For the purposes of NRS 18.010 to 18.150 ,
inclusive, the term “costs” means:
1. Clerks’ fees.
2. Reporters’ fees for depositions, including a reporter’s fee for
one copy of each deposition.
3. Jurors’ fees and expenses, together with reasonable
compensation of an officer appointed to act in accordance with NRS 16.120
.
4. Fees for witnesses at trial, pretrial hearings and deposing
witnesses, unless the court finds that the witness was called at the
instance of the prevailing party without reason or necessity.
5. Reasonable fees of not more than five expert witnesses in an
amount of not more than $1,500 for each witness, unless the court allows
a larger fee after determining that the circumstances surrounding the
expert’s testimony were of such necessity as to require the larger fee.
6. Reasonable fees of necessary interpreters.
7. The fee of any sheriff or licensed process server for the
delivery or service of any summons or subpoena used in the action, unless
the court determines that the service was not necessary.
8. Compensation for the official reporter or reporter pro tempore.
9. Reasonable costs for any bond or undertaking required as part
of the action.
10. Fees of a court bailiff who was required to work overtime.
11. Reasonable costs for telecopies.
12. Reasonable costs for photocopies.
13. Reasonable costs for long distance telephone calls.
14. Reasonable costs for postage.
15. Reasonable costs for travel and lodging incurred taking
depositions and conducting discovery.
16. Fees charged pursuant to NRS 19.0335 .
17. Any other reasonable and necessary expense incurred in
connection with the action, including reasonable and necessary expenses
for computerized services for legal research.
(Added to NRS by 1977, 773; A 1981, 1378; 1989, 707; 1993, 263;
1995, 2715; 2003, 2117 ; 2005, 190 )
1. The compensation of an attorney and counselor for his services
is governed by agreement, express or implied, which is not restrained by
law.
2. In addition to the cases where an allowance is authorized by
specific statute, the court may make an allowance of attorney’s fees to a
prevailing party:
(a) When he has not recovered more than $20,000; or
(b) Without regard to the recovery sought, when the court finds
that the claim, counterclaim, cross-claim or third-party complaint or
defense of the opposing party was brought or maintained without
reasonable ground or to harass the prevailing party. The court shall
liberally construe the provisions of this paragraph in favor of awarding
attorney’s fees in all appropriate situations. It is the intent of the
Legislature that the court award attorney’s fees pursuant to this
paragraph and impose sanctions pursuant to Rule 11 of the Nevada Rules of
Civil Procedure in all appropriate situations to punish for and deter
frivolous or vexatious claims and defenses because such claims and
defenses overburden limited judicial resources, hinder the timely
resolution of meritorious claims and increase the costs of engaging in
business and providing professional services to the public.
3. In awarding attorney’s fees, the court may pronounce its
decision on the fees at the conclusion of the trial or special proceeding
without written motion and with or without presentation of additional
evidence.
4. Subsections 2 and 3 do not apply to any action arising out of a
written instrument or agreement which entitles the prevailing party to an
award of reasonable attorney’s fees.
[1911 CPA § 434; A 1951, 59]—(NRS A 1957, 129; 1967, 1254; 1969,
435, 667; 1971, 165, 802; 1975, 309; 1977, 774; 1985, 327; 1999, 903
; 2003, 3478 )
1. An attorney at law shall have a lien upon any claim, demand or
cause of action, including any claim for unliquidated damages, which has
been placed in his hands by a client for suit or collection, or upon
which a suit or other action has been instituted. The lien is for the
amount of any fee which has been agreed upon by the attorney and client.
In the absence of an agreement, the lien is for a reasonable fee for the
services which the attorney has rendered for the client on account of the
suit, claim, demand or action.
2. An attorney perfects his lien by serving notice in writing, in
person or by certified mail, return receipt requested, upon his client
and upon the party against whom his client has a cause of action,
claiming the lien and stating the interest which he has in any cause of
action.
3. The lien attaches to any verdict, judgment or decree entered
and to any money or property which is recovered on account of the suit or
other action, from the time of service of the notices required by this
section.
4. On motion filed by an attorney having a lien under this
section, his client or any party who has been served with notice of the
lien, the court shall, after 5 days’ notice to all interested parties,
adjudicate the rights of the attorney, client or other parties and
enforce the lien.
5. Collection of attorney’s fees by a lien under this section may
be utilized with, after or independently of any other method of
collection.
(Added to NRS by 1977, 773)
Costs
must be allowed of course to the prevailing party against any adverse
party against whom judgment is rendered, in the following cases:
1. In an action for the recovery of real property or a possessory
right thereto.
2. In an action to recover the possession of personal property,
where the value of the property amounts to more than $2,500. The value
must be determined by the jury, court or master by whom the action is
tried.
3. In an action for the recovery of money or damages, where the
plaintiff seeks to recover more than $2,500.
4. In a special proceeding, except a special proceeding conducted
pursuant to NRS 306.040 .
5. In an action which involves the title or boundaries of real
estate, or the legality of any tax, impost, assessment, toll or municipal
fine, including the costs accrued in the action if originally commenced
in a Justice Court.
[1911 CPA § 435; RL § 5377; NCL § 8924]—(NRS A 1969, 435; 1977,
774; 1979, 65, 1725; 1981, 470; 1985, 1503, 1622; 1995, 2793)
1. A court shall not:
(a) Refuse to award attorney’s fees or costs to the State, a local
government, a public officer or a public employee; or
(b) Reduce the amount of the attorney’s fees or costs it awards to
the State, a local government, a public officer or a public employee,
Ę as the prevailing party in a civil action or as a party otherwise
entitled to receive attorney’s fees or costs, solely because the
prevailing party is the State, a local government, a public officer or a
public employee.
2. If a court determines that the State, a local government, a
public officer or a public employee is entitled to receive attorney’s
fees or costs pursuant to the Nevada Rules of Civil Procedure, the Nevada
Rules of Appellate Procedure, the provisions of this chapter or another
specific statute, it shall award the attorney’s fees and costs at the
rates set forth in the rule or statute. If rates are not set forth in the
rule or statute, the court shall award reasonable attorney’s fees and
costs.
3. As used in this section, “local government” means any county,
city, district, agency or other political subdivision of this state.
(Added to NRS by 1993, 262)
When several actions are brought on one bond,
undertaking, promissory note, bill of exchange, or other instrument in
writing, or in any other case for the same cause of action, against
several parties who might have been joined as defendants in the same
action, no costs shall be allowed to the plaintiff in more than one of
such actions, which may be at his election, if the party proceeded
against in the other actions was at the commencement of the previous
action openly within this state; but the disbursements of the plaintiff
shall be allowed to him in each action.
[1911 CPA § 436; RL § 5378; NCL § 8925]
Except as
limited by this section, in other actions in the district court, part or
all of the prevailing party’s costs may be allowed and may be apportioned
between the parties, or on the same or adverse sides. If, in the judgment
of the court, the plaintiff believes he was justified in bringing the
action in the district court, and he recovers at least $700 in money or
damages, or personal property of that value, the court may allow the
plaintiff part or all of his costs.
[1911 CPA § 438; RL § 5380; NCL § 8927]—(NRS A 1977, 775; 1979,
1726; 1981, 174, 470)
In the following cases the costs of an appeal to the Supreme Court shall
be in the discretion of the court:
1. Where a new trial is ordered.
2. When a judgment is modified.
Ę In the event no order is made by the court relative to the costs in the
two instances mentioned in this section, the party obtaining any relief
shall have his costs.
[1911 CPA § 439; RL § 5381; NCL § 8928]
1. When an application is made to a court or master to postpone a
trial, the payment of costs, occasioned by the postponement may be
imposed, in the discretion of the court or master, as a condition of
granting the postponement.
2. A court may impose costs and reasonable attorney’s fees against
a party or an attorney who, in the judgment of the court, purposely
caused a mistrial to occur.
[1911 CPA § 441; RL § 5383; NCL § 8930]—(NRS A 1977, 775)
When, in an action for the recovery of money only, the defendant alleges
in his answer that before the commencement of the action he tendered to
the plaintiff the full amount to which he was entitled, and thereupon
deposits in court, for the plaintiff, the amount so tendered, and the
allegations be found to be true, the plaintiff shall not recover costs,
but shall pay costs to the defendant.
[1911 CPA § 442; RL § 5384; NCL § 8931]
In an action prosecuted or defended by an executor, administrator,
trustee of express trust, or a person expressly authorized by statute,
costs may be recovered as in an action by and against a person
prosecuting and defending in his own right; but such costs shall, by the
judgment, be made chargeable only upon the estate, fund, or party
represented, unless the court shall direct the same to be paid by the
plaintiff or defendant, personally, for mismanagement or bad faith in the
action or defense.
[1911 CPA § 443; RL § 5385; NCL § 8932]
1. The party in whose favor judgment is rendered, and who claims
his costs, must file with the clerk, and serve a copy upon the adverse
party, within 5 days after the entry of judgment, or such further time as
the court or judge may grant, a memorandum of the items of his costs in
the action or proceeding, which memorandum must be verified by the oath
of the party, or his attorney or agent, or by the clerk of his attorney,
stating that to the best of his knowledge and belief the items are
correct, and that the costs have been necessarily incurred in the action
or proceeding.
2. He shall be entitled to recover the witness fees, although at
the time he may not actually have paid them. Issuance or service of
subpoena shall not be necessary to entitle a prevailing party to tax, as
costs, witness fees and mileage, provided that such witnesses be sworn
and testify in the cause.
3. It shall not be necessary to embody in the memorandum the fees
of the clerk, but the clerk shall add the same according to his fees
fixed by statute.
4. Within 3 days after service of a copy of the memorandum, the
adverse party may move the court, upon 2 days’ notice, to retax and
settle the costs, notice of which motion shall be filed and served on the
prevailing party claiming costs. Upon the hearing of the motion the court
or judge shall settle the costs.
[1911 CPA § 445; A 1919, 56; NCL § 8934]—(NRS A 1977, 775)
The clerk shall include in the judgment entered up by him any
interest on the verdict or judgment of the court or master, from the time
it was rendered or made, and the costs, if the same have been taxed or
ascertained; and he shall, within 2 days after the same shall be taxed or
ascertained, if not included in the judgment, insert the same in a blank
to be left in the judgment for that purpose, and shall make a similar
insertion of the costs in the copies and docket of the judgment.
[1911 CPA § 446; RL § 5388; NCL § 8935]
1. When a plaintiff in an action resides out of the State, or is a
foreign corporation, security for the costs and charges which may be
awarded against such plaintiff may be required by the defendant, by the
filing and service on plaintiff of a written demand therefor within the
time limited for answering the complaint. When so required, all
proceedings in the action shall be stayed until an undertaking, executed
by two or more persons, be filed with the clerk, to the effect that they
will pay such costs and charges as may be awarded against the plaintiff
by judgment, or in the progress of the action, not exceeding the sum of
$500; or in lieu of such undertaking, the plaintiff may deposit $500,
lawful money, with the clerk of the court, subject to the same conditions
as required for the undertaking. The plaintiff, upon filing the
undertaking or depositing the security, shall notify the defendant of
such filing or deposit, and the defendant, after receipt of such notice,
shall have 10 days or the period allowed under N.R.C.P. 12 (a), whichever is longer, in which to answer or otherwise
plead to the complaint.
2. A new or an additional undertaking may be ordered by the court
or judge upon proof that the original undertaking is insufficient
security, and proceedings in the action stayed until such new or
additional undertaking be executed and filed.
3. Each of the sureties on the undertaking mentioned in subsection
1 shall annex to the same an affidavit that he is a resident and
householder, or freeholder, within the county and is worth double the
amount specified in the undertaking, over and above all his just debts
and liabilities, exclusive of property exempt from execution.
4. After the lapse of 30 days from the service of notice that
security is required, or of an order for new or additional security, upon
proof thereof, and that no undertaking as required has been filed, the
court or judge may order the action to be dismissed.
[1911 CPA § 447; A 1939, 20; 1931 NCL § 8936] + [1911 CPA § 448; RL
§ 5390; NCL § 8937] + [1911 CPA § 449; RL § 5391; NCL § 8938]—(NRS A
1969, 632; 1971, 243)
In any civil action or proceeding wherein the State, or the people of
the State, is a party plaintiff, or any state officer, in his official
capacity or in behalf of the State, or any county, city and county, city
or town, or the United States of America, or the Home Owners’ Loan
Corporation, a federal corporation, is a party plaintiff, no bond,
written undertaking, or security can be required of the State, or the
people thereof, or of the United States of America, or the Home Owners’
Loan Corporation, a federal corporation, or any officer thereof, or of
any county, city and county, city or town; but on complying with the
other provisions of NRS the State, or the people thereof, or the United
States of America, or the Home Owners’ Loan Corporation, a federal
corporation, or any officer thereof acting in his official capacity, has
the same rights, remedies and benefits as if the bond, undertaking, or
security were given and approved as required by this or any other law of
the State of Nevada.
[1911 CPA § 447a; added 1935, 286; 1931 NCL § 8936.01]
1. When the State is a party, and costs or attorney’s fees are
awarded against it, they must be paid out of the State Treasury.
2. When a county is a party, and costs or attorney’s fees are
awarded against it, they must be paid out of the county treasury.
[1911 CPA § 450; RL § 5392; NCL § 8939] + [1911 CPA § 451; RL §
5393; NCL § 8940]—(NRS A 1977, 776)
1. A judgment creditor may claim costs for one or more of the
following items:
(a) Statutory fees for preparing or issuing an abstract of judgment.
(b) Statutory fees for recording, receiving or filing an abstract
of judgment.
(c) Statutory fees for issuing a writ of execution, or any writ for
the enforcement of any order or judgment.
(d) Statutory fees for issuing an order of sale.
(e) Statutory fees of sheriffs or constables in connection with
serving, executing or levying any writ or making any return, or for
keeping or caring for property held by virtue of such a writ.
(f) Costs or disbursements incurred in connection with any
proceeding supplementary to execution which have been approved as to
necessity, propriety and amount by the judge ordering or conducting the
proceeding.
2. A judgment creditor shall serve upon the adverse party either
personally or by mail, and file at any time or times not more than 6
months after the items have been incurred and before the time the
judgment is fully satisfied, a memorandum of the items of his costs and
necessary disbursements, verified by him or his attorney, stating that to
the best of his knowledge and belief the items are correct, and that they
have been necessarily or reasonably incurred in the action or proceeding.
3. Any party dissatisfied with the costs claimed may, within 5
days after the service of a copy of the bill of costs, file a motion to
have the same taxed by the court in which the judgment was rendered, or
by the judge thereof at chambers.
(Added to NRS by 1963, 310; A 1989, 902)
A judgment creditor claiming costs or necessary
disbursements reasonably incurred in aid of the collection of a judgment
or of any execution issued thereon, other than those specified in NRS
18.160 , including items which have been
disallowed by the judge in the supplemental proceeding, shall serve the
adverse party either personally or by mail, and file, at any time or
times not more than 6 months after such item has been incurred and prior
to the time the judgment is fully satisfied, a notice of motion for an
order allowing the same, specifying the items claimed and the amount
thereof, and supported by an affidavit of the party or his attorney or
agent stating that to the best of his knowledge and belief the items are
correct and showing that the costs were reasonable, and the disbursements
reasonably and necessarily incurred. The court or judge hearing such
motion shall make such order respecting the costs or disbursements so
claimed as the circumstances justify, allowing the same in whole or in
part, or disallowing the same.
(Added to NRS by 1963, 310)
Within
2 days after the costs are tried or ascertained, or after the time for
making a motion to tax the same has expired, the clerk or judge shall
enter the amount thereof on the margin of the judgment, and thereafter
they shall be included together with the amount of the fee charged for
issuance thereof in any execution issued upon such judgment.
(Added to NRS by 1963, 311)
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