1. When a person has contracted to perform an obligation at a
particular place, and resides in another county, the action must be
commenced, and, subject to the power of the court to change the place of
trial as provided in this chapter, must be tried in the county in which
such obligation is to be performed or in which he resides; and the county
in which the obligation is incurred shall be deemed to be the county in
which it is to be performed, unless there is a special contract to the
contrary.
2. Actions for the following causes shall be tried in the county
in which the subject of the action, or some part thereof, is situated,
subject to the power of the court to change the place of trial as
provided in this chapter:
(a) For the recovery of real property, or an estate, or interest
therein, or for the determination in any form of such right or interest,
and for injuries to real property.
(b) For the partition of real property.
(c) For the foreclosure of all liens and mortgages on real
property. Where the real property is situated partly in one county and
partly in another the plaintiff may select either of the counties, and
the county so selected is the proper county for the trial of such action;
but, in the case mentioned in this paragraph, if the plaintiff prays in
his complaint for an injunction pending the action, or applies pending
the action for an injunction, the proper county for the trial shall be
the county in which the defendant resides or a majority of the defendants
reside at the commencement of the action.
[1911 CPA § 69; A 1935, 210; 1931 NCL § 8568]
Actions for the following causes must be tried in the county
where the cause, or some part thereof, arose, subject to the power of the
court to change the place of trial:
1. For the recovery of a penalty or forfeiture imposed by statute;
except, that when it is imposed for an offense committed on a lake, river
or other stream of water, situated in two or more counties, the action
may be brought in any county bordering on such lake, river or stream, and
opposite to the place where the offense was committed.
2. Against a public officer, or person especially appointed to
execute his duties, for an act done by him in virtue of his office, or
against a person who, by his command, or in his aid, does anything
touching the duties of the officer.
3. Against the State of Nevada or any agency of the State for any
tort action, except that any such tort action may also be brought in
Carson City.
[1911 CPA § 70; RL § 5012; NCL § 8569]—(NRS A 1993, 147)
1. Actions against a county may be commenced in the district court
of the judicial district embracing the county; but actions between
counties shall be commenced in a court of competent jurisdiction in any
county not a party to the action.
2. Immediately on the service of process, the officer served shall
deliver such process and all papers accompanying such service to the
district attorney for the county.
3. Actions brought for or against the county shall be in the name
of the county.
[1911 CPA § 71; RL § 5013; NCL § 8570]
In all other cases, the action
shall be tried in the county in which the defendants, or any one of them,
may reside at the commencement of the action; or, if none of the
defendants reside in the State, or if residing in the State the county in
which they so reside be unknown to the plaintiff, the same may be tried
in any county which the plaintiff may designate in his complaint; and if
any defendant, or defendants, may be about to depart from the State, such
action may be tried in any county where either of the parties may reside
or service be had, subject, however, to the power of the court to change
the place of trial as provided in this chapter.
[1911 CPA § 72; RL § 5014; NCL § 8571]
1. If the county designated for that purpose in the complaint be
not the proper county, the action may, notwithstanding, be tried therein,
unless the defendant before the time for answering expires demand in
writing that the trial be had in the proper county, and the place of
trial be thereupon changed by consent of the parties, or by order of the
court, as provided in this section.
2. The court may, on motion, change the place of trial in the
following cases:
(a) When the county designated in the complaint is not the proper
county.
(b) When there is reason to believe that an impartial trial cannot
be had therein.
(c) When the convenience of the witnesses and the ends of justice
would be promoted by the change.
3. When the place of trial is changed, all other proceedings shall
be had in the county to which the place of trial is changed, unless
otherwise provided by the consent of the parties in writing duly filed,
or by order of the court, and the papers shall be filed or transferred
accordingly.
[1911 CPA § 73; RL § 5015; NCL § 8572]
In any civil
action where the complaint or petition is uncontested, or where the
parties so stipulate, the court in the county where the action is brought
may, upon application of the parties, or of the complainant or petitioner
if the action is uncontested and all required notices have been given,
transfer the action for trial to another county within the same judicial
district.
(Added to NRS by 1967, 693)
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