Except as provided for secured transactions in chapter 104 of NRS, in the case of an assignment of a thing in
action, the action by the assignee shall be without prejudice to any
setoff or other defense existing at the time of, or before notice of, the
assignment; but this section shall not apply to a negotiable promissory
note, or bill of exchange, transferred in good faith and upon good
consideration before due.
[1911 CPA § 46; RL § 4988; NCL § 8545]—(NRS A 1965, 913)
1. Any person who desires to prosecute or defend a civil action
may:
(a) File an affidavit with the court setting forth with
particularity facts concerning his income, property and other resources
which establish that he is unable to prosecute or defend the action
because he is unable to pay the costs of so doing; or
(b) Submit a statement or otherwise indicate to the court that he
is a client of a program for legal aid.
2. If the court is satisfied that a person who files an affidavit
pursuant to subsection 1 is unable to pay the costs of prosecuting or
defending the action or if the court finds that a person is a client of a
program for legal aid, the court shall order:
(a) The clerk of the court:
(1) To allow the person to commence or defend the action
without costs; and
(2) To file or issue any necessary writ, process, pleading
or paper without charge.
(b) The sheriff or other appropriate public officer within this
State to make personal service of any necessary writ, process, pleading
or paper without charge.
3. If the person is required to have proceedings reported or
recorded, or if the court determines that the reporting, recording or
transcription of proceedings would be helpful to the adjudication or
appellate review of the case, the court shall order that the reporting,
recording or transcription be performed at the expense of the county in
which the action is pending but at a reduced rate as set by the county.
4. If the person prevails in the action, the court shall enter its
order requiring the losing party to pay into court within 5 days the
costs which would have been incurred by the prevailing party, and those
costs must then be paid as provided by law.
5. Where the affidavit establishes that the person is unable to
defend an action, the running of the time within which to appear and
answer or otherwise defend is tolled during the period between the filing
of the affidavit and the ruling of the court thereon.
6. An affidavit filed pursuant to this section, and any
application or request for an order filed with the affidavit, does not
constitute a general appearance before the court by the affiant or give
the court personal jurisdiction over him.
7. The order of the court to which application is made pursuant to
this section is not appealable.
8. As used in this section, “client of a program for legal aid”
means a person:
(a) Who is represented by an attorney who is employed by or
volunteering for a program for legal aid organized under the auspices of
the State Bar of Nevada, a county or local bar association, a county or
municipal program for legal services or other program funded by this
State or the United States to provide legal assistance to indigent
persons; and
(b) Whose eligibility for such representation is based upon
indigency.
(Added to NRS by 1967, 1209; A 1989, 201; 1991, 455; 2005, 197
)
A husband and wife may sue
jointly on all causes of action belonging to either or both of them,
except:
1. When the action is for personal injuries, the spouse having
sustained personal injuries is a necessary party; and
2. When the action is for compensation for services rendered, the
spouse having rendered the services is a necessary party.
[1911 CPA § 47; A 1937, 29; 1931 NCL § 8546]—(NRS A 1975, 557)
If
husband and wife are sued together, either or both may defend, and if
either neglects to defend, the other may defend for both.
[1911 CPA § 48; RL § 4990; NCL § 8547]—(NRS A 1975, 558)
When a husband
has deserted his family, the wife may prosecute or defend in his name any
action which he might have prosecuted or defended, and shall have the
same powers and rights therein as he might have, and, under like
circumstances, the husband shall have the same right.
[1911 CPA § 49; RL § 4991; NCL § 8548]
When a guardian ad
litem is appointed by the court, he must be appointed as follows:
1. When the infant is plaintiff, upon the application of the
infant if he be of the age of 14 years, or, if under that age, upon the
application of a relative or friend of the infant.
2. When the infant is defendant, upon the application of the
infant if he be of the age of 14 years and apply within 10 days after the
service of the summons, or, if under that age or if he neglect to so
apply, then upon the application of a relative or friend of the infant,
or any other party to the action.
3. When an insane or incompetent person is a party to an action or
proceeding, upon the application of a relative or friend of such insane
or incompetent person, or of any other party to the action or proceeding.
[1911 CPA § 51; RL § 4993; NCL § 8550]
Either of the parents or the guardian of a male or female minor child
under the age of 16 years may, on behalf of that child, bring an action
for the seduction of that child, against a person 3 or more years older
than the child. The parent or guardian, as plaintiff, need not show that
the child was living with him or was in his service at the time of the
seduction or later, or that the parent or guardian suffered a loss of
service.
[1911 CPA § 53; A 1913, 27; NCL § 8552]—(NRS A 1979, 1171)
The father and mother jointly, or the father or the mother,
without preference to either, may maintain an action for the injury of a
minor child who has not been emancipated, if the injury is caused by the
wrongful act or neglect of another. A guardian may maintain an action for
the injury of his unemancipated ward, if the injury is caused by the
wrongful act or neglect of another, the action by the guardian to be
prosecuted for the benefit of the ward. Any such action may be maintained
against the person causing the injury, or, if the person is employed by
another person who is responsible for his conduct, also against that
other person.
[1911 CPA § 54; A 1913, 27; NCL § 8553]—(NRS A 1960, 321; 1969,
891; 1971, 151; 1987, 1281)
After verdict shall have been rendered in any action for a
wrong, such action shall not abate by the death of any party, but the
case shall proceed thereafter in the same manner as in cases where the
cause of action now survives by law.
[Part 1911 CPA § 62; RL § 5004; NCL § 8561]
Any political
subdivision, public corporation, special district, or other agency of
state or local government which is capable of being sued in its own name
may be sued by naming it as the party without naming the individual
members of its governing body in their representative capacity. In
addition to any other method which may be provided by statute or rule of
court, service may be made upon the clerk or secretary of the political
subdivision, corporation or agency.
(Added to NRS by 1979, 394)
1. Except as otherwise provided in subsection 2, the State of
Nevada is the only governmental entity in this state that may commence a
lawsuit against a manufacturer or distributor of a firearm or ammunition
or a trade association related to firearms or ammunition for damages,
abatement or injunctive relief resulting from or relating to the lawful
design or manufacture of a firearm or ammunition or the marketing or sale
of a firearm or ammunition to the public.
2. The provisions of this section do not prohibit a county, city,
local government or other political subdivision of this state or an
agency thereof from commencing a lawsuit against a manufacturer or
distributor of a firearm or ammunition for breach of contract or warranty
concerning a firearm or ammunition purchased by the county, city, local
government or other political subdivision of this state or agency thereof.
(Added to NRS by 1999, 1411 )
When two or more persons, associated in
any business, transact such business under a common name, whether it
comprise the names of such persons or not, the associates may be sued by
such common name, the summons in such cases being served on one or more
of the associates; and the judgment in the action shall bind the joint
property of all the associates, in the same manner as if all had been
made defendants and had been sued upon their joint liability.
[1911 CPA § 65; RL § 5007; NCL § 8564]
1. In any action in which the title to real property situate in
this state is involved in which the heir or heirs, or any thereof, of a
deceased person may be necessary or proper party or parties defendant and
the name or names and place or places of residence of which heir or heirs
are unknown to the plaintiff or plaintiffs, such heir or heirs may be
made a party or parties defendant by being described in the complaint and
summons as the unknown heir or heirs of such deceased person, giving the
name and last place of residence of such deceased person, with any
further description that may be necessary to reasonably identify him.
2. In any such action the plaintiff or plaintiffs shall allege in
the complaint, and prove at the trial, that diligent search and inquiry
have been made by or in behalf of the plaintiff or plaintiffs to
ascertain the name or names, and place or places of residence of such
heir or heirs, without success, and that the same are and remain unknown
to the plaintiff or plaintiffs.
[1911 CPA § 67; RL § 5009; NCL § 8566] + [1911 CPA § 68; RL § 5010;
NCL § 8567]
1. Before the trial, any person may intervene in an action or
proceeding, who has an interest in the matter in litigation, in the
success of either of the parties, or an interest against both.
2. An intervention takes place when a third person is permitted to
become a party to an action or proceeding between other persons, either
by joining the plaintiff in claiming what is sought by the complaint, or
by uniting with the defendant in resisting the claims of the plaintiff,
or by demanding anything adversely to both the plaintiff and the
defendant.
3. Intervention is made as provided by the Nevada Rules of Civil
Procedure.
4. The court shall determine upon the intervention at the same
time that the action is decided. If the claim of the party intervening is
not sustained, he shall pay all costs incurred by the intervention.
[Part 1911 CPA § 64; RL § 5006; NCL § 8563]
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