assign cases to a department of the family court in accordance
with subsection 3 of NRS 3.025.
(Added to NRS by 1999, 2020; A 2003, 1115)
NRS 3.230 Statements upon matters of fact. District
judges shall not charge juries upon matters of fact but may state the evidence
and declare the law. In stating the evidence, the judge should not comment upon
the probability or improbability of its truth nor the credibility thereof. If
the judge states the evidence, the judge must also inform the jury that they
are not to be governed by the judge’s statement upon matters of fact.
[23:19:1865; B § 931; BH § 2445; C § 2526; RL § 4846;
NCL § 8388]
NRS 3.240 Written decisions. A
district judge may be required, in deciding any question of law, to reduce his
or her decision to writing at the time such decision is made and note any
exception thereto which may be taken by either party to a trial or proceeding
before the judge.
[24:19:1865; B § 932; BH § 2446; C § 2527; RL § 4847;
NCL § 8389]
NRS 3.241 Ruling that provision of Nevada Constitution or Nevada Revised
Statutes is unconstitutional: Prevailing party to provide copy of ruling to
Attorney General. If a district
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, 820)
NRS 3.243 Report of certain statistical information to be submitted to
Court Administrator. In the time
and manner prescribed by the Supreme Court, the Chief Judge of the judicial
district or, if the district has no Chief Judge, a district judge designated by
mutual consent of the district judges of that district, shall submit to the
Court Administrator a report of the statistical information required pursuant
to this section and such other statistical information as prescribed by the
Supreme Court. The report must include, without limitation, statistical
information concerning:
1. Those cases which are pending and
undecided and the judge to whom each case has been assigned;
2. The type and number of cases each judge
considered during the preceding month;
3. The number of cases submitted to each
judge during the preceding month;
4. The number of cases decided by each
judge during the preceding month; and
5. The number of full judicial days in
which each judge appeared in court or in chambers in performance of his or her
duties during the preceding month.
(Added to NRS by 1999, 706)
OFFICERS AND EMPLOYEES
NRS 3.245 Appointment of masters for criminal proceedings. In any county in which the appointment of
masters for criminal proceedings by a district court is authorized by the board
of county commissioners, the local rules of practice adopted in a judicial
district within the county may authorize the Chief Judge of a district court to
appoint one or more masters for criminal proceedings to perform certain
subordinate or administrative duties that the Nevada Supreme Court has approved
to be assigned to such a master.
(Added to NRS by 1977, 1570; A 2003, 409)
NRS 3.250 County clerk to be clerk of court. The
county clerk shall be clerk of the district court of his or her county.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL §
2765; NCL § 4765]
NRS 3.260 Deputy clerks.
1. All clerks of the several district
courts are hereby authorized to appoint deputies who shall have power to
transact all official business pertaining to the office to the same extent as
their principals.
2. The clerks of the district courts shall
be responsible on their official bonds for all official malfeasance or
nonfeasance of their deputies. Bonds for the faithful performance of their
official duties may be required of the deputies by their principals.
3. All appointments of deputies under the
provisions of this section shall be in writing and shall, together with the
oaths of office of the deputies, be filed and recorded in a book provided for
that purpose in the office of the recorder of the county within which the clerk
of the district court legally holds and exercises his or her office.
Revocations of such appointments shall also be filed and recorded as herein
provided. From the time of the filing of appointments or revocations therein
persons shall be deemed to have notice of the same.
[Part 1:101:1864; A 1905, 33; 1913, 108; 1919 RL §
2848; NCL § 4848] + [Part 2:101:1864; B § 3068; BH § 2280; C § 2452; RL § 2849;
NCL § 4849] + [Part 3:101:1864; B § 3069; BH § 2281; C § 2453; RL § 2850; NCL §
4850]
NRS 3.270 Duty of clerks to give receipts and pay over money.
1. The clerk of a district court shall
give a receipt on demand of any party paying a fee. The receipt shall specify
the title or the case number of the cause in which the fee is paid and the date
and the amount of the payment.
2. The several clerks of the district
courts shall, on or before the 5th day of each month, pay over to the county
treasurer all moneys received by them during the preceding month for court fees
together with a brief note of the cases in which the same were received.
[Part 31:49:1883; BH § 2372; C § 2496; RL § 2033; NCL
§ 2964]—(NRS A 1959, 707; 1971, 537)
NRS 3.275 Clerk to obtain and maintain information regarding cases.
1. The clerk of each district court shall
obtain and file information regarding the nature of each criminal and civil
case filed with the district court. If the criminal case is referred to a
specialty court program, the clerk must obtain and file information regarding
the nature of the case and the program to which the defendant was referred.
2. The clerk shall provide a form approved
by the Court Administrator for obtaining the information required by subsection
1. No criminal or civil case may be filed in the district court unless the
initial pleading is accompanied by the form, signed by the initiating party or
his or her representative. In addition to the information on the form, the
clerk shall maintain information concerning the disposition of each criminal
case and, if applicable, whether the defendant successfully completed a
specialty court program.
3. The clerk shall maintain the
information contained in the form and collected pursuant to subsection 2 in a
separate system of filing to allow the retrieval of statistics relating to each
criminal and civil action filed in the district courts.
(Added to NRS by 1985, 1895; A 2009, 1353)
NRS 3.280 Clerk to keep register of civil actions.
1. The clerk shall keep among the records
of the court a register of actions. The clerk shall enter therein the title of
the action, if in district court, and the clerk may enter therein the title of
the action in any other court, with brief notes under it, from time to time, of
all papers filed and proceedings had therein.
2. For an alternate method of maintaining
the register-of-actions record provided in subsection 1, the clerk of the
district court may maintain an effective register of actions by means of
photographing, microphotographing or mechanically or electronically storing the
whole of all papers and records, necessary to the keeping of a register of
actions, so long as the following control criteria of public recordkeeping is
extant:
(a) The completeness and chronological sequence
of registry are not disturbed;
(b) All such reproductions are placed in
convenient and accessible files;
(c) Provisions are made for preserving, examining
and using such files; and
(d) The initial register of actions in book or
loose-leaf-book form is maintained for the purpose of assuring the commencement
of actions serially, entering plaintiff, defendant, intervener or applicant, or
the parties in ex rel., in the title together with attorneys of record in each
case, and entering thereafter under each case only such documents by notation
as have filing fees required to be paid or notation of waiver of the fees.
Ê This
subsection shall not be construed to be inconsistent with the laws, rules or
district judge’s orders pertaining to control and custody of district court
records.
[1911 CPA § 538; RL § 5480; NCL § 9027]—(NRS A 1971,
538)
NRS 3.300 Power of clerks to take and certify acknowledgments and
affidavits. The clerks of the
district courts 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 3.305 Destruction or disposal of exhibits by clerk. When a district court orders the disposal of
an exhibit, the clerk shall serve written notice upon the last attorney or
attorneys of record, representing the parties to the action wherein the exhibit
was admitted into evidence, to withdraw such exhibit, and upon the failure to
make such withdrawal within 30 days after the service of notice, the clerk
shall petition the court for an order requesting:
1. Destruction of the exhibit if such
exhibit is found by the court to be of no value; or
2. Delivery of an exhibit of value to the
board of county commissioners as the property of the county.
(Added to NRS by 1957, 708; A 1973, 439)
NRS 3.307 Destruction or disposal of exhibits in civil actions. A district court, on its own motion, may order
destroyed or otherwise disposed of any exhibit or deposition introduced in the
trial of a civil action or proceeding or filed in such action or proceeding
which:
1. If appeal has not been taken from the
decision of the district court in such action or proceeding, remains in the
custody of the district court or clerk of such court 2 years after the time for
appeal has expired.
2. If appeal has been taken, remains in
the custody of the district court or clerk of such court 2 years after final
determination thereof, or which remains in the custody of the district court or
clerk of such court for a period of 2 years after:
(a) A motion for a new trial has been granted or
a motion to set for trial has not been made within such 2 years;
(b) The filing of the remittitur where the action
or proceeding, after appeal, has been remanded to the trial court for a new
trial and the same has not been brought to trial within 2 years from the date
of filing the remittitur;
(c) The dismissal of such action or proceeding;
or
(d) The introduction or filing thereof where
there is no provision for the destruction or other disposition of such exhibit
or deposition and where, in the discretion of the district court, the same
should be destroyed or otherwise disposed of.
Ê The order
shall be filed with the pleadings of each case in which any such order is made.
(Added to NRS by 1971, 318; A 1973, 439)
NRS 3.310 Bailiffs and deputy marshals: Appointment; duties;
qualifications; compensation.
1. Except as otherwise provided in this
subsection, the judge of each district court may appoint a bailiff for the
court in counties polling 4,500 or more votes. In counties polling less than
4,500 votes, the judge may appoint a bailiff with the concurrence of the
sheriff. Subject to the provisions of subsections 2, 4 and 10, in a county
whose population is 700,000 or more, the judge of each district court may
appoint a deputy marshal for the court instead of a bailiff. In each case, the
bailiff or deputy marshal serves at the pleasure of the judge he or she serves.
2. In all judicial districts where there
is more than one judge, there may be a number of bailiffs or deputy marshals at
least equal to the number of judges, and in any judicial district where a
circuit judge has presided for more than 50 percent of the regular judicial
days of the prior calendar year, there may be one additional bailiff or deputy
marshal, each bailiff or deputy marshal to be appointed by the joint action of
the judges. If the judges cannot agree upon the appointment of any bailiff or
deputy marshal within 30 days after a vacancy occurs in the office of bailiff
or deputy marshal, then the appointment must be made by a majority of the board
of county commissioners.
3. Each bailiff or deputy marshal shall:
(a) Preserve order in the court.
(b) Attend upon the jury.
(c) Open and close court.
(d) Perform such other duties as may be required
of him or her by the judge of the court.
4. The bailiff or deputy marshal must be a
qualified elector of the county and shall give a bond, to be approved by the
district judge, in the sum of $2,000, conditioned for the faithful performance
of his or her duty.
5. The compensation of each bailiff or
deputy marshal for his or her services must be fixed by the board of county
commissioners of the county and his or her salary paid by the county wherein he
or she is appointed, the same as the salaries of other county officers are
paid.
6. The board of county commissioners of
the respective counties shall allow the salary stated in subsection 5 as other
salaries are allowed to county officers, and the county auditor shall draw his
or her warrant for it, and the county treasurer shall pay it.
7. The provisions of this section do not:
(a) Authorize the bailiff or deputy marshal to
serve any civil or criminal process, except such orders of the court which are
specially directed by the court or the presiding judge thereof to him or her
for service.
(b) Except in a county whose population is
700,000 or more, relieve the sheriff of any duty required of him or her by law
to maintain order in the courtroom.
8. If a deputy marshal is appointed for a
court pursuant to subsection 1, each session of the court must be attended by
the deputy marshal.
9. For good cause shown, a deputy marshal
appointed for a court pursuant to subsection 1 may be assigned temporarily to
assist other judicial departments or assist with court administration as
needed.
10. A person appointed to be a deputy
marshal for a court pursuant to subsection 1 must be certified by the Peace
Officers’ Standards and Training Commission as a category I peace officer not
later than 18 months after appointment.
[1:33:1909; RL § 4914; NCL § 8461] + [2:33:1909; A
1919, 385; 1951, 358; 1953, 443] + [3:33:1909; RL § 4916; NCL § 8463] +
[4:33:1909; RL § 4917; NCL § 8464] + [5:33:1909; A 1951, 358; 1953, 443; 1955,
190] + [6:33:1909; RL § 4919; NCL § 8466] + [7:33:1909; RL § 4920; NCL §
8467]—(NRS A 1957, 288; 1959, 516; 1963, 363, 1295; 1979, 482; 1993, 2526; 2007, 2189; 2011, 1130)
NRS 3.320 Official reporter: Appointment; duties.
1. The judge or judges of any district
court may appoint, subject to the provisions of this chapter and other laws as
to the qualifications and examinations of the appointee, one certified court
reporter, to be known as official reporter of the court or department and to
hold office during the pleasure of the judge appointing the official reporter.
The appointee may be any business organization licensed by the Board if the
person representing the business organization, who actually performs the reporting
service, is a certified court reporter.
2. The official reporter, or any one of
them if there are two or more, shall:
(a) At the request of either party or of the
court in a civil action or proceeding, and on the order of the court, the
district attorney or the attorney for the defendant in a criminal action or
proceeding, make a record of all the testimony, the objections made, the
rulings of the court, the exceptions taken, all arraignments, pleas and
sentences of defendants in criminal cases, and all statements and remarks made
by the district attorney or judge, and all oral instructions given by the
judge; and
(b) When directed by the court or requested by
either party, within such reasonable time after the trial of the case as may be
designated by law or, in the absence of any law relating thereto, by the court,
transcribe the record into a written transcript. The reporter shall certify
that the action or proceeding was correctly reported and transcribed and, when
directed by the law or court, shall file the written transcript with the clerk
of the court.
3. As used in this section, “Board” means
the Certified Court Reporters’ Board of Nevada, created by NRS 656.040.
[1:52:1907; A 1921, 96; NCL § 8455]—(NRS A 1973,
1321; 1981, 245;
1993, 1410;
2007, 1035;
2011, 669)
NRS 3.340 Official reporter: Attention to duties; reporter pro tempore. The official reporter of any district court
shall attend to the duties of office in person except when excused for good and
sufficient reason by order of the court, which order shall be entered upon the
minutes of the court. Employment in his or her professional capacity elsewhere
shall not be deemed a good and sufficient reason for such excuse. When the
official reporter of any court has been excused in the manner provided in this
section, the court may designate an official reporter pro tempore who shall
perform the same duties and receive the same compensation during the term of
his or her appointment as the official reporter.
[3:52:1907; RL § 4910; NCL § 8457]—(NRS A 2011, 670)
NRS 3.350 Official reporter: Oath of office. The
official reporter of any court, or official reporter pro tempore, shall, before
entering upon the duties of office, take and subscribe the constitutional oath
of office.
[4:52:1907; RL § 4911; NCL § 8458]
NRS 3.360 Official reporter: Transcript prima facie evidence. The transcript of the official reporter, or
official reporter pro tempore, of any court, duly appointed and sworn, when
transcribed and certified as being a correct transcript of the testimony and
proceedings in the case, is prima facie evidence of such testimony and
proceedings.
[5:52:1907; RL § 4912; NCL § 8459]—(NRS A 2011, 670)
NRS 3.370 Official reporter: Compensation.
1. Except as otherwise provided in
subsection 3, for his or her services the official reporter or reporter pro
tempore is entitled to the following compensation:
(a) For being available to report civil and
criminal testimony and proceedings when the court is sitting during traditional
business hours on any day except Saturday or Sunday, $170 per day, to be paid
by the county as provided in subsection 4.
(b) For being available to report civil and
criminal testimony and proceedings when the court is sitting beyond traditional
business hours or on Saturday or Sunday:
(1) If the reporter has been available to
report for at least 4 hours, $35 per hour for each hour of availability; or
(2) If the reporter has been available to
report for fewer than 4 hours, a pro rata amount based on the daily rate set
forth in paragraph (a),
Ê to be paid
by the county as provided in subsection 4.
(c) For transcription:
(1) Except as otherwise provided in
subparagraph (2), for the original draft and any copy to be delivered:
(I) Within 24 hours after it is
requested, $7.50 per page for the original draft and one copy, and $2 per page
for each additional copy;
(II) Within 48 hours after it is
requested, $5.62 per page for the original draft and one copy, and $1.50 per
page for each additional copy;
(III) Within 4 days after it is
requested, $4.68 per page for the original draft and one copy, and $1.25 per
page for each additional copy; or
(IV) More than 4 days after it is
requested, $3.55 per page for the original draft and one copy, and 55 cents per
page for each additional copy.
(2) For civil litigants who are ordering
the original draft and are represented by a nonprofit legal corporation or a
program for pro bono legal assistance, for the original draft and any copy to
be delivered:
(I) Within 24 hours after it is
requested, $5.50 per page and $1.10 per page for each additional copy;
(II) Within 48 hours after it is
requested, $4.13 per page and 83 cents per page for each additional copy;
(III) Within 4 days after it is
requested, $3.44 per page and 69 cents per page for each additional copy; or
(IV) More than 4 days after it is
requested, $2.75 per page and 55 cents per page for each additional copy.
(3) For any party other than the party
ordering the original draft, for the copy of the draft to be delivered:
(I) Within 24 hours after it is
requested, $1.10 per page;
(II) Within 48 hours after it is
requested, 83 cents per page;
(III) Within 4 days after it is
requested, 69 cents per page; or
(IV) More than 4 days after it is
requested, 55 cents per page.
(d) For reporting all civil matters, in addition
to the compensation provided in paragraphs (a) and (b), $30 for each hour or
fraction thereof actually spent, to be taxed as costs pursuant to subsection 5.
(e) For providing an instantaneous translation of
testimony into English which appears on a computer that is located at a table
in the courtroom where the attorney who requested the translation is seated:
(1) Except as otherwise provided in this
subparagraph, in all criminal matters in which a party requests such a
translation, in addition to the compensation provided pursuant to paragraphs
(a) and (b), $140 for the first day and $90 per day for each subsequent day
from the party who makes the request. This additional compensation must be paid
by the county as provided pursuant to subsection 4 only if the court issues an
order granting the translation service to the prosecuting attorney or to an
indigent defendant who is represented by a county or state public defender.
(2) In all civil matters in which a party
requests such a translation, in addition to the compensation provided pursuant
to paragraphs (a), (b) and (d), $140 for the first day and $90 per day for each
subsequent day, to be paid by the party who requests the translation.
(f) For providing a diskette containing testimony
prepared from a translation provided pursuant to paragraph (e):
(1) Except as otherwise provided in this
subparagraph, in all criminal matters in which a party requests the diskette
and the reporter agrees to provide the diskette, in addition to the
compensation provided pursuant to paragraphs (a), (b) and (e), $1.50 per page of
the translation contained on the diskette from the party who makes the request.
This additional compensation must be paid by the county as provided pursuant to
subsection 4 only if the court issues an order granting the diskette to the
prosecuting attorney or to an indigent defendant who is represented by a county
or state public defender.
(2) In all civil matters in which a party
requests the diskette and the reporter agrees to provide the diskette, in
addition to the compensation provided pursuant to paragraphs (a), (b), (d) and
(e), $1.50 per page of the translation contained on the diskette, to be paid by
the party who requests the diskette.
2. For the purposes of subsection 1, a
page is a sheet of paper 8 1/2 by 11 inches and does not include a condensed
transcript. The left margin must not be more than 1 1/2 inches from the left
edge of the paper. The right margin must not be more than three-fourths of an
inch from the right edge of the paper. Each sheet must be numbered on the left
margin and must contain at least 24 lines of type. The first line of each
question and of each answer may be indented not more than five spaces from the
left margin. The first line of any paragraph or other material may be indented
not more than 10 spaces from the left margin. There must not be more than one
space between words or more than two spaces between sentences. The type size
must not be larger than 10 characters per inch. The lines of type may be double
spaced or one and one-half spaced.
3. If the court determines that the
services of more than one reporter are necessary to deliver transcripts on a
daily basis in a criminal proceeding, each reporter is entitled to receive:
(a) The compensation set forth in paragraphs (a)
and (b) of subsection 1 and subparagraph (1) of paragraph (e) of subsection 1,
as appropriate; and
(b) Compensation of $7.50 per page for the
original draft and one copy, and $2 per page for each additional copy for
transcribing a proceeding of which the transcripts are ordered by the court to
be delivered on or before the start of the next day the court is scheduled to
conduct business.
4. The compensation specified in
paragraphs (a) and (b) of subsection 1, the compensation for transcripts in
criminal cases ordered by the court to be made, the compensation for
transcripts in civil cases ordered by the court pursuant to NRS 12.015, the compensation for
transcripts for parents or guardians or attorneys of parents or guardians who receive
transcripts pursuant to NRS 432B.459,
the compensation in criminal cases that is ordered by the court pursuant to
subparagraph (1) of paragraph (e) and subparagraph (1) of paragraph (f) of
subsection 1 and the compensation specified in subsection 3 must be paid out of
the county treasury upon the order of the court. When there is no official
reporter in attendance and a reporter pro tempore is appointed, his or her
reasonable expenses for traveling and detention must be fixed and allowed by
the court and paid in the same manner. The respective district judges may, with
the approval of the respective board or boards of county commissioners within
the judicial district, fix a monthly salary to be paid to the official reporter
in lieu of per diem. The salary, and also actual traveling expenses in cases
where the reporter acts in more than one county, must be prorated by the judge
on the basis of time consumed by work in the respective counties and must be
paid out of the respective county treasuries upon the order of the court.
5. Except as otherwise provided in
subsection 4, in civil cases, the compensation prescribed in paragraph (d) of
subsection 1 and for transcripts ordered by the court to be made must be paid
by the parties in equal proportions, and either party may, at the party’s
option, pay the entire compensation. In either case, all amounts so paid by the
party to whom costs are awarded must be taxed as costs in the case. The compensation
for transcripts and copies ordered by the parties must be paid by the party
ordering them. No reporter may be required to perform any service in a civil
case until his or her compensation has been paid to him or her.
6. Where a transcript is ordered by the
court or by any party, the compensation for the transcript must be paid to the
reporter before the furnishing of the transcript.
[6:52:1907; A 1921, 96; 1921, 288; 1955, 189]—(NRS A
1961, 307; 1967, 1258; 1971, 646; 1975, 1472, 1816; 1981, 404; 1987, 909; 1989, 1271; 1993, 2022; 1995, 1592; 1999, 750; 2001, 1705; 2005, 187; 2011, 670)
NRS 3.380 Sound recording equipment: Installation; operation;
transcription of recording; use of transcript; provision by party of certified
court reporter; effect.
1. The judge or judges of any district
court may, with the approval of the board of county commissioners of any one or
more of the counties comprising such district, in addition to the appointment
of a court reporter as in this chapter provided, enter an order for the
installation of sound recording equipment for use in any of the instances
recited in NRS 3.320, for the recording of any
civil and criminal proceedings, testimony, objections, rulings, exceptions,
arraignments, pleas, sentences, statements and remarks made by the district
attorney or judge, oral instructions given by the judge and any other
proceedings occurring in civil or criminal actions or proceedings, or special
proceedings whenever and wherever and to the same extent as any of such
proceedings have heretofore under existing statutes been recorded by the
official reporter or any special reporter or any reporter pro tempore appointed
by the court.
2. For the purpose of operating such sound
recording equipment, the court or judge may appoint or designate the official
reporter or a special reporter or reporter pro tempore or the county clerk or
clerk of the court or deputy clerk. The person so operating such sound
recording equipment shall subscribe to an oath that he or she will well and
truly operate the equipment so as to record all of the matters and proceedings.
3. The court may then designate the person
operating such equipment or any other competent person to listen to the
recording and to transcribe the recording into written text. The person who:
(a) Transcribes the recording shall subscribe to
an oath that he or she has truly and correctly transcribed the proceedings as
recorded.
(b) Operates the sound recording equipment as
described in subsection 2 shall:
(1) Subscribe to an oath that the sound
recording is a true and accurate recording of the proceedings; and
(2) In the event of an error, malfunction
or other problem relating to the sound recording equipment or the sound
recording, report that error, malfunction or problem to the court.
4. The transcript may be used for all
purposes for which transcripts have heretofore been received and accepted under
then existing statutes, including transcripts of testimony and transcripts of
proceedings as constituting bills of exceptions or part of the bill of
exceptions on appeals in all criminal cases and transcripts of the evidence or
proceedings as constituting the record on appeal in civil cases and including
transcripts of preliminary hearings before justices of the peace and other
committing magistrates, and are subject to correction in the same manner as
transcripts under existing statutes.
5. If a proceeding is recorded and a
transcript is requested, a copy of the sound recording must, if requested, be
provided with the transcript. The cost for providing the sound recording must
not exceed the actual cost of production and must be paid by the party who
requests the sound recording.
6. In civil and criminal cases when the
court has ordered the use of such sound recording equipment, any party to the
action, at the party’s own expense, may provide a certified court reporter to
make a record of and transcribe all the matters of the proceeding. In such a
case, the record prepared by sound recording is the official record of the
proceedings, unless it fails or is incomplete because of equipment or
operational failure, in which case the record prepared by the certified court
reporter shall be deemed, for all purposes, the official record of the
proceedings.
[7:52:1907; added 1949, 506; 1943 NCL § 8460.01]—(NRS
A 1995, 1594;
2007, 1036;
2011, 673)
ACTIONS RELATING TO PATERNITY OR SUPPORT OF CHILDREN
NRS 3.405 Masters: Appointment; powers and duties; findings.
1. In an action to establish paternity,
the court may appoint a master to take testimony and recommend orders.
2. The court may appoint a master to hear
all cases in a county to establish or enforce an obligation for the support of
a child, or to modify or adjust an order for the support of a child pursuant to
NRS 125B.145.
3. The master must be an attorney licensed
to practice in this State. The master:
(a) Shall take testimony and establish a record;
(b) In complex cases shall issue temporary orders
for support pending resolution of the case;
(c) Shall make findings of fact, conclusions of
law and recommendations for the establishment and enforcement of an order;
(d) May accept voluntary acknowledgments of
paternity or liability for support and stipulated agreements setting the amount
of support;
(e) May, subject to confirmation by the district
court, enter default orders against a responsible parent who does not respond
to a notice or service within the required time; and
(f) Has any other power or duty contained in the
order of reference issued by the court.
Ê If a
temporary order for support is issued pursuant to paragraph (b), the master
shall order that the support be paid to the Division of Welfare and Supportive
Services of the Department of Health and Human Services, its designated
representative or the district attorney, if the Division of Welfare and
Supportive Services or district attorney is involved in the case, or otherwise
to an appropriate party to the action, pending resolution of the case.
4. The findings of fact, conclusions of
law and recommendations of the master must be furnished to each party or the
party’s attorney at the conclusion of the proceeding or as soon thereafter as
possible. Within 10 days after receipt of the findings of fact, conclusions of
law and recommendations, either party may file with the court and serve upon
the other party written objections to the report. If no objection is filed, the
court shall accept the findings of fact, unless clearly erroneous, and the
judgment may be entered thereon. If an objection is filed within the 10-day
period, the court shall review the matter upon notice and motion.
(Added to NRS by 1987, 2248; A 1989, 956, 1642; 1997, 2268)
NRS 3.415 Time for disposition of cases. To
the extent necessary to comply with the requirements of the Federal Government
concerning the enforcement of the obligation of support of a child, to avoid
jeopardizing the receipt by the Division of Welfare and Supportive Services of
the Department of Health and Human Services of money from the Federal
Government and to avoid subjecting the Division of Welfare and Supportive
Services to other sanctions by the Federal Government, the disposition of cases
to establish an obligation for support of a child must:
1. Be 75 percent completed within 6 months
after service of the notice of the proceedings; and
2. Be 90 percent completed within 12
months after the service of the notice of the proceedings.
(Added to NRS by 1987, 2249; A 1995, 2422)
MEDIATION OF CASES INVOLVING CUSTODY OR VISITATION OF CHILD
NRS 3.475 Establishment of programs of mandatory mediation in county whose
population is 700,000 or more.
1. In a county whose population is 700,000
or more, the district court shall establish by rule approved by the Supreme
Court a program of mandatory mediation in cases that involve the custody or
visitation of a child.
2. The program must:
(a) Require the impartial mediation of the issues
of custody and visitation and authorize the impartial mediation of any other
nonfinancial issue deemed appropriate by the court.
(b) Authorize the court to exclude a case from
the program for good cause shown, including, but not limited to, a showing
that:
(1) There is a history of child abuse or
domestic violence by one of the parties;
(2) The parties are currently participating
in private mediation; or
(3) One of the parties resides outside of
the jurisdiction of the court.
(c) Provide standards for the training of the
mediators assigned to cases, including, but not limited to:
(1) Minimum educational requirements,
which must not be restricted to any particular professional or educational
training;
(2) Minimum requirements for training in
the procedural aspects of mediation and the interpersonal skills necessary to
act as a mediator;
(3) A minimum period of apprenticeship for
persons who have not previously acted as domestic mediators;
(4) Minimum requirements for continuing
education; and
(5) Procedures to ensure that potential
mediators understand the high standard of ethics and confidentiality related to
their participation in the program.
(d) Prohibit the mediator from reporting to the
court any information about the mediation other than whether the dispute was
resolved.
(e) Establish a sliding schedule of fees for
participation in the program based on the ability of a party to pay.
(f) Provide for the acceptance of gifts and
grants offered in support of the program.
(g) Allow the court to refer the parties to a
private mediator.
3. The costs of the program must be paid
from the county general fund. All fees, gifts and grants collected pursuant to
this section must be deposited in the county general fund.
4. This section does not prohibit a court
from referring a financial or other issue to a special master or other person
for assistance in resolving the dispute.
(Added to NRS by 1997, 1203; A 2011, 1131;
2013, 1610)
NRS 3.500 Establishment of programs of mandatory mediation in county whose
population is 100,000 or more but less than 700,000.
1. In a county whose population is 100,000
or more and less than 700,000, the district court shall establish by rule
approved by the Supreme Court a program of mandatory mediation in cases which
involve the custody or visitation of a child. A district court in a county
whose population is less than 100,000 may establish such a program in the same
manner for use in that county. The district courts in two or more counties
whose populations are less than 100,000 may establish such a program in the
same manner for use in the counties in which the courts are located.
2. The program must:
(a) Require the impartial mediation of the issues
of custody and visitation and any other nonfinancial issue deemed appropriate
by the court.
(b) Allow the court to exclude a case from the
program for good cause shown, including a showing of a history of child abuse
or domestic violence by one of the parties, ongoing private mediation or
residency of one of the parties out of the jurisdiction of the court.
(c) Provide standards for the training of the
mediators assigned to cases pursuant to the rule, including but not limited to:
(1) Minimum educational requirements,
which may not be restricted to any particular professional or educational
training;
(2) Minimum requirements for training in
the procedural aspects of mediation and the interpersonal skills necessary to
act as a mediator;
(3) A minimum period of apprenticeship for
persons who have not previously acted as domestic mediators;
(4) Minimum requirements for continuing
education; and
(5) Procedures to ensure that potential
mediators understand the high standard of ethics and confidentiality related to
their participation in the program.
(d) Prohibit the mediator from reporting to the
court any information about the mediation other than whether the mediation was
successful or not.
(e) Establish a sliding schedule of fees for
participation in the program based on the client’s ability to pay.
(f) Provide for the acceptance of gifts and
grants offered in support of the program.
(g) Allow the court to refer the parties to a
private mediator for assistance in resolving the issues.
3. The costs of the program must be paid
from the account for dispute resolution in the county general fund. All fees,
gifts and grants collected pursuant to this section must be deposited in the
account.
4. This section does not prohibit a court
from referring a financial or other issue to a special master or other person
for assistance in resolving the dispute.
(Added to NRS by 1991, 917; A 1993, 1213; 2011, 1132;
2013, 1611)
