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 )
“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 )
“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 )
“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 )
“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
The State is
hereby divided into nine 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 Counties of Churchill and Lyon
constitute 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.
[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)
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 )
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)
For the First Judicial District there must be two district judges.
(Added to NRS by 1981, 1954)
For the Second Judicial District there
must be 12 district judges, 4 of whom must be judges of the family court.
(Added to NRS by 1979, 1104; A 1989, 955; 1991, 2175; 1997, 3;
2001, 2746 )
For the Third Judicial District there must be three district judges.
(Added to NRS by 1981, 1954; A 1987, 1859; 1997, 1733)
For the Fourth Judicial District there must be two district judges.
(Added to NRS by 1981, 1954; A 1987, 1859)
For the Fifth Judicial District there must be two district judges.
(Added to NRS by 1981, 1954; A 1999, 2575 )
For the Sixth Judicial District there must be two district judges.
(Added to NRS by 1981, 1954)
For the Seventh Judicial District there must be two district judges.
(Added to NRS by 1981, 1954; A 1991, 2170)
[Effective through December 31, 2006.]
For the Eighth Judicial District there must be 33 district judges, 12 of
whom must be 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 )
[Effective January 1, 2007.] For the
Eighth Judicial District there must be 37 district judges, 13 of whom
must be 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 , effective January 1, 2007)
For the Ninth Judicial District there must be two district judges.
(Added to NRS by 1981, 1954)
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)
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 )
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 )
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)
1. Unless he 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 he 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)
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 )
1. Until the first Monday in January 2003, the annual base salary
of each district judge is $100,000. From and after the first Monday in
January 2003, the annual base salary of each district judge is $130,000.
2. If a district judge has served in his office for at least 4
years, he is entitled to an additional salary of 2 percent of his annual
base salary for each year of service. The additional salary must not
exceed 22 percent of his annual base salary.
3. The annual base salaries and the additional salary for
longevity must be paid in biweekly installments out of the District
Judges’ Salary 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 )
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)
1. A person may not be a candidate for or be eligible to the
office of district judge:
(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 a total of not less than 10 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 district judge 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 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 )
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
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)
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 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]
1. Any judge of the district court who has served as a justice of
the Supreme Court 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 judge of the district court who has served as a justice of
the Supreme Court 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 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 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 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 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 judge of the
district court 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] +
[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 )
1. A district judge who has served as a district judge or as 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 his
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 life, the same pension he
would receive under NRS 3.090 based on
his years of service but without regard to his age.
3. Any judge, 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 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 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 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
)
1. If a district judge at the time of his death had retired and
was then receiving a pension under the provisions of NRS 3.090 , or if at the time of his 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 his 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, 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
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 )
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 )
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 his 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 death had retired and was then receiving a
pension pursuant to the provisions of NRS 3.090 , or if at the time of his 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 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, 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 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 )
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 )
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 )
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, he 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)
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)
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]
A district
judge 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]
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]
1. Each district judge 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 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)
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)
At any
time after March 22, 1911, it shall be lawful for the district judge of
each judicial district, during his continuance in office, to sign any and
all minutes and records of the court of the district for which he is
incumbent, in whatsoever district or county the same may be, left
unsigned by his 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]
1. Any records left unsigned by a district judge at his
retirement, resignation or at the expiration of his term of office may be
signed by the judge during the 12 months following his 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 him 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
him 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 him,
and also in making any lawful order incident thereto, shall be valid for
all purposes as if done prior to his 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 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 his death, or of his ceasing, for any cause, to exercise the duties
and functions of his 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 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)
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 own district and
shall see that it is properly performed.
[1:59:1895; C § 2573; RL § 4922; NCL § 8469]
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 )
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.500 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 )
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)
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 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 )
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, he must also inform the jury
that they are not to be governed by his statement upon matters of fact.
[23:19:1865; B § 931; BH § 2445; C § 2526; RL § 4846; NCL § 8388]
A district judge may be required, in
deciding any question of law, to reduce his 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 him.
[24:19:1865; B § 932; BH § 2446; C § 2527; RL § 4847; NCL § 8389]
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 duties during the preceding
month.
(Added to NRS by 1999, 706 )
OFFICERS AND EMPLOYEES
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 )
The county clerk
shall be clerk of the district court of his county.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL §
4765]
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 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]
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)
1. The clerk of each district court shall obtain and file
information regarding the nature of each civil case filed with the
district court.
2. The clerk shall provide a form approved by the Court
Administrator for obtaining the information required by subsection 1. No
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
representative.
3. The clerk shall maintain the information contained in the form
in a separate system of filing to allow the retrieval of statistics
relating to the number, nature and date of each civil action filed in the
district courts.
(Added to NRS by 1985, 1895)
1. The clerk shall keep among the records of the court a register
of actions. He shall enter therein the title of the action, if in
district court, and he 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)
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]
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)
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)
1. 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. In either case, the bailiff serves at the pleasure of the
judge he serves.
2. In all judicial districts where there is more than one judge,
there may be a number of bailiffs 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, each bailiff to be appointed by the
joint action of the judges. If the judges cannot agree upon the
appointment of any bailiff within 30 days after a vacancy occurs in the
office of bailiff, then the appointment must be made by a majority of the
board of county commissioners.
3. Each bailiff 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 by the
judge of the court.
4. The bailiff 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 duty.
5. The compensation of each bailiff for his services must be fixed
by the board of county commissioners of the county and his salary paid by
the county wherein he 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 warrant
for it, and the county treasurer shall pay it.
7. The provisions of this section do not:
(a) Authorize the bailiff 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 for service.
(b) Relieve the sheriff of any duty required of him by law to
maintain order in the courtroom.
[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)
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 him. The appointee may be any
business organization if the person representing it, 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, take down in shorthand 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) If 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, write
out the shorthand copy, or such specific portions thereof as may be
requested, in plain and legible longhand, or by typewriter or other
printing machine. The reporter shall certify to that copy as being
correctly reported and transcribed, and, when directed by the law or
court, file it with the clerk of the court.
[1:52:1907; A 1921, 96; NCL § 8455]—(NRS A 1973, 1321; 1981, 245;
1993, 1410)
The official reporter of any district court shall attend to the
duties of his 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 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 employment as the official
reporter.
[3:52:1907; RL § 4910; NCL § 8457]
The official
reporter of any court, or official reporter pro tempore, shall, before
entering upon the duties of his office, take and subscribe the
constitutional oath of office.
[4:52:1907; RL § 4911; NCL § 8458]
The
report 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]
1. Except as otherwise provided in subsection 3, for his 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. 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 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 his 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 compensation has been paid to him or deposited
with the clerk of the court.
6. Where a transcript is ordered by the court or by any party, the
compensation for it must be paid to the clerk of the court and by him
paid to the reporter upon the furnishing of the transcript.
7. The testimony and proceedings in an uncontested divorce action
need not be transcribed unless requested by a party or ordered by the
court.
[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 )
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 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 read the recording and to
transcribe it into typewriting. The person transcribing the recording
shall subscribe to an oath that he has truly and correctly transcribed it.
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. In civil and criminal cases when the court has ordered the use
of such sound recording equipment, any party to the action, at his own
expense, may provide a certified court reporter to take down in shorthand
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)
ACTIONS RELATING TO PATERNITY OR SUPPORT OF CHILDREN
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 his 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)
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
1. In a county whose population is 400,000 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. The court shall submit a report to the Director of the
Legislative Counsel Bureau for distribution to each regular session of
the Legislature on or before March 1 of each odd-numbered year that must
include:
(a) A summary of the number and types of cases mediated and
resolved by the program during the previous biennium;
(b) The fees collected by the program and any gifts or grants
received by the court to support the program; and
(c) Suggestions for any necessary legislation to improve the
effectiveness and efficiency of the program.
5. 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)
1. In a county whose population is more than 100,000 and less than
400,000, 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 100,000 or less 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 100,000 or less 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. The district court in any county which has established a
program pursuant to this section shall submit a report to the Director of
the Legislative Counsel Bureau for distribution to each regular session
of the Legislature on or before March 1 of each odd-numbered year. If two
or more district courts establish such a program, only one of those
courts is required to submit such a report for that program. The report
must include a summary of the number and type of cases mediated and
resolved by the program during the previous biennium, the fees collected
by the program and any gifts or grants received by the court or courts to
support the program. The report must also contain suggestions for any
necessary legislation to improve the effectiveness and efficiency of the
program.
5. 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)
|
