No
judgments of the courts of justice rendered in the Territory of Utah,
prior to the organization of the Territory of Nevada, whereby property
was acquired within any portion of the Territory of Nevada, shall be
invalid for any informality, and no property or rights of property
acquired under such judgments shall be declared invalid by reason of any
irregularity in the proceedings.
[1:117:1864]
If an action be brought against a sheriff for an act done by
virtue of his office, and he give written notice thereof to the sureties
on any bond of indemnity received by him, the judgment recovered therein
shall be conclusive evidence of his right to recover against such
sureties, and the court or judge in vacation, may, on motion, upon notice
of 5 days, order judgment to be entered up against them for the amount so
recovered, including costs.
[1911 CPA § 300; RL § 5242; NCL § 8798]
Whenever a
judgment for a sum of money is entered in favor of a minor, the court may:
1. Direct the money to be paid to either parent, or if the parents
of the minor are living separate and apart, to the custodial parent, or
if no custody award has been made, to the parent with whom the minor is
living, or if a general guardian or guardian of the estate of the minor
has been appointed, to the guardian, with or without the filing of any
bond; or
2. Require a general guardian or guardian ad litem to be appointed
and the money to be paid to the guardian or guardian ad litem with or
without the filing of any bond,
Ę as in the discretion of the court seems to be in the best interests of
the minor.
(Added to NRS by 1979, 392; A 1983, 15)
PARTIES NOT ORIGINALLY SUMMONED
When a judgment is recovered against one or
more of several persons jointly indebted upon an obligation, by
proceedings as provided in NRS 14.060 ,
those who were not originally served with the summons and did not appear
to the action may be summoned to show cause why they should not be bound
by the judgment in the same manner as though they had been originally
served with the summons.
[1911 CPA § 301; RL § 5243; NCL § 8799]
The summons, as
provided in NRS 17.030 , shall describe
the judgment, and require the person summoned to show cause why he should
not be bound by it, and shall be served in the same manner, and
returnable within the same time, as the original summons. It shall not be
necessary to file a new complaint.
[1911 CPA § 302; RL § 5244; NCL § 8800]
The summons shall be
accompanied by an affidavit of the plaintiff, his agent, representative
or attorney, that the judgment, or some part thereof, remains
unsatisfied, and shall specify the amount due thereon.
[1911 CPA § 303; RL § 5245; NCL § 8801]
Upon such summons, the defendant may answer
within the time specified therein, denying the judgment or setting up any
defense which may have arisen subsequently, or he may deny his liability
on the obligation upon which the judgment was recovered, except a
discharge from such liability by the statute of limitations.
[1911 CPA § 304; RL § 5246; NCL § 8802]
If the defendant, in his answer,
deny the judgment, or set up any defense which may have arisen
subsequently, the summons, with the affidavit annexed, and the answer
shall constitute the written allegations in the case. If he deny his
liability on the obligation upon which the judgment was recovered, a copy
of the original complaint and judgment, the summons, with the affidavit
annexed, and the answer shall constitute such written allegations.
[1911 CPA § 305; RL § 5247; NCL § 8803]
The issues formed may be tried as in other cases, but
when the defendant denies, in his answer, any liability on the obligation
upon which the judgment was rendered, if a verdict be found against him,
it shall be for the amount remaining unsatisfied on such original
judgment, with interest thereon.
[1911 CPA § 306; RL § 5248; NCL § 8804]
BY CONFESSION
A judgment by confession may be entered without action,
either for money due or to become due or to secure any person against
contingent liability on behalf of the defendant, or both, in the manner
prescribed by NRS 17.090 to 17.110
, inclusive.
[1911 CPA § 307; RL § 5249; NCL § 8805]
A statement
in writing shall be made, signed by the defendant and verified by his
oath, to the following effect:
1. It shall authorize the entry of judgment for a specified sum.
2. If it be money due, or to become due, it shall state concisely
the facts out of which it arose, and shall show that the sum confessed
therefor is justly due, or to become due.
3. If it be for the purpose of securing the plaintiff against a
contingent liability, it shall state concisely the facts constituting the
liability, and shall show that the sum confessed therefor does not exceed
the same.
[1911 CPA § 308; RL § 5250; NCL § 8806]
The statement must be filed with the
clerk of the court in which the judgment is to be entered. The clerk
shall endorse upon it and enter in the judgment book a judgment of the
court for the amount confessed, with $28 costs. The judgment and
affidavit, with the judgment endorsed, thereupon become the judgment roll.
[1911 CPA § 309; RL § 5251; NCL § 8807]—(NRS A 1981, 1792; 1993,
1355; 2001, 3215 )
COMPROMISE
1. At any time more than 10 days before trial, any party may serve
upon one or more other parties a written offer to allow judgment to be
taken in accordance with the terms and conditions of the offer of
judgment.
2. Except as otherwise provided in subsection 7, if, within 10
days after the date of service of an offer of judgment, the party to whom
the offer was made serves written notice that the offer is accepted, the
party who made the offer or the party who accepted the offer may file the
offer, the notice of acceptance and proof of service with the clerk. Upon
receipt by the clerk:
(a) The clerk shall enter judgment according to the terms of the
offer unless:
(1) A party who is required to pay the amount of the offer
requests dismissal of the claim instead of entry of the judgment; and
(2) The party pays the amount of the offer within a
reasonable time after the offer is accepted.
(b) Regardless of whether a judgment or dismissal is entered
pursuant to paragraph (a), the court shall award costs in accordance with
NRS 18.110 to each party who is
entitled to be paid under the terms of the offer, unless the terms of the
offer preclude a separate award of costs.
Ę Any judgment entered pursuant to this section shall be deemed a
compromise settlement.
3. If the offer of judgment is not accepted pursuant to subsection
2 within 10 days after the date of service, the offer shall be deemed
rejected by the party to whom it was made and withdrawn by the party who
made it. The rejection of an offer does not preclude any party from
making another offer pursuant to this section. Evidence of a rejected
offer is not admissible in any proceeding other than a proceeding to
determine costs and fees.
4. Except as otherwise provided in this section, if a party who
rejects an offer of judgment fails to obtain a more favorable judgment,
the court:
(a) May not award to the party any costs or attorney’s fees;
(b) May not award to the party any interest on the judgment for the
period from the date of service of the offer to the date of entry of the
judgment;
(c) Shall order the party to pay the taxable costs incurred by the
party who made the offer; and
(d) May order the party to pay to the party who made the offer any
or all of the following:
(1) A reasonable sum to cover any costs incurred by the
party who made the offer for each expert witness whose services were
reasonably necessary to prepare for and conduct the trial of the case.
(2) Any applicable interest on the judgment for the period
from the date of service of the offer to the date of entry of the
judgment.
(3) Reasonable attorney’s fees incurred by the party who
made the offer for the period from the date of service of the offer to
the date of entry of the judgment. If the attorney of the party who made
the offer is collecting a contingent fee, the amount of any attorney’s
fees awarded to the party pursuant to this subparagraph must be deducted
from that contingent fee.
5. To determine whether a party who rejected an offer of judgment
failed to obtain a more favorable judgment:
(a) If the offer provided that the court would award costs, the
court must compare the amount of the offer with the principal amount of
the judgment, without inclusion of costs.
(b) If the offer precluded a separate award of costs, the court
must compare the amount of the offer with the sum of:
(1) The principal amount of the judgment; and
(2) The amount of taxable costs that the claimant who
obtained the judgment incurred before the date of service of the offer.
Ę As used in this subsection, “claimant” means a plaintiff,
counterclaimant, cross-claimant or third-party plaintiff.
6. Multiple parties may make a joint offer of judgment pursuant to
this section.
7. A party may make to two or more other parties pursuant to this
section an apportioned offer of judgment that is conditioned upon
acceptance by all the parties to whom the apportioned offer is made. Each
party to whom such an offer is made may serve upon the party who made the
offer a separate written notice of acceptance of the offer. If any party
rejects the apportioned offer:
(a) The action must proceed as to all parties to whom the
apportioned offer was made, whether or not the other parties accepted or
rejected the offer; and
(b) The sanctions set forth in subsection 4:
(1) Apply to each party who rejected the apportioned offer.
(2) Do not apply to any party who accepted the apportioned
offer.
8. If the liability of one party to another party has been
determined by verdict, order or judgment, but the amount or extent of the
liability of the party remains to be determined by further proceedings,
the party found liable may, not later than 10 days before commencement of
the proceedings to determine the amount or extent of his liability, serve
upon the party to whom he is liable a written offer of judgment. An offer
of judgment made pursuant to this subsection shall be deemed to have the
same effect as an offer of judgment made before trial.
9. The sanctions set forth in subsection 4 do not apply to:
(a) An offer of judgment made to multiple defendants unless the
same person is authorized to decide whether to settle the claims against
all the defendants to whom the offer is made and:
(1) There is a single common theory of liability against all
the defendants to whom the offer is made;
(2) The liability of one or more of the defendants to whom
the offer is made is entirely derivative of the liability of the
remaining defendants to whom the offer is made; or
(3) The liability of all the defendants to whom the offer is
made is entirely derivative of a common act or omission by another person.
(b) An offer of judgment made to multiple plaintiffs unless the
same person is authorized to decide whether to settle the claims of all
the plaintiffs to whom the offer is made and:
(1) There is a single common theory of liability claimed by
all the plaintiffs to whom the offer is made;
(2) The damages claimed by one or more of the plaintiffs to
whom the offer is made are entirely derivative of an injury to the
remaining plaintiffs to whom the offer is made; or
(3) The damages claimed by all the plaintiffs to whom the
offer is made are entirely derivative of an injury to another person.
(Added to NRS by 1971, 1129; A 1979, 829; 1987, 1027; 1999, 1102
; 2005, 116 )
MANNER OF GIVING AND ENTERING
1. In an action to recover the possession of personal property,
judgment for the plaintiff may be for the possession or the value
thereof, in case a delivery cannot be had, and damages for the detention
or the value of the use thereof. If the property has been delivered to
the plaintiff, and the defendant claim a return thereof, judgment for the
defendant may be for a return of the property or the value thereof, in
case a return cannot be had, and damages for taking and withholding the
same or the value of the use thereof.
2. In an action on a contract or obligation for the direct payment
of money, payable in a specified or agreed kind of money or currency,
judgment for the plaintiff, whether the same be by default or after
verdict, or decision of the court or master, may follow the contract or
obligation, and be made payable in the kind of money or currency therein
specified or thereby agreed.
3. In an action against any person for the recovery of money
received by such person in a fiduciary capacity, or to the use of
another, judgment for the plaintiff, whether the same be by default or
after verdict, or decision of the court or master, may be made payable in
the same kind of money or currency so received by such person.
[1911 CPA § 327; RL § 5269; NCL § 8825]
1. In all judgments and decrees, rendered by any court of justice,
for any debt, damages or costs, and in all executions issued thereon, the
amount must be computed, as near as may be, in dollars and cents,
rejecting smaller fractions, and no judgment, or other proceedings, may
be considered erroneous for that omission.
2. When no rate of interest is provided by contract or otherwise
by law, or specified in the judgment, the judgment draws interest from
the time of service of the summons and complaint until satisfied, except
for any amount representing future damages, which draws interest only
from the time of the entry of the judgment until satisfied, at a rate
equal to the prime rate at the largest bank in Nevada as ascertained by
the Commissioner of Financial Institutions on January 1 or July 1, as the
case may be, immediately preceding the date of judgment, plus 2 percent.
The rate must be adjusted accordingly on each January 1 and July 1
thereafter until the judgment is satisfied.
[1911 CPA § 329; RL § 5271; NCL § 8827]—(NRS A 1979, 830; 1981,
1858; 1987, 940)
If a party dies after
a verdict or decision upon any issue of fact, and before judgment, the
court may nevertheless render judgment thereon. Such judgment shall not
be a lien on the real property of the deceased party, but shall be
payable in the course of administration on his estate.
[1911 CPA § 330; RL § 5272; NCL § 8828]
1. Immediately after filing a judgment roll the clerk shall make
the proper entries of the judgment, under appropriate heads, in the
docket kept by him, noting thereon the hour and minutes of the day of
such entries.
2. A transcript of the original docket or an abstract or copy of
any judgment or decree of a district court of the State of Nevada or the
District Court or other court of the United States in and for the
District of Nevada, the enforcement of which has not been stayed on
appeal, certified by the clerk of the court where the judgment or decree
was rendered, may be recorded in the office of the county recorder in any
county, and when so recorded it becomes a lien upon all the real property
of the judgment debtor not exempt from execution in that county, owned by
him at the time, or which he may afterward acquire, until the lien
expires. The lien continues for 6 years after the date the judgment or
decree was docketed, and is continued each time the judgment or decree is
renewed, unless:
(a) The enforcement of the judgment or decree is stayed on appeal
by the execution of a sufficient undertaking as provided in the Nevada
Rules of Appellate Procedure or by the Statutes of the United States, in
which case the lien of the judgment or decree and any lien by virtue of
an attachment that has been issued and levied in the actions ceases;
(b) The judgment is for arrearages in the payment of child support,
in which case the lien continues until the judgment is satisfied;
(c) The judgment is satisfied; or
(d) The lien is otherwise discharged.
Ę The time during which the execution of the judgment is suspended by
appeal, action of the court or defendant must not be counted in computing
the time of expiration.
3. The abstract described in subsection 2 must contain the:
(a) Title of the court and the title and number of the action;
(b) Date of entry of the judgment or decree;
(c) Names of the judgment debtor and judgment creditor;
(d) Amount of the judgment or decree; and
(e) Location where the judgment or decree is entered in the minutes
or judgment docket.
4. A judgment creditor who records a judgment or decree shall
record at that time an affidavit stating:
(a) The name and address of the judgment debtor;
(b) The judgment debtor’s driver’s license number and state of
issuance or the judgment debtor’s social security number; and
(c) The judgment debtor’s date of birth,
Ę if known to the judgment creditor. If any of the information is not
known, the affidavit must include a statement of that fact.
[1911 CPA § 332; A 1925, 220; 1943, 88; 1943 NCL § 8830]—(NRS A
1965, 648; 1967, 948; 1969, 41; 1989, 585; 1993, 541; 1995, 1524)
The docket mentioned in NRS
17.150 is a book which the clerk shall
keep in his office, with each page divided into columns: Judgment
debtors; judgment creditors; judgment; time of entry; appeals; when
taken; judgment of appellate court; satisfaction of judgment; when
entered. If judgment be for the recovery of money or damages, the amount
shall be stated in the docket under the head of judgment; if the judgment
be for any other relief, a memorandum of the general character of the
relief granted shall be stated. The names of the judgment debtors shall
be entered in the docket in alphabetical order.
[1911 CPA § 333; RL § 5275; NCL § 8831]—(NRS A 1965, 248)
The
docket kept by the clerk shall be open at all times during office hours
for the inspection of the public without charge. The clerk shall arrange
the several dockets kept by him in such a manner as to facilitate their
inspection.
[1911 CPA § 334; RL § 5276; NCL § 8832]
1. Included in any judgment filed shall be a computation of the
costs, if they have been ascertained. The clerk shall insert a
computation of the costs in the copies and docket of the judgment.
2. If costs are not ascertained or included in the judgment at the
time of entry, the clerk shall, within 2 days after costs are
ascertained, insert the same in a blank left in the judgment for that
purpose and shall make a similar insertion of costs in the copies and
docket of the judgment.
[1911 CPA § 336; A 1955, 83]—(NRS A 1959, 25)
SATISFACTION
Satisfaction of a judgment may be
entered in the clerk’s docket if an execution is returned satisfied, and
if an acknowledgment of satisfaction is filed with the clerk, made in the
manner of an acknowledgment of a conveyance of real property, by the
judgment creditor, or by the attorney, unless a revocation of his
authority is previously filed. Whenever a judgment is satisfied in fact,
the party or attorney shall give such an acknowledgment, and the party
who has satisfied the judgment may move the court to compel it or to
order the clerk to enter the satisfaction in the docket of judgment.
[1911 CPA § 337; RL § 5279; NCL § 8835]—(NRS A 1983, 260)
RENEWAL
1. A judgment creditor or his successor in interest may renew a
judgment which has not been paid by:
(a) Filing an affidavit with the clerk of the court where the
judgment is entered and docketed, within 90 days before the date the
judgment expires by limitation. The affidavit must specify:
(1) The names of the parties and the name of the judgment
creditor’s successor in interest, if any, and the source and succession
of his title;
(2) If the judgment is recorded, the name of the county and
the number and the page of the book in which it is recorded;
(3) The date and the amount of the judgment and the number
and page of the docket in which it is entered;
(4) Whether there is an outstanding writ of execution for
enforcement of the judgment;
(5) The date and amount of any payment on the judgment;
(6) Whether there are any setoffs or counterclaims in favor
of the judgment debtor and the amount or, if a setoff or counterclaim is
unsettled or undetermined it will be allowed as payment or credit on the
judgment;
(7) The exact amount due on the judgment;
(8) If the judgment was docketed by the clerk of the court
upon a certified copy from any other court, and an abstract recorded with
the county clerk, the name of each county in which the transcript has
been docketed and the abstract recorded; and
(9) Any other fact or circumstance necessary to a complete
disclosure of the exact condition of the judgment.
Ę All information in the affidavit must be based on the personal
knowledge of the affiant, and not upon information and belief.
(b) If the judgment is recorded, recording the affidavit of renewal
in the office of the county recorder in which the original judgment is
filed within 3 days after the affidavit of renewal is filed pursuant to
paragraph (a).
2. The filing of the affidavit renews the judgment to the extent
of the amount shown due in the affidavit.
3. The judgment creditor or his successor in interest shall notify
the judgment debtor of the renewal of the judgment by sending a copy of
the affidavit of renewal by certified mail, return receipt requested, to
him at his last known address within 3 days after filing the affidavit.
4. Successive affidavits for renewal may be filed within 90 days
before the preceding renewal of the judgment expires by limitation.
(Added to NRS by 1985, 699; A 1995, 1525)
CONTRIBUTION AMONG TORTFEASORS
1. Except as otherwise provided in this section and NRS 17.235
to 17.305 , inclusive, where two or more persons become
jointly or severally liable in tort for the same injury to person or
property or for the same wrongful death, there is a right of contribution
among them even though judgment has not been recovered against all or any
of them.
2. The right of contribution exists only in favor of a tortfeasor
who has paid more than his equitable share of the common liability, and
his total recovery is limited to the amount paid by him in excess of his
equitable share. No tortfeasor is compelled to make contribution beyond
his own equitable share of the entire liability.
3. A tortfeasor who enters into a settlement with a claimant is
not entitled to recover contribution from another tortfeasor whose
liability for the injury or wrongful death is not extinguished by the
settlement nor in respect to any amount paid in a settlement which is in
excess of what was reasonable.
(Added to NRS by 1973, 1303; A 1979, 1355)
The
recovery of a judgment for an injury or wrongful death against one
tortfeasor does not of itself discharge the other tortfeasors from
liability for the injury or wrongful death unless the judgment is
satisfied. The satisfaction of the judgment does not impair any right of
contribution.
(Added to NRS by 1973, 1303)
1. When a release or a covenant not to sue or not to enforce
judgment is given in good faith to one of two or more persons liable in
tort for the same injury or the same wrongful death:
(a) It does not discharge any of the other tortfeasors from
liability for the injury or wrongful death unless its terms so provide,
but it reduces the claim against the others to the extent of any amount
stipulated by the release or the covenant, or in the amount of the
consideration paid for it, whichever is the greater; and
(b) It discharges the tortfeasor to whom it is given from all
liability for contribution and for equitable indemnity to any other
tortfeasor.
2. As used in this section, “equitable indemnity” means a right of
indemnity that is created by the court rather than expressly provided for
in a written agreement.
(Added to NRS by 1973, 1303; A 1997, 438)
There is
no right of contribution in favor of any tortfeasor who has intentionally
caused or contributed to the injury or wrongful death.
(Added to NRS by 1973, 1303)
Except as
otherwise provided in NRS 17.245 , the
provisions of NRS 17.225 to 17.305
, inclusive, do not impair any right of
indemnity under existing law. Where one tortfeasor is entitled to
indemnity from another, the right of the indemnity obligee is for
indemnity and not contribution, and the indemnity obligor is not entitled
to contribution from the obligee for any portion of his indemnity
obligation.
(Added to NRS by 1973, 1303; A 1979, 1356; 1997, 438)
A liability insurer, who by
payment has discharged in full or in part the liability of a tortfeasor
and has thereby discharged in full its obligation as insurer, is
subrogated to the tortfeasor’s right of contribution to the extent of the
amount it has paid in excess of the tortfeasor’s equitable share of the
common liability. This provision does not limit or impair any right of
subrogation arising from any other relationship.
(Added to NRS by 1973, 1304; A 1979, 1356)
1. Whether or not judgment has been entered in an action against
two or more tortfeasors for the same injury or wrongful death,
contribution may be enforced by separate action.
2. Where a judgment has been entered in an action against two or
more tortfeasors for the same injury or wrongful death, contribution may
be enforced in that action by judgment in favor of one against other
judgment defendants by motion upon notice to all parties to the action.
3. If there is a judgment for the injury or wrongful death against
the tortfeasor seeking contribution, any separate action by him to
enforce contribution must be commenced within 1 year after the judgment
has become final by lapse of time for appeal or after appellate review.
4. If there is no judgment for the injury or wrongful death
against the tortfeasor seeking contribution, his right of contribution is
barred unless he has:
(a) Discharged by payment the common liability within the statute
of limitations period applicable to claimant’s right of action against
him and has commenced his action for contribution within 1 year after
payment; or
(b) Agreed while action is pending against him to discharge the
common liability and has within 1 year after the agreement paid the
liability and commenced his action for contribution.
5. The judgment of the court in determining the liability of the
several defendants to the claimant for an injury or wrongful death shall
be binding as among such defendants in determining their right to
contribution.
(Added to NRS by 1973, 1304)
In determining the equitable shares
of tortfeasors in the entire liability:
1. If equity requires, the collective liability of some as a group
constitutes a single share; and
2. Principles of equity applicable to contribution generally apply.
(Added to NRS by 1973, 1304; A 1979, 1356)
NRS 17.225 to 17.305 , inclusive, do not apply to breaches of trust
or of other fiduciary obligation.
(Added to NRS by 1973, 1304; A 1979, 1356)
ENFORCEMENT OF FOREIGN JUDGMENTS (UNIFORM ACT)
NRS 17.330 to 17.400 ,
inclusive, may be cited as the Uniform Enforcement of Foreign Judgments
Act.
(Added to NRS by 1979, 1496)
As used in NRS 17.330
to 17.400 , inclusive, unless the context otherwise
requires, “foreign judgment” means any judgment of a court of the United
States or of any other court which is entitled to full faith and credit
in this state, except:
1. A judgment to which chapter 130 of
NRS applies; and
2. An order for protection issued for the purpose of preventing
violent or threatening acts or harassment against, or contact or
communication with or physical proximity to, another person, including
temporary and final orders.
(Added to NRS by 1979, 1496; A 1997, 2268; 2001, 2132 )
An exemplified
copy of any foreign judgment may be filed with the clerk of any district
court of this state. The clerk shall treat the foreign judgment in the
same manner as a judgment of the district court of this state. A judgment
so filed has the same effect and is subject to the same procedures,
defenses and proceedings for reopening, vacating or staying as a judgment
of a district court of this state and may be enforced or satisfied in
like manner.
(Added to NRS by 1979, 1496)
1. At the time of the filing of the foreign judgment, the judgment
creditor or his attorney shall file with the clerk of the court an
affidavit setting forth the name and last known post office address of
the judgment debtor and the judgment creditor. The affidavit must also
include a statement that the foreign judgment is valid and enforceable,
and the extent to which it has been satisfied.
2. Promptly upon filing the foreign judgment and affidavit, the
judgment creditor or someone on his behalf shall mail notice of the
filing of the judgment and affidavit, attaching a copy of each to the
notice, to the judgment debtor and to his attorney of record, if any,
each at his last known address by certified mail, return receipt
requested. The notice shall include the name and post office address of
the judgment creditor and the judgment creditor’s attorney, if any, in
this state. The judgment creditor shall file with the clerk of the court
an affidavit setting forth the date upon which the notice was mailed.
3. No execution or other process for enforcement of a foreign
judgment may issue until 30 days after the date of mailing the notice of
filing.
(Added to NRS by 1979, 1496)
1. If the judgment debtor shows the court that an appeal from the
foreign judgment is pending or will be taken, or that a stay of execution
has been granted, the court shall stay enforcement of the foreign
judgment until the appeal is concluded, the time for appeal expires or
the stay of execution expires or is vacated, upon proof that the judgment
debtor has furnished the security for the satisfaction of the judgment
required by the state in which it was rendered.
2. If the judgment debtor shows the court any ground upon which
enforcement of a judgment of any court of this state would be stayed,
including, without limitation, a showing that an appeal is pending or
will be taken, that a stay has been granted, requested or will be
requested, or that the time for taking an appeal has not yet expired, the
court shall stay enforcement of the foreign judgment for an appropriate
period, upon requiring the same security for satisfaction of the judgment
which is required in this state, including, without limitation, security
determined pursuant to NRS 20.035 , if
applicable.
(Added to NRS by 1979, 1497; A 2001, 1006 )
Any person filing a foreign judgment shall pay
to the clerk of the court the same filing fee as prescribed by statute
for the filing of civil actions. Fees for enforcement proceedings are the
same as provided for judgments of district courts of this state.
(Added to NRS by 1979, 1497)
A judgment creditor may elect to bring an action to enforce his judgment
instead of proceeding under NRS 17.330
to 17.400 , inclusive.
(Added to NRS by 1979, 1497; A 1985, 37)
NRS 17.330 to 17.400 ,
inclusive, shall be so interpreted and construed as to effectuate its
general purpose to make uniform the law of those states which enact it.
(Added to NRS by 1979, 1497)
FOREIGN-MONEY CLAIMS (UNIFORM ACT)
1. NRS 17.410 to 17.660 , inclusive, may be cited as the Uniform
Foreign-Money Claims Act.
2. These sections must be applied and construed to effectuate
their general purpose to make uniform the law with respect to the subject
of these sections among states enacting them.
(Added to NRS by 1993, 193)
1. NRS 17.410 to 17.660 , inclusive, apply only to a foreign-money
claim in an action or distributive proceeding.
2. NRS 17.410 to 17.660 , inclusive, apply to foreign-money issues even
if other law applies to other issues in the action or distributive
proceeding under the rules of this state governing the conflict of laws.
3. NRS 17.410 to 17.660 , inclusive, apply to actions and distributive
proceedings commenced after January 1, 1994.
(Added to NRS by 1993, 194)
As used in NRS 17.410 to 17.660 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 17.440 to 17.550 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1993, 194)
“Action” means a judicial proceeding
or an arbitration in which a payment in money may be awarded or enforced
with respect to a foreign-money claim.
(Added to NRS by 1993, 194)
“Bank-offered spot
rate” means the spot rate of exchange at which a bank will sell foreign
money at a spot rate.
(Added to NRS by 1993, 194)
“Date of conversion”
means the banking day next preceding the date on which money, in
accordance with NRS 17.410 to 17.660
, inclusive, is:
1. Paid to a claimant in an action or distributive proceeding;
2. Paid to the officer designated by law to enforce a judgment or
award on behalf of a claimant; or
3. Used to recoup, set off or counterclaim in different moneys in
an action or distributive proceeding.
(Added to NRS by 1993, 194)
“Distributive
proceeding” means a judicial or nonjudicial proceeding for the
distribution of a fund in which one or more foreign-money claims is
asserted and includes an accounting, an assignment for the benefit of
creditors, a foreclosure, the liquidation or rehabilitation of a
corporation or other entity and the distribution of an estate, trust or
other fund.
(Added to NRS by 1993, 194)
“Foreign money” means money
other than money of the United States of America.
(Added to NRS by 1993, 194)
“Foreign-money claim”
means a claim upon an obligation to pay, or a claim for recovery of a
loss, expressed in or measured by a foreign money.
(Added to NRS by 1993, 194)
“Money” means a medium of exchange
for the payment of obligations or a store of value authorized or adopted
by a government or by intergovernmental agreement.
(Added to NRS by 1993, 194)
“Money of the claim”
means the money determined as proper pursuant to NRS 17.570 .
(Added to NRS by 1993, 194)
“Person” includes two or more
persons having a joint or common interest.
(Added to NRS by 1993, 194)
“Rate of exchange” means
the rate at which money of one country may be converted into money of
another country in a free financial market convenient to or reasonably
usable by a person obligated to pay or to state a rate of conversion. If
separate rates of exchange apply to different kinds of transactions, the
term means the rate applicable to the particular transaction giving rise
to the foreign-money claim.
(Added to NRS by 1993, 194)
“Spot rate” means the rate of
exchange at which foreign money is sold by a bank or other dealer in
foreign exchange for immediate or next-day availability or for settlement
by immediate payment in cash or equivalent, by charge to an account, or
by an agreed delayed settlement not exceeding 2 days.
(Added to NRS by 1993, 195)
“State” means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico or a
territory or insular possession subject to the jurisdiction of the United
States.
(Added to NRS by 1993, 195)
1. The effect of NRS 17.410 to
17.660 , inclusive, may be varied by
agreement of the parties made before or after commencement of an action
or distributive proceeding or the entry of judgment.
2. Parties to the transaction may agree upon the money to be used
in a transaction giving rise to a foreign-money claim and may agree to
use different moneys for different aspects of the transaction. Stating
the price in a foreign money for one aspect of a transaction does not
alone require the use of that money for other aspects of the transaction.
(Added to NRS by 1993, 195)
1. The money in which the parties to a transaction have agreed
that payment is to be made is the proper money of the claim for payment.
2. If the parties to a transaction have not otherwise agreed, the
proper money of the claim, as in each case may be appropriate, is the
money:
(a) Regularly used between the parties as a matter of usage or
course of dealing;
(b) Used at the time of a transaction in international trade, by
trade usage or common practice, for valuing or settling transactions in
the particular commodity or service involved; or
(c) In which the loss was ultimately felt or will be incurred by
the party claimant.
(Added to NRS by 1993, 195)
1. If an amount contracted to be paid in a foreign money is
measured by a specified amount of a different money, the amount to be
paid is determined on the date of conversion.
2. If an amount contracted to be paid in a foreign money is to be
measured by a different money at the rate of exchange prevailing on a
date before default, that rate of exchange applies only to payments made
within a reasonable time after default, not exceeding 30 days.
Thereafter, conversion is made at the bank-offered spot rate on the date
of conversion.
3. A monetary claim is neither usurious nor unconscionable because
the agreement on which it is based provides that the amount of the
debtor’s obligation to be paid on the debtor’s money, when received by
the creditor, must equal a specified amount of the foreign money of the
country of the creditor. If, because of unexcused delay in payment of a
judgment or award, the amount received by the creditor does not equal the
amount of the foreign money specified in the agreement, the court or
arbitrator shall amend the judgment or award accordingly.
(Added to NRS by 1993, 195)
1. A person may assert a claim in a specified foreign money. If a
foreign-money claim is not asserted, the claimant makes the claim in
United States dollars.
2. An opposing party may allege and prove that a claim, in whole
or in part, is in a different money than that asserted by the claimant.
3. A person may assert a defense, set-off, recoupment or
counterclaim in any money without regard to the money of other claims.
4. The determination of the proper money of the claim is a
question of law.
(Added to NRS by 1993, 195)
1. Except as otherwise provided in subsection 3, a judgment or
award on a foreign-money claim must be stated in an amount of the money
of the claim.
2. A judgment or award on a foreign-money claim is payable in that
foreign money or, at the option of the debtor, in the amount of United
States dollars which will purchase that foreign money on the date of
conversion at a bank-offered spot rate.
3. Assessed costs must be entered in United States dollars.
4. Each payment in United States dollars must be accepted and
credited on a judgment or award on a foreign-money claim in the amount of
the foreign money that could be purchased by the dollars at a
bank-offered spot rate of exchange at or near the close of business on
the date of conversion for that payment.
5. A judgment or award made in an action or distributive
proceeding on both a defense, set-off, recoupment or counterclaim and the
adverse party’s claim must be netted by converting the money of the
smaller into the money of the larger, and by subtracting the smaller from
the larger, and specify the rates of exchange used.
6. A judgment substantially in the following form complies with
subsection 1:
IT IS ORDERED AND ADJUDGED that the plaintiff ....................
(insert name) .................... recover of the defendant
.................... (insert name) .................... the sum of
.......... (insert amount in the foreign money) .......... plus interest
on that sum at the rate of .......... (insert rate—see NRS 17.620 ) .......... percent a year or, at the option
of the judgment debtor, the number of United States dollars which will
purchase the .......... (insert name of foreign money) .......... with
interest due, at a bank-offered spot rate at or near the close of
business on the banking day next before the day of payment, together with
assessed costs of .......... (insert amount) .......... United States
dollars.
7. If a contract claim is of the type covered by subsection 1 or 2
of NRS 17.580 , the judgment or award
must be entered for the amount of money stated to measure the obligation
to be paid in the money specified for payment or, at the option of the
debtor, the number of United States dollars which will purchase the
computed amount of the money of payment on the date of conversion at a
bank-offered spot rate.
8. A judgment must be filed and indexed in foreign money in the
same manner, and has the same effect as a lien, as other judgments. It
may be discharged by payment.
(Added to NRS by 1993, 196)
The rate of exchange prevailing at or near the close of business on the
day the distributive proceeding is initiated governs all exchanges of
foreign money in a distributive proceeding. A foreign-money claimant in a
distributive proceeding shall assert its claim in the named foreign money
and show the amount of United States dollars resulting from a conversion
as of the date the proceeding was initiated.
(Added to NRS by 1993, 196)
1. With respect to a foreign-money claim, recovery of prejudgment
or pre-award interest and the rate of interest to be applied in the
action or distributive proceeding, except as otherwise provided in
subsection 2, are matters of the substantive law governing the right to
recovery under the rules of this state governing the conflict of laws.
2. The court or arbitrator shall increase or decrease the amount
of prejudgment or pre-award interest otherwise payable in a judgment or
award in foreign money to the extent required by the law of this state
governing a failure to make or accept an offer of settlement or offer of
judgment, or conduct by a party or its attorney causing undue delay or
expense.
3. A judgment or award on a foreign-money claim bears interest at
the rate applicable to judgments of this state.
(Added to NRS by 1993, 197)
1. If an action is brought to enforce a judgment of another
jurisdiction expressed in a foreign money and the judgment is recognized
in this state as enforceable, the enforcing judgment must be entered as
provided in NRS 17.600 , whether or not
the foreign judgment confers an option to pay in an equivalent amount of
United States dollars.
2. A foreign judgment may be filed in accordance with any rule or
statute of this state providing a procedure for its recognition and
enforcement.
3. A satisfaction or partial payment made upon the foreign
judgment, on proof thereof, must be credited against the amount of
foreign money specified in the judgment, notwithstanding the entry of
judgment in this state.
4. A judgment entered on a foreign-money claim only in United
States dollars in another state must be enforced in this state in United
States dollars only.
(Added to NRS by 1993, 197)
1. Computations under this section are for the limited purposes of
the section and do not affect computation of the equivalent in United
States dollars of the money of the judgment for the purpose of payment.
2. For the limited purpose of facilitating the enforcement of
provisional remedies in an action, the value in United States dollars of
assets to be seized or restrained pursuant to a writ of attachment,
garnishment, execution or other legal process, the amount of United
States dollars at issue for assessing costs, or the amount of United
States dollars involved for a surety bond or other court-required
undertaking must be ascertained as provided in subsections 3 and 4.
3. A party seeking process, costs, bond or other undertaking under
subsection 2 shall compute in United States dollars the amount of the
foreign money claimed from a bank-offered spot rate prevailing at or near
the close of business on the banking day next preceding the filing of a
request or application for the issuance of process or for the
determination of costs, or an application for a bond or other
court-required undertaking.
4. A party seeking the process, costs, bond or other undertaking
under subsection 2 shall file with each request or application an
affidavit or certificate executed in good faith by its counsel or a bank
officer, stating the market quotation used and how it was obtained, and
setting forth the calculation. Affected court officers incur no
liability, after a filing of the affidavit or certificate, for acting as
if the judgment were in the amount of United States dollars stated in the
affidavit or certificate.
(Added to NRS by 1993, 197)
1. If, after an obligation is expressed or a loss is incurred in a
foreign money, the country issuing or adopting that money substitutes a
new money in place of that money, the obligation or the loss must be
treated as if expressed or incurred in the new money at the rate of
conversion the issuing country establishes for the payment of like
obligations or losses denominated in the former money.
2. If substitution under subsection 1 occurs after a judgment or
award is entered on a foreign-money claim, the court or arbitrator shall
amend the judgment or award by a like conversion of the former money.
(Added to NRS by 1993, 198)
Unless
displaced by particular provisions of NRS 17.410 to 17.660 ,
inclusive, the principles of law and equity, including the law merchant,
and the law relative to capacity to contract, principal and agent,
estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy
or other validating or invalidating causes supplement the provisions of
those sections.
(Added to NRS by 1993, 198)
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