[Effective until the date
on which the voters approve a constitutional amendment establishing an
intermediate court of appeals.] The Supreme Court shall consist of a
Chief Justice and six associate justices. Each justice hereafter elected
or appointed shall be commissioned by the Governor and, before entering
upon the discharge of his duties, shall take the constitutional oath of
office.
[2:19:1865; B § 911; BH § 2426; C § 2509; RL § 4829; NCL §
8371]—(NRS A 1967, 835; 1997, 1529)
[Effective on the date on
which the voters approve a constitutional amendment establishing an
intermediate court of appeals.] The Supreme Court shall consist of a
Chief Justice and four associate justices. Each justice hereafter elected
or appointed shall be commissioned by the Governor, and before entering
upon the discharge of his duties, shall take the constitutional oath of
office.
[2:19:1865; B § 911; BH § 2426; C § 2509; RL § 4829; NCL §
8371]—(NRS A 1967, 835; 1997, 1529, effective on the date on which the
voters approve a constitutional amendment establishing an intermediate
court of appeals)
1. A person may not be a candidate for or be eligible to the
office of justice of the Supreme Court:
(a) Unless he has attained the age of 25 years.
(b) Unless he is an attorney licensed and admitted to practice law
in the courts of this State at the time of his election or appointment.
(c) Unless he has been an attorney licensed and admitted to
practice law in the courts of this State, another state or the District
of Columbia for not less than 15 years at any time preceding his election
or appointment, at least 2 years of which has been in this State.
(d) Unless he is a qualified elector and has been a bona fide
resident of this State for 2 years next preceding the election or
appointment.
(e) If he has ever been removed from any judicial office by the
Legislature or removed or retired from any judicial office by the
Commission on Judicial Discipline.
2. For the purposes of this section, a person is eligible to be a
candidate for the office of justice of the Supreme Court if a decision to
remove or retire him from a judicial office is pending appeal before the
Supreme Court or has been overturned by the Supreme Court.
[Part 1:217:1909; A 1931, 9; 1931 NCL § 618] + [Part 2:108:1866; A
1953, 711; 1955, 459]—(NRS A 1977, 762; 1999, 94 ; 2005, 1211 )
[Effective until the date on
which the voters approve a constitutional amendment establishing an
intermediate court of appeals.]
1. The justices of the Supreme Court must be chosen at general
elections by the qualified electors of this State. Except as
provisionally limited in subsections 2 and 4, each justice holds his
office for a term of 6 years from and including the first Monday of
January next after his election. The senior justice in commission is the
Chief Justice, and in case the commissions of two or more of the justices
bear the same date, the justices shall determine by lot who is the Chief
Justice.
2. On October 1, 1967, the Governor shall appoint two additional
justices for terms expiring on the first Monday in January 1969. Their
successors must be chosen as follows:
(a) One justice must be chosen at the general election in 1968, for
a term of 4 years from and including the first Monday in January 1969.
(b) One justice must be chosen at the general election in 1968, for
a term of 6 years from and including the first Monday in January 1969.
3. At the general election in 1968, in addition to the justices
chosen pursuant to subsection 2, one justice must be chosen to succeed
the justice whose term of office, current on October 1, 1967, expires on
the first Monday in January 1969. At the general elections in 1972 and
1974, and every sixth year respectively thereafter, two justices must be
chosen. At the general election in 1970, and every sixth year thereafter,
one justice must be chosen.
4. Two additional justices must be chosen at the general election
in 1998 for terms of 2 years which expire on the first Monday in January
2001. Their successors must be chosen at the general election in 2000,
for terms of 6 years from and including the first Monday in January 2001.
5. At the general election in 1998, and every sixth year
respectively thereafter, in addition to the justices elected pursuant to
subsection 4, two justices must be chosen to succeed the justices whose
terms of office expire on the first Monday in January 1999. At the
general election in 2000, and every sixth year respectively thereafter:
(a) One justice must be chosen to succeed the justice whose term of
office commenced on the first Monday in January 1995 and expires on the
first Monday in January 2001.
(b) Two justices must be chosen to succeed the justices who served
terms of 2 years pursuant to subsection 4.
Ê At the general election in 2002, and every sixth year respectively
thereafter, two justices must be chosen to succeed the justices whose
terms of office expire on the first Monday in January 2003.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL §
4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL §
4773] + [3:19:1865; B § 912; BH § 2427; C § 2510; RL § 4830; NCL § 8372]
+ [11:108:1866; B § 2609; BH § 1646; C § 1792; RL § 2775; NCL §
4775]—(NRS A 1967, 835; 1997, 1529)
[Effective on the date on which
the voters approve a constitutional amendment establishing an
intermediate court of appeals.]
1. The justices of the Supreme Court shall be chosen at general
elections by the qualified electors of the State. Except as provisionally
limited in subsection 2, each justice shall hold his office for the term
of 6 years from and including the first Monday of January next after his
election. The senior justice in commission shall be Chief Justice and in
case the commissions of any two or more of the justices shall bear the
same date, they shall determine by lot who shall be Chief Justice.
2. On October 1, 1967, the Governor shall appoint two additional
justices for terms expiring on the first Monday in January 1969. Their
successors shall be chosen as follows:
(a) One justice shall be chosen at the general election in 1968,
for a term of 4 years from and including the first Monday in January 1969.
(b) One justice shall be chosen at the general election in 1968,
for a term of 6 years from and including the first Monday in January 1969.
3. At the general election in 1968, in addition to the justices
chosen pursuant to subsection 2, one justice shall be chosen to succeed
the justice whose term of office, current on October 1, 1967, expires on
the first Monday in January 1969. At the general elections in 1972 and
1974, and every sixth year respectively thereafter, two justices shall be
chosen. At the general election in 1970, and every sixth year thereafter,
one justice shall be chosen.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL §
4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL §
4773] + [3:19:1865; B § 912; BH § 2427; C § 2510; RL § 4830; NCL § 8372]
+ [11:108:1866; B § 2609; BH § 1646; C § 1792; RL § 2775; NCL §
4775]—(NRS A 1967, 835; 1997, 1529, effective on the date on which the
voters approve a constitutional amendment establishing an intermediate
court of appeals)
Whenever any vacancy
shall occur in the office of justice of the Supreme Court, the Governor
shall fill the same by granting a commission, which shall expire at the
next general election by the people and upon the qualification of his
successor, at which election a justice shall be chosen for the balance of
the unexpired term.
[Part 48:108:1866; B § 2646; BH § 1683; C § 1829; RL § 2812; NCL §
4812] + [4:19:1865; B § 913; BH § 2428; C § 2511; RL § 4831; NCL § 8373]
1. Until the first Monday in January 2003, the justices of the
Supreme Court whose terms of office expire on the first Monday in January
2003 are entitled to receive an annual base salary of $107,600. From and
after the first Monday in January 2003, their successors in office are
entitled to receive an annual base salary of $140,000.
2. Until the first Monday in January 2005, the justices of the
Supreme Court whose terms of office expire on the first Monday in January
2005 are entitled to receive an annual base salary of $107,600. From and
after the first Monday in January 2005, their successors in office are
entitled to receive an annual base salary of $140,000.
3. Until the first Monday in January 2007, the justices of the
Supreme Court whose terms of office expire on the first Monday in January
2007 are entitled to receive an annual base salary of $107,600. From and
after the first Monday in January 2007, their successors in office are
entitled to receive an annual base salary of $140,000.
4. All salaries provided for in this section are payable in
biweekly installments as other state officers are paid.
[1:153:1927; A 1928, 29; 1945, 208; 1951, 359; 1953, 540]—(NRS A
1957, 543; 1961, 481; 1965, 1154; 1967, 836; 1969, 789; 1971, 2204; 1977,
1013; 1981, 1371; 1985, 1607; 1989, 1896; 1995, 2514; 1997, 1530; 2001,
3109 , 3113 )
[Effective through December 31, 2006.]
1. Any justice of the Supreme Court who has served as a justice 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 life, a sum of money
equal in amount to three-fourths the sum received as a salary for his
judicial services during the last year thereof, payable monthly from the
Judicial Retirement Fund established pursuant to NRS 1A.160 .
2. Any justice of the Supreme Court who has served as a justice or
judge of 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 life, a sum of money
equal in amount to 4.1666 percent of the sum received as a salary for his
judicial services during the last year thereof, payable monthly from the
Judicial Retirement Fund established pursuant to NRS 1A.160 .
3. Any justice of the Supreme Court who qualifies for a pension
under the provisions of subsection 2 is entitled to receive, for each
year served beyond 5 years up to a maximum of 22 years, an additional
4.1666 percent of the sum received as a salary for his judicial services
during the last year thereof, payable as provided in subsection 2.
4. Any justice who has retired pursuant to subsection 3 and is
thereafter recalled to additional active service in the court system is
entitled to receive credit toward accumulating 22 years’ service for the
maximum pension based upon the time he actually spends in the additional
active service.
5. Any justice who has the years of service necessary to retire
but has not attained the required age may retire at any age with a
benefit actuarially reduced to the required retirement age. A benefit
under this subsection must be reduced in the same manner as benefits are
reduced for persons retired under the Public Employees’ Retirement System.
6. Any person receiving a pension pursuant to the provisions of
this section is entitled to receive postretirement increases equal to
those provided for persons retired under the Public Employees’ Retirement
System.
7. Any justice who desires to receive the benefits of this section
must file with the Executive Officer of the Public Employees’ Retirement
Board an affidavit setting forth the fact that he is ending his service,
the date and place of his birth, and the years he has served in any
district court or the Supreme Court.
8. The faith of the State of Nevada is hereby pledged that this
section shall not be repealed or amended so as to affect any justice who
may have ended his service pursuant to it.
9. As used in this section, “salary” includes a salary received
for service on a Supreme Court Commission created by statute.
[Part 1:118:1937; A 1947, 404; 1949, 412; 1951, 362] + [Part
2:118:1937; 1931 NCL § 4881.02] + [3:118:1937; 1931 NCL § 4881.03] +
[Part 4:118:1937; 1931 NCL § 4881.04]—(NRS A 1957, 283; 1960, 397; 1971,
244; 1975, 370; 1979, 1082; 1981, 890; 1983, 839; 1985, 858; 1987, 834;
1993, 1167; 2001, 3110 ; 2001 Special Session, 88 ; 2003, 221 )
[Effective January 1, 2007.]
1. Any justice of the Supreme Court who has served as a justice 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 life, a sum of money
equal in amount to three-fourths the sum received as a salary for his
judicial services during the last year thereof, payable monthly from the
Judicial Retirement Fund established pursuant to NRS 1A.160 .
2. Any justice of the Supreme Court who has served as a justice or
judge of 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 life, a sum of money
equal in amount to 4.1666 percent of the sum received as a salary for his
judicial services during the last year thereof, payable monthly from the
Judicial Retirement Fund established pursuant to NRS 1A.160 .
3. Any justice of the Supreme Court who qualifies for a pension
under the provisions of subsection 2 is entitled to receive, for each
year served beyond 5 years up to a maximum of 22 years, an additional
4.1666 percent of the sum received as a salary for his judicial services
during the last year thereof, payable as provided in subsection 2.
4. Any justice who has retired pursuant to subsection 3 and is
thereafter recalled to additional active service in the court system is
entitled to receive credit toward accumulating 22 years’ service for the
maximum pension based upon the time he actually spends in the additional
active service.
5. Any justice who has the years of service necessary to retire
but has not attained the required age may retire at any age with a
benefit actuarially reduced to the required retirement age. A benefit
under this subsection must be reduced in the same manner as benefits are
reduced for persons retired under the Public Employees’ Retirement System.
6. Any person receiving a pension pursuant to the provisions of
this section is entitled to receive postretirement increases equal to
those provided for persons retired under the Public Employees’ Retirement
System.
7. Any justice who desires to receive the benefits of this section
must file with the Executive Officer of the Public Employees’ Retirement
Board an affidavit setting forth the fact that he is ending his service,
the date and place of his birth, and the years he has served in any
district court or the Supreme Court.
8. The faith of the State of Nevada is hereby pledged that this
section shall not be repealed or amended so as to affect any justice who
may have ended his service pursuant to it.
[Part 1:118:1937; A 1947, 404; 1949, 412; 1951, 362] + [Part
2:118:1937; 1931 NCL § 4881.02] + [3:118:1937; 1931 NCL § 4881.03] +
[Part 4:118:1937; 1931 NCL § 4881.04]—(NRS A 1957, 283; 1960, 397; 1971,
244; 1975, 370; 1979, 1082; 1981, 890; 1983, 839; 1985, 858; 1987, 834;
1993, 1167; 2001, 3110 ; 2001 Special Session, 88 ; 2003, 221 , effective January 1, 2007)
1. A justice of the Supreme Court who has served as a justice or
as a district judge in any one or more courts for a period or periods
aggregating 5 years or more and who becomes permanently incapacitated,
physically or mentally, to perform the duties of his office may retire
from office regardless of age.
2. Any justice who retires pursuant to the provisions of
subsection 1 or who is retired because of advanced age or mental or
physical disability pursuant to Section 21 of Article 6 of the
Constitution of the State of Nevada is entitled to receive annually from
the State of Nevada, as a pension during the remainder of his life, the
same pension he would receive under NRS 2.060 based on his years of service, but without
regard to his age.
3. Any justice, or his guardian on his behalf if he is unable to
act, who desires to retire voluntarily must give notice in writing to the
Governor. The Governor shall appoint three physicians licensed to
practice medicine in the State of Nevada to examine the justice and
report the results to the Governor in writing. If a majority of the
physicians is of the opinion that the justice is permanently
incapacitated, physically or mentally, the Governor shall approve the
retirement. The justice or his guardian must file with the Executive
Officer of the Public Employees’ Retirement Board an affidavit setting
forth the fact of his retirement and the years he has served in either or
both of such courts.
4. Pensions payable pursuant to this section must be paid in the
same manner as pensions are payable under NRS 2.060 . Fees and expenses of physicians appointed
pursuant to this section must be paid out of funds from the Judicial
Retirement Administrative Fund established pursuant to NRS 1A.200 .
5. The faith of the State of Nevada is hereby pledged that this
section will not be repealed or amended so as to affect adversely any
justice who may have retired or been retired pursuant to its provisions.
(Added to NRS by 1985, 1880; A 1993, 1168; 2001 Special Session, 88
)
1. If a justice of the Supreme Court at the time of his death had
retired and was then receiving a pension under the provisions of NRS
2.060 , or if at the time of his death
the justice had not retired but had performed sufficient service for
retirement under the provisions of NRS 2.060 , the surviving spouse, if the spouse has
attained the age of 60 years, is entitled, until his death or remarriage,
to receive monthly payments of $2,500 per month.
2. If a surviving spouse of a justice is not eligible to receive
benefits pursuant to subsection 1, he is entitled, until his death or
remarriage or until he becomes eligible to receive those benefits, to
receive payments equal in amount to the payment provided in subsection 1
of NRS 286.674 for the spouse of a
deceased member of the Public Employees’ Retirement System.
3. To obtain these benefits, the surviving spouse must make
application to the Executive Officer of the Public Employees’ Retirement
Board and furnish such information as may be required pursuant to
reasonable regulations adopted for the purpose of carrying out the intent
of this section.
4. Any person receiving a benefit pursuant to the provisions of
this section is entitled to receive postretirement increases equal to
those provided for persons retired under the Public Employees’ Retirement
System.
5. It is the intent of this section that no special fund be
created for the purpose of paying these benefits, and all payments made
under the provisions of this section are to be made out of and charged to
the Judicial Retirement Fund established pursuant to NRS 1A.160 .
[1:94:1951] + [2:94:1951] + [3:94:1951]—(NRS A 1965, 1152; 1975,
283; 1979, 947; 1981, 1205; 1985, 1890; 1987, 797, 1606; 1989, 2021;
1991, 2442; 1995, 1707; 1999, 2949 ; 2001 Special Session, 89 )
1. Each child of a deceased justice of the Supreme Court is
entitled to receive payments equal in amount to the payments provided in
NRS 286.673 for the child of a deceased
member of the Public Employees’ Retirement System.
2. In determining whether a child is a full-time student or
financially dependent and physically or mentally incompetent, as provided
in NRS 286.673 , the Executive Officer
of the Public Employees’ Retirement Board shall use any applicable
standards and procedures established by the Public Employees’ Retirement
Board.
3. It is the intent of this section that no special fund be
created for the payment of benefits, and all payments made under the
provisions of this section are to be made out of and charged to the
Judicial Retirement Fund established pursuant to NRS 1A.160 .
(Added to NRS by 1987, 410; A 2001 Special Session, 90 )
1. A justice of the Supreme Court may designate, in writing, a
survivor beneficiary and one or more additional payees to receive the
payments provided pursuant to this section if the justice is unmarried on
the date of his death. A designation pursuant to this section must be
made on a form approved by the Court Administrator. If the justice has
designated one or more payees in addition to the survivor beneficiary,
the justice must designate the percentage of the payments that the
survivor beneficiary and each additional payee is entitled to receive.
2. Except as otherwise provided in this subsection, if a justice
of the Supreme Court at the time of his death had retired and was then
receiving a pension pursuant to the provisions of NRS 2.060 , or if at the time of his death the justice
had not retired but had performed sufficient service for retirement
pursuant to the provisions of NRS 2.060 , the survivor beneficiary designated pursuant
to subsection 1, if the survivor beneficiary has attained the age of 60
years, is entitled, until his death, to receive monthly payments of
$2,500 per month. If the justice had designated one or more payees in
addition to the survivor beneficiary pursuant to subsection 1, the
monthly payments paid pursuant to this subsection must be divided between
the survivor beneficiary and any additional payee in the proportion
designated by the justice pursuant to subsection 1.
3. Except as otherwise provided in this subsection, if a survivor
beneficiary of a justice is not eligible to receive benefits pursuant to
subsection 2, he is entitled, until his death or until he becomes
eligible to receive those benefits, to receive payments equal in amount
to the payment provided in subsection 1 of NRS 286.67675 for the survivor beneficiary of a deceased
member of the Public Employees’ Retirement System. If the justice had
designated one or more payees in addition to the survivor beneficiary
pursuant to subsection 1, the payments paid pursuant to this subsection
must be divided between the survivor beneficiary and any additional payee
in the proportion designated by the justice pursuant to subsection 1.
4. To obtain the benefits authorized by subsection 3, the survivor
beneficiary must make application to the Executive Officer of the Public
Employees’ Retirement Board and furnish such information as may be
required pursuant to reasonable regulations adopted for the purpose of
carrying out the intent of this section.
5. Any person receiving a benefit pursuant to the provisions of
this section is entitled to receive postretirement increases equal to
those provided for persons retired pursuant to the Public Employees’
Retirement System.
6. It is the intent of this section that no special fund be
created for the purpose of paying these benefits, and all payments made
pursuant to the provisions of this section are to be made out of and
charged to the Judicial Retirement Fund established pursuant to NRS
1A.160 .
(Added to NRS by 2001, 1292 ; A 2001 Special Session, 100 ; 2003, 2074 )
The provisions of NRS 2.060 to 2.083 ,
inclusive:
1. Apply only to a justice of the Supreme Court or a surviving
spouse or surviving child of a justice of the Supreme Court who served as
a justice of the Supreme Court or district judge before November 5, 2002;
2. Are administered by the Public Employees’ Retirement Board
pursuant to NRS 1A.100 ; and
3. Are part of the Judicial Retirement System established pursuant
to NRS 1A.100 .
(Added to NRS by 2001 Special Session, 87 )
The Supreme Court has
jurisdiction to review upon appeal:
1. A judgment in an action or proceeding, commenced in a district
court, when the matter in dispute is embraced in the general jurisdiction
of the Supreme Court, and to review upon appeal from such judgment any
intermediate order or decision involving the merits and necessarily
affecting the judgment and, in a criminal action, any order changing or
refusing to change the place of trial of the action or proceeding.
2. An order granting or refusing a new trial in such cases; an
order in a civil action changing or refusing to change the place of trial
of the action or proceeding after motion is made therefor in the cases in
which that court has appellate jurisdiction; and from an order granting
or refusing to grant an injunction or mandamus in the case provided for
by law.
[6:19:1865; B § 915; BH § 2430; C § 2513; RL § 4833; NCL §
8375]—(NRS A 1981, 1706)
The Supreme Court may reverse, affirm
or modify the judgment or order appealed from as to any or all of the
parties, and may, if necessary, order a new trial, and in a criminal
action, order the new trial to be had in the proper place. On a direct
appeal from an order in a civil action granting a motion to change the
place of trial of an action or refusing to change the place of trial, the
Court may affirm or reverse the order and order the trial to be had in
the proper place. An order in a civil action changing or refusing to
change the place of trial must not be appealed from on an appeal from a
judgment, but only on direct appeal from the order changing or refusing
to change the place of trial. When the judgment or order appealed from is
reversed or modified, this Court may make, or direct the inferior court
to make, complete restoration of all property and rights lost by the
erroneous judgment or order.
[8:19:1865; A 1913, 274; 1919 RL § 4835; NCL § 8377]—(NRS A 1981,
1706)
1. The Supreme Court may make rules not inconsistent with the
Constitution and laws of the State for its own government, the government
of the district courts, and the government of the State Bar of Nevada.
Such rules shall be published promptly upon adoption and take effect on a
date specified by the Supreme Court which in no event shall be less than
30 days after entry of an order adopting such rules.
2. The Supreme Court, by rules adopted and published from time to
time, shall regulate original and appellate civil practice and procedure,
including, without limitation, pleadings, motions, writs, notices and
forms of process, in judicial proceedings in all courts of the State, for
the purpose of simplifying the same and of promoting the speedy
determination of litigation upon its merits. Such rules shall not
abridge, enlarge or modify any substantive right and shall not be
inconsistent with the Constitution of the State of Nevada. Such rules
shall be published promptly upon adoption and take effect on a date
specified by the Supreme Court which in no event shall be less than 60
days after entry of an order adopting such rules.
[Part 8:19:1865; A 1913, 274; 1919 RL § 4835; NCL § 8377] +
[1:40:1951] + [2:40:1951]—(NRS A 1963, 384; 1967, 112)
The Supreme Court
shall:
1. Hold such regular sessions during each calendar year as are
necessary to dispose of its business.
2. Always be open for the issuance of writs.
[9:19:1865; B § 918; BH § 2433; C § 2516; RL § 4836; NCL §
8378]—(NRS A 1967, 209)
[Effective until the date on which the voters
approve a constitutional amendment establishing an intermediate court of
appeals.]
1. The Supreme Court may sit, hear and decide cases in panels of
three justices. Concurrence of a majority of the justices sitting on a
panel is necessary to decide a case. The full Court shall reconsider any
case decided by a panel if any two justices so request.
2. The full Court may assign to a panel any case over which the
Supreme Court has jurisdiction.
3. If panels of justices are established, the Supreme Court shall:
(a) Adopt rules to govern the use of panels for the hearing and
decision of cases.
(b) Designate the places of holding court by panels.
(Added to NRS by 1997, 1529)
[Effective until the date on which the voters
approve a constitutional amendment establishing an intermediate court of
appeals.] Four justices constitute a quorum for the transaction of
business, excepting such business as may be done at chambers or by
panels. The concurrence of four justices who heard the argument is
necessary to pronounce a judgment, except in business done at chambers or
by panels.
[10:19:1865; B § 919; BH § 2434; C § 2517; RL § 4837; NCL §
8379]—(NRS A 1967, 836; 1997, 1530)
[Effective on the date on
which the voters approve a constitutional amendment establishing an
intermediate court of appeals.] Three justices shall constitute a quorum
for the transaction of business, excepting such business as may be done
at chambers, and the concurrence of three justices who heard the argument
shall be necessary to pronounce any judgment, except in chamber business;
and if three justices who have heard the argument do not agree, the case
shall be reargued.
[10:19:1865; B § 919; BH § 2434; C § 2517; RL § 4837; NCL §
8379]—(NRS A 1967, 836; 1997, 1530, effective on the date on which the
voters approve a constitutional amendment establishing an intermediate
court of appeals)
If a room in which to
hold the court, together with attendants, fuel, lights and stationery,
suitable and sufficient for the transaction of business, is not provided
by the State, the Court may direct the sheriff of any county where the
session is held to provide a room, attendants, fuel, lights and
stationery, and the expenses must be paid out of the State Treasury.
[11:19:1865; B § 920; BH § 2435; C § 2518; RL § 4838; NCL §
8380]—(NRS A 1969, 312; 1985, 221)
1. Immediately upon a case being submitted to the Supreme Court it
shall be assigned to one member of the Court for the preparation of an
opinion.
2. All opinions and decisions rendered by the Supreme Court shall
be in writing, signed by the justices concurring therein, and shall be
spread at large on the records of the Court kept for that purpose.
[4:222:1913; 1919 RL p. 3314; NCL § 8432] + [12:19:1865; B § 921;
BH § 2436; C § 2519; RL § 4839; NCL § 8381]
A justice of the Supreme
Court shall not act as attorney or counsel in any court except in an
action or proceeding to which he is a party on the record.
[Part 46:19:1865; B § 951; BH § 2465; C § 2546; RL § 4866; NCL §
8408]
A justice of
the Supreme Court shall not absent himself 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]
1. Any amount appropriated by the Legislature from the State
General Fund for the support or operation of the Supreme Court during a
fiscal year must be reduced to the extent that the amount of any
administrative assessments distributed to the Office of the Court
Administrator for allocation to the Supreme Court pursuant to NRS 176.059
exceeds the amount which is authorized
by the Legislature for expenditure from those assessments for that fiscal
year.
2. The Supreme Court shall reserve for reversion each fiscal year
the amount by which an appropriation from the State General Fund must be
reduced pursuant to subsection 1, and that amount reverts to the State
General Fund upon the close of that fiscal year by the State Controller.
(Added to NRS by 2001, 2356 )
The justices of the Supreme Court shall have power in any
part of the State to take and certify:
1. The acknowledgment of conveyances and the satisfaction of a
judgment of any court.
2. An affidavit to be used in any court of justice in this state.
[63:19:1865; B § 968; BH § 2482; C § 2563; RL § 4883; NCL § 8425]
Not later
than March 1 of each odd-numbered year, the Supreme Court shall prepare
and submit to the Director of the Legislative Counsel Bureau for
distribution to each regular session of the Legislature a report of the
information submitted to the Supreme Court by the district attorneys
during the preceding biennium pursuant to NRS 178.750 .
(Added to NRS by 2003, 2085 )
1. Each justice of the Supreme Court may use a facsimile signature
produced through a mechanical device in place of his handwritten
signature whenever the necessity arises and upon approval of the Supreme
Court, subject to the following conditions:
(a) That the mechanical device must be of such a nature that the
facsimile signature may be removed from the mechanical device and kept in
a separate secure place.
(b) That the use of the facsimile signature may be made only under
the direction and supervision of the justice whose signature it
represents.
(c) That the entire mechanical device must at all times be kept in
a vault, securely locked, when not in use, to prevent any misuse of the
device.
2. No facsimile signature produced through a mechanical device
authorized by the provisions of this section may be combined with the
signature of another officer.
(Added to NRS by 1989, 998)
OFFICERS AND EMPLOYEES
1. The Supreme Court shall appoint a Clerk of the Supreme Court;
but any person elected to the office of Clerk of the Supreme Court before
July 1, 1957, shall continue to hold such office until the expiration of
the term for which he may have been elected.
2. The Clerk of the Supreme Court shall hold office and be
removable at the pleasure of the Supreme Court.
[12:108:1866; B § 2610; BH § 1647; C § 1793; RL § 2776; NCL § 4776]
+ [Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765]
+ [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL §
4773]—(NRS A 1957, 109)
No person shall be eligible to
the office of Clerk of the Supreme Court unless:
1. He shall have attained the age of 21 years at the time of his
appointment; and
2. He shall be a qualified elector and a citizen resident of this
state for 1 year next preceding his appointment.
[Part 2:108:1866; A 1953, 711; 1955, 459]—(NRS A 1957, 109)
The Supreme Court shall fix the annual
salary of the Clerk of the Supreme Court within the limits of legislative
appropriations.
[Part 8:295:1953; A 1955, 527] + [8:320:1955] + [11:320:1955] +
[13:320:1955]—(NRS A 1957, 540; 1963, 539; 1967, 456)
The Clerk of the Supreme Court may,
under his hand and seal, appoint deputies in his office. A deputy so
appointed may, during the absence or inability of the Clerk of the
Supreme Court, perform all of the duties of a ministerial nature
requisite and pertaining to the office.
[Part 1:258:1951]—(NRS A 1973, 353; 1985, 1224)
The Clerk of the Supreme Court is
authorized to employ persons necessary to carry out the duties of his
office.
[2:258:1951]
1. The Clerk of the Supreme Court may demand and receive for his
services rendered in discharging the duties imposed upon him by law the
following fees:
(a) Except as otherwise provided in paragraph (d), whenever an
appeal is taken to the Supreme Court, or whenever a special proceeding by
way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or
otherwise is brought in or to the Supreme Court, the appellant and any
cross-appellant or the party bringing a special proceeding shall, at or
before the appeal, cross-appeal or petition for a special proceeding has
been entered on the docket, pay to the Clerk of the Supreme Court the sum
of $200.
(b) Except as otherwise provided in paragraph (d), a party to an
appeal or special proceeding who petitions the Supreme Court for a
rehearing shall, at the time of filing such a petition, pay to the Clerk
of the Supreme Court the sum of $100.
(c) Except as otherwise provided in paragraph (d), in addition to
the fees required pursuant to paragraphs (a) and (b):
(1) Whenever an appeal is taken to the Supreme Court, or
whenever a special proceeding by way of mandamus, certiorari,
prohibition, quo warranto, habeas corpus, or otherwise is brought in or
to the Supreme Court, the appellant and any cross-appellant or the party
bringing a special proceeding shall, at or before the appeal,
cross-appeal or petition for a special proceeding has been entered on the
docket, pay to the Clerk of the Supreme Court a court automation fee of
$50.
(2) A party to an appeal or special proceeding who petitions
the Supreme Court for a rehearing shall, at the time of filing such a
petition, pay to the Clerk of the Supreme Court a court automation fee of
$50.
Ê The Clerk of the Supreme Court shall remit the fees collected pursuant
to this paragraph to the State Controller for credit to a special account
in the State General Fund. The State Controller shall distribute the
money received to the Office of Court Administrator to be used for
advanced and improved technological purposes in the Supreme Court. The
special account is restricted to the use specified, and the balance in
the special account must be carried forward at the end of each fiscal
year. As used in this paragraph, “technological purposes” means the
acquisition or improvement of technology, including, without limitation,
acquiring or improving technology for converting and archiving records,
purchasing hardware and software, maintaining the technology, training
employees in the operation of the technology and contracting for
professional services relating to the technology.
(d) No fees may be charged by the Clerk in:
(1) Any action brought in or to the Supreme Court wherein
the State of Nevada or any county, city or town thereof, or any officer
or commission thereof is a party in his or its official or representative
capacity, against the State of Nevada, county, city, town, officer or
commission;
(2) A habeas corpus proceeding of a criminal or
quasi-criminal nature; or
(3) An appeal taken from, or a special proceeding arising
out of, a criminal proceeding.
(e) A fee of $60 for Supreme Court decisions in pamphlet form for
each year, or a fee of $30 for less than a 6 months’ supply of decisions,
to be collected from each person who requests such decisions, except
those persons and agencies set forth in NRS 2.345 . The Clerk may charge a reasonable fee to all
parties, including, without limitation, the persons and agencies set
forth in NRS 2.345 , for access to
decisions of the Supreme Court compiled in an electronic format.
(f) A fee from a person who requests a photostatic copy or a
photocopy print of any paper or document in an amount determined by the
justices of the Supreme Court.
2. The Clerk of the Supreme Court shall not charge any fee that is
not authorized by law.
3. The Clerk of the Supreme Court shall keep a fee book in which
the Clerk shall enter in detail the title of the matter, proceeding or
action, and the fees charged therein. The fee book must be open to public
inspection in the office of the Clerk.
4. The Clerk of the Supreme Court shall publish and post in some
conspicuous place in his office a table of fees for public inspection.
The Clerk shall forfeit a sum of not less than $20 for each day of his
omission to do so, which sum with costs may be recovered by any person by
filing an action before any justice of the peace of the same county.
5. All fees prescribed in this section must be paid in advance, if
demanded. If the Clerk of the Supreme Court has not received any or all
of the fees which are due to him for services rendered in any suit or
proceeding, the Clerk may have execution therefor in his own name against
the party from whom they are due, to be issued from the Supreme Court
upon order of a justice thereof or from the Court upon affidavit filed.
6. The Clerk of the Supreme Court shall give a receipt on demand
of the party paying a fee. The receipt must specify the title of the
cause in which the fee is paid and the date and the amount of the payment.
7. The Clerk of the Supreme Court shall, when depositing with the
State Treasurer money received for Court fees, render to the State
Treasurer a brief note of the cases in which the money was received.
[Part 1:49:1883; BH § 2342; C § 2460; RL § 2005; NCL § 2936] +
[2:49:1883; A 1917, 30; 1921, 111; NCL § 2937] + [17:49:1883; BH § 2358;
C § 2482; RL § 2019; NCL § 2950] + [18:49:1883; BH § 2359; C § 2483; RL §
2020; NCL § 2951] + [23:49:1883; BH § 2364; C § 2488; RL § 2025; NCL §
2956] + [25:49:1883; BH § 2366; C § 2490; RL § 2027; NCL § 2958] + [Part
31:49:1883; BH § 2372; C § 2496; RL § 2033; NCL § 2964] + [32:49:1883; A
1919, 15; 1953, 46] + [21:49:1883; BH § 2362; C § 2486; RL § 2023; NCL §
2954] + [22:49:1883; BH § 2363; C § 2487; RL § 2024; NCL § 2955]—(NRS A
1971, 827, 2059; 1981, 251; 1983, 469; 1985, 221, 712; 1997, 1210; 1999,
1203 ; 2003, 2119 )
If the Clerk of the
Supreme Court:
1. Violates any of the provisions of subsections 2 and 3 of NRS
2.250 , he shall be fined in an amount
not exceeding $1,000.
2. Takes greater fees than authorized by law, he shall, upon
conviction, be removed from office and fined in an amount not exceeding
$1,000.
(Added to NRS by 1985, 711; A 1999, 1205 )
The Clerk of the Supreme Court shall, on or before the 5th day of
each calendar month, publish a list of all cases submitted to the Supreme
Court, which remain undecided for a period of more than 90 days, together
with the date of original submission and the dates of any orders of
resubmission. Publication shall be made in a newspaper publishing
advertising for the State. It shall not be necessary to publish the full
title of each case, but the number of the case and so much of the title
as is sufficient to identify the same shall be published.
[1:222:1913; 1919 RL p. 3313; NCL § 8429]
From and
after March 5, 1937, and continuing at convenient dates thereafter, the
Clerk of the Supreme Court, with the approval of the justices, shall
destroy any exhibits which have been in his custody for at least 5 years
and which shall have been considered by the justices to be of no further
use or value. The Clerk shall destroy the exhibits by such means as he
shall determine to be in conformity with the intent of this section.
[1:42:1937; 1931 NCL § 8445.10]
The Clerk of the Supreme Court shall have power in any part
of the State to take and certify:
1. The acknowledgment of conveyances and the satisfaction of a
judgment of any court.
2. An affidavit to be used in any court of justice in this state.
[Part 63:19:1865; B § 968; BH § 2482; C § 2563; RL § 4883; NCL §
8425]
The Supreme Court, or a majority thereof, is
authorized to designate:
1. One of the law clerks employed pursuant to NRS 2.300 to act as Bailiff of the Supreme Court without
additional compensation; or
2. The Sheriff of Carson City to act as Bailiff of the Supreme
Court. For his services as Bailiff, either in person or by deputy, he
shall receive from the State, in full payment for such services, the sum
of $50 per calendar month when actually in attendance upon the Court,
such sum to be paid by the State Treasurer out of the biennial
appropriation therefor. The Sheriff, as Bailiff, shall retain to his own
use all moneys received by him under the provisions of this subsection.
[1:90:1901; A 1923, 19; NCL § 8438] + [Part 8:295:1953; A 1955,
527]—(NRS A 1967, 137; 1969, 312)
The Supreme Court, or a majority
thereof, is authorized to employ stenographic clerks, law clerks, legal
assistants, legal secretaries and other necessary employees within the
limits of the appropriation made for the support of the Supreme Court.
[Part 1:4:1909; RL § 4891; NCL § 8441]—(NRS A 1957, 543; 1960, 74;
1967, 834; 1971, 828)
The
Supreme Court may appoint an Official Reporter who must be a certified
court reporter and who shall perform such duties as may be required of
him by the Court.
[Part 1:10:1907; RL § 4889; NCL § 8439]—(NRS A 1973, 1321; 1993,
1409)
NEVADA REPORTS AND ADVANCE SHEETS
The Clerk of the
Supreme Court and the Official Reporter are ex officio reporters of
decisions. Whenever any case is finally determined by the Supreme Court,
the reporters of decisions shall make a synopsis of the opinion and
decision of the Supreme Court in the case. A copy of the opinion together
with the synopsis must be filed by the reporters of decisions with the
State Printer.
[1:187:1915; A 1941, 94; 1931 NCL § 5212]—(NRS A 1973, 1453; 1985,
455; 1993, 1499; 1997, 8)
The reporters of decisions shall have
the decisions and synopses, together with an index, table of cases and of
statutes and provisions of constitution cited, printed and bound in
volumes of the size, as nearly as may be, of the volumes heretofore
published.
[2:187:1915; A 1941, 94; 1953, 13]
1. The State Printer shall furnish the reporters of decisions with
proof sheets for their verification and correction before publication in
permanent form. The State Printer then shall print immediately each
complete Supreme Court decision in pamphlet form and shall furnish the
Clerk of the Supreme Court with as many pamphlet copies of each decision
as the Clerk determines are necessary for distribution to licensed
attorneys, or any person mentioned in NRS 2.345 , or for his use and the use of the justices of
the Supreme Court. Each decision must be printed and pamphlet copies
returned to the Clerk of the Supreme Court within 14 days, not including
the day of delivery, after the decision has been furnished to the State
Printer by the Clerk of the Court. For good cause shown, the Chief
Justice of the Supreme Court may extend the time within which the
decision or decisions may be published.
2. At the time of delivering the copy of any decision to the State
Printer pursuant to the provisions of NRS 2.320 , which must be immediately after the decision
is filed, the Clerk of the Supreme Court shall take a receipt for the
decision. The receipt must set forth the date of delivery and the title
and number of the case.
[3:187:1915; A 1951, 367]—(NRS A 1961, 54; 1969, 1517; 1971, 2061;
1973, 1453; 1985, 455; 1993, 1499; 1997, 8)
The
following persons and agencies are entitled to the Supreme Court
decisions in pamphlet form without charge:
1. Each of the judges of the District Court of the United States,
one copy.
2. The Supreme Court Law Library, two copies.
3. Each state officer, district judge, district attorney, county
clerk, justice of the peace and municipal judge in this State, one copy.
4. Each public library in this State, one copy.
5. Each library in the Nevada System of Higher Education, one copy.
6. Each newspaper published in this State, and each commercial
television and radio station transmitting in this State, one copy upon
its annual request therefor.
(Added to NRS by 1971, 2059; A 1973, 424; 1977, 484; 1979, 22;
1983, 901; 1993, 360)
The title of each of the bound
volumes shall be Nevada Reports, which title, together with the name of
the Clerk of the Supreme Court and the number of the volume, shall be
printed on the back of each book.
[4:187:1915; 1919 RL p. 3315; NCL § 5215]
The work of the reporters of decisions in preparing the
material for the Nevada Reports shall be under the direction and
supervision of the justices of the Supreme Court.
[5:187:1915; 1919 RL p. 3315; NCL § 5216]
1. The stenographic clerks of the Supreme Court shall, without
additional compensation, assist the reporters of decisions in the
preparation of the material for the Nevada Reports.
2. Immediately after the filing of any decision by the Supreme
Court, the Clerk of the Supreme Court shall mail a copy of such decision
to counsel upon each side of the case, which copy shall bear the
certificate of such Clerk to be a full, true and correct copy of such
decision.
[6:187:1915; 1919 RL p. 3315; NCL § 5217]—(NRS A 1960, 152)
The State Printer shall
cause to be printed upon good paper and in a workmanlike manner, bound in
buckram and delivered to the Legislative Counsel Bureau a number of
copies of each volume of decisions published after February 16, 1967, not
less than 750 and sufficient in the opinion of the Director of the
Legislative Counsel Bureau to meet the requirements for free distribution
pursuant to NRS 345.020 and for sale.
[8:187:1915; A 1931, 314; 1949, 586; 1943 NCL § 5219]—(NRS A 1967,
86; 1969, 1518; 1973, 1408, 1453; 1985, 456; 1993, 1499; 1997, 9)
Repealed. (See
chapter 318, Statutes of Nevada 2005, at page 1094 .)
Funds for printing the Nevada Reports and the pamphlet decisions shall
be provided by legislative appropriation from the General Fund as a
budgeted part of the appropriation for the support of the Supreme Court,
and shall be paid out on claims as other claims against the State are
paid.
[Part 3:187:1915; A 1951, 367]
LAW LIBRARY
[Effective through
December 31, 2006.]
1. The Supreme Court Law Library shall be under the supervision
and control of the Supreme Court, which may make and enforce such rules
and regulations as may be necessary for the government, use and services
of the Library. Such rules or regulations shall assure that the Library
is accessible for public use and to users in all parts of the State.
2. There is hereby created a Supreme Court Commission on Law
Libraries. The Chief Justice of the Supreme Court shall appoint justices
of the Supreme Court who are interested in issues related to improving
access by the public to the law and legal publications to serve on the
Commission.
3. The Supreme Court Commission on Law Libraries shall:
(a) Advise the Supreme Court concerning the government, use and
services of the Supreme Court Law Library, including, without limitation,
any decisions made by the Supreme Court pursuant to subsection 1 and NRS
2.420 and 2.430 ;
(b) Coordinate the development of materials to aid persons who
choose to represent themselves in litigation and other legal matters
rather than retaining an attorney; and
(c) Provide assistance and advice to the District Court Commission
on Law Libraries during its existence concerning the government, use and
services of county law libraries.
4. The Commission shall meet at least quarterly and shall prepare
and submit an annual report to the Office of the Court Administrator.
5. On January 6, 2003, the Chief Justice of the Supreme Court
shall appoint two justices of the Supreme Court to serve terms on the
Supreme Court Commission on Law Libraries which begin on January 6, 2003,
and end on January 2, 2005, and three justices to serve terms which begin
on January 6, 2003, and end on December 31, 2006. If a justice appointed
pursuant to this subsection to serve on the Supreme Court Commission on
Law Libraries ceases to be a justice of the Supreme Court, his term as a
member of the Supreme Court Commission on Law Libraries expires on the
date that he ceases to be a justice of the Supreme Court. Such a vacancy
on the Supreme Court Commission on Law Libraries may only be filled by
the person appointed to fill the vacancy on the Supreme Court and only
for the remainder of the term for which he is appointed and actually
serves.
6. Each member of the Supreme Court Commission on Law Libraries
who is appointed pursuant to subsection 5 is entitled to receive a salary
of $32,400 for each year that he serves on the Commission, payable in
biweekly installments.
(Added to NRS by 1973, 422; A 2001, 3111 )
[Effective January 1, 2007.] The Supreme Court Law Library
shall be under the supervision and control of the Supreme Court, which
may make and enforce such rules and regulations as may be necessary for
the government, use and services of the Library. Such rules or
regulations shall assure that the Library is accessible for public use
and to users in all parts of the State.
(Added to NRS by 1973, 422; A 2001, 3111 , effective January 1, 2007)
The justices of the Supreme
Court may designate the hours that the Supreme Court Law Library shall be
open for the use of the public.
(Added to NRS by 1973, 423)
1. The Supreme Court may appoint a Librarian, who shall serve at
the pleasure of the Supreme Court.
2. The Supreme Court Law Librarian, with the approval of the
Supreme Court, may employ such personnel as the execution of his duties
and the maintenance and operation of the Library may require.
3. All of the personnel of the Supreme Court Law Library are
exempt from the provisions of chapter 284 of
NRS, and are entitled to such leaves of absence as the Supreme Court
prescribes.
(Added to NRS by 1973, 422)
The Supreme Court Law
Librarian shall:
1. Be a graduate of a library school accredited by the American
Library Association;
2. Have at least 2 years of library experience in an
administrative capacity; and
3. Have at least 1 year of training in a law school or 2 years of
experience as an employee in a law library.
(Added to NRS by 1973, 423)
The Supreme Court Law Librarian shall
submit a biennial report to the justices of the Supreme Court concerning
the condition, operation and functioning of the Law Library.
(Added to NRS by 1973, 423)
The
Supreme Court Law Librarian may purchase and exchange the Nevada Reports,
Nevada Revised Statutes and supplements or any other compilation or code
of Nevada laws, or any other book or periodical with other law libraries
in the United States in return for their legal compilations, books or
periodicals when, in the judgment of the Supreme Court Law Librarian,
such exchange is in the best interests of the Supreme Court Law Library.
(Added to NRS by 1973, 423)
1. The Supreme Court Law Librarian may collect a charge from any
person who requests any photostatic copy or photocopy print of any paper
or document from the Supreme Court Law Library or who uses any
computerized service for legal research to which the Law Library
subscribes. The amount of the charge must be set by the Supreme Court Law
Librarian but must not exceed the cost of the photographic copying
process for any specific paper or document or the cost to the Law Library
for that service.
2. The money collected from the fees must be deposited in the
State Treasurer’s office and credited to the Account of the Supreme Court
Law Library. The receipts may be expended by the Supreme Court Law
Library pursuant to the provisions of law authorizing budgeted
expenditures of money not appropriated from the State General Fund by
various state officers, departments, boards, agencies, commissions and
institutions for specific fiscal years.
(Added to NRS by 1973, 423; A 1987, 505)
1. Funds for operation and maintenance of the Supreme Court Law
Library must be provided by legislative appropriation from the General
Fund in the State Treasury as a budgeted part of the appropriation for
the support of the Supreme Court, and must be paid out on claims as other
claims against the State are paid.
2. All unappropriated funds received by the Supreme Court Law
Library shall be deposited in the Supreme Court Law Library’s Account and
must be used for law library purposes.
(Added to NRS by 1973, 423; A 1981, 252)
All gifts
of money which the Supreme Court Librarian is authorized to accept must
be deposited in the State Treasury in a fund to be known as the Supreme
Court Law Library Gift Fund. The Fund is a continuing fund without
reversion, and money in the Fund must be used for Supreme Court Law
Library purposes only and expended in accordance with the terms of the
gift.
(Added to NRS by 1973, 423; A 1979, 611)
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