Nevada Statute | Act | Code |Title 06 - Justice Courts And Civil Procedure Therein| US Code - US Statute

Actions in Justice Courts must be
commenced, and, subject to the right to change the place of trial as
provided in this chapter, must be tried:

      1. If there is no Justice Court for the township in which the
defendant resides, in any township of the county in which he resides.

      2. When two or more persons are jointly, or jointly and severally,
bound in any debt or contract, or otherwise jointly liable in the same
action, and reside in different townships of the same county, or in
different counties, in the township in which any of the persons liable
may reside.

      3. In cases of injury to the person or property, in the township
where the injury was committed or where the defendant resides.

      4. If for the recovery of personal property or the value thereof,
or damages for taking or detaining the same, in the township in which the
property may be found or in which the property was taken, or in which the
defendant resides.

      5. When the defendant is a nonresident of the county, in any
township wherein he may be found.

      6. When the defendant is a nonresident of the State, in any
township in the State.

      7. When a person has contracted to perform an obligation at a
particular place, and resides in another township, in the township in
which the obligation is to be performed, or in which he resides. The
township in which the obligation is incurred shall be deemed to be the
township in which it is to be performed, unless there is a special
contract to the contrary.

      8. When the parties voluntarily appear and plead without summons,
in any township.

      9. In all other cases, in the township in which the defendant
resides.

      [1911 CPA § 773; RL § 5715; NCL § 9262]—(NRS A 1985, 231)

      1. The court may, at any time before the trial, on motion, change
the place of trial in the following cases:

      (a) When it appears to the satisfaction of the justice before whom
the action is pending, by affidavit of either party, that the justice is
a material witness for either party.

      (b) When either party makes and files an affidavit that he believes
that he cannot have a fair and impartial trial before the justice by
reason of the interest, prejudice or bias of the justice.

      (c) When a jury has been demanded, and either party makes and files
an affidavit that he cannot have a fair and impartial trial on account of
the bias or prejudice against him of the citizens of:

             (1) The city, precinct or township, if the jurors are to be
summoned pursuant to subsection 1 of NRS 67.010 ; or

             (2) The county, if the jurors are to be summoned pursuant to
subsection 2 of NRS 67.010 .

      (d) When from any cause the justice is disqualified from acting.

      (e) When the justice is sick or unable to act.

      2. In lieu of changing the place of trial, the justice before whom
the action is pending may for any of the cases mentioned in subsection 1
call another justice of the county to conduct the trial.

      [1911 CPA § 774; RL § 5716; NCL § 9263]—(NRS A 1985, 232; 2001, 753
)
The
place of trial cannot be changed on motion of the same party more than
once upon any or all of the grounds specified in paragraphs (a), (b) and
(c) of subsection 1 of NRS 66.020 .

      [1911 CPA § 775; RL § 5717; NCL § 9264]

When the court orders the place of trial to be changed, the action must
be transferred for trial to a court the parties may agree upon; and if
they do not so agree, then to another Justice Court in the same county.

      [1911 CPA § 776; RL § 5718; NCL § 9265]
After
an order has been made transferring the action for trial to another
court, the following proceedings must be had:

      1. The justice ordering the transfer must immediately transmit to
the justice of the court to which it is transferred, on payment by the
party applying of all costs that have accrued, all the papers in the
action, together with a certified transcript from his docket of the
proceedings therein.

      2. Upon the receipt by him of such papers, the justice to whom the
case is transferred has thereafter the same jurisdiction over the action
as though it had been commenced in his court. He must issue a notice
stating when and where the trial will take place, which notice must be
served upon the parties at least 1 day before the time fixed for trial.

      [1911 CPA § 777; RL § 5719; NCL § 9266]
From the time
the order changing the place of trial is made the court to which the
action is thereby transferred has the same jurisdiction over it as though
it had been commenced in such court.

      [1911 CPA § 778; RL § 5720; NCL § 9267]

      1. The parties to an action in a Justice Court cannot give
evidence upon any question which is excluded from the jurisdiction of the
Justice Court. If it appears from the plaintiff’s own showing on the
trial, or from the answer of the defendant, verified by his oath, that
the determination of the action will necessarily involve such a question,
the justice must suspend all further proceedings in the action and
certify the pleadings, and, if any of the pleadings are oral, a
transcript of them from his docket, to the clerk of the district court of
the county. From the time of filing the pleadings or transcript with the
clerk of the district court, the district court has the same jurisdiction
over the action as if it had been commenced in the district court.

      2. In cases of forcible entry and detainer, of which Justice
Courts have jurisdiction, any evidence otherwise competent, may be given
and any question properly involved therein may be determined.

      [1911 CPA § 779; RL § 5721; NCL § 9268]—(NRS A 1981, 174)

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