1. No person is eligible to the office of sheriff unless:
(a) He will have attained the age of 21 years on the date he would
take office if so elected; and
(b) He is a qualified elector.
2. A person who has been convicted of a felony in this state or
any other state is not qualified to be a candidate for or elected or
appointed to the office of sheriff regardless of whether he has been
restored to his civil rights.
(Added to NRS by 2003, 2135 , 2696 )
1. Sheriffs must be elected by the qualified electors of their
respective counties.
2. Sheriffs must be chosen by the electors of their respective
counties at the general election in 1922, and at the general election
every 4 years thereafter, and shall enter upon the duties of their
respective offices on the first Monday of January subsequent to their
election.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL §
4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL §
4773] + [Part 17:108:1866; A 1921, 96; NCL § 4781]—(NRS A 2003, 2696
)
Before entering upon the discharge of
his duties, each sheriff shall:
1. Take the oath of office.
2. Give a bond to his county in the penal sum of not less than
$10,000 nor more than $50,000, with two or more sureties, residing in his
county, or by any qualified surety company, to be approved by the board
of county commissioners, conditioned for the faithful performance of the
duties of his office, unless a blanket fidelity bond is furnished by the
county. The bond must be filed and recorded in the office of the county
clerk of his county.
[2:38:1861; A 1931, 33; 1931 NCL § 2145]—(NRS A 1979, 289)
Sheriffs shall keep an
office at the county seat of their county which shall be kept open in
accordance with the provisions of NRS 245.040 .
[Part 1:178:1907; A 1929, 255; 1955, 6, 471]
1. Except as provided in NRS 248.045 , each sheriff may:
(a) Appoint, in writing signed by him, one or more deputies, who
may perform all the duties devolving on the sheriff of the county and
such other duties as the sheriff may from time to time direct. The
appointment of a deputy sheriff must not be construed to confer upon that
deputy policymaking authority for the office of the sheriff or the county
by which the deputy sheriff is employed.
(b) Except as otherwise provided in this paragraph, only remove a
deputy who has completed a probationary period of 12 months for cause. A
deputy who functions as the head of a department or an administrative
employee or who has not completed the probationary period may be removed
at the sheriff’s pleasure.
2. No deputy sheriff is qualified to act as such unless he has
taken an oath to discharge the duties of the office faithfully and
impartially. The oath must be certified on the back of his appointment
and filed in the office of the county auditor.
3. The sheriff may require of his deputies such bonds as to him
seem proper.
[3:38:1861; A 1913, 108; 1919 RL § 1645; NCL § 2146]—(NRS A 1969,
649; 1973, 925, 1694; 1983, 742; 1987, 1447; 2005, 680 )
1. The sheriff of a metropolitan police department may appoint one
or more police officers who have the same powers and duties as deputy
sheriffs. The appointment and removal of those police officers by the
sheriff of a metropolitan police department must be made in accordance
with the provisions of the civil service system for the department.
2. In any county whose population is 100,000 or more, the sheriff
shall appoint and remove deputies in accordance with the provisions of
the merit personnel system of that county.
(Added to NRS by 1987, 1447)
CONTROL OF JAIL
The sheriff of each
county shall have the custody of the jail of his county and the prisoners
in the same, and shall appoint the keeper thereof, for whose conduct he
shall be responsible, and whom he may remove at pleasure.
[Part 4:38:1861; A 1867, 64; B § 2955; BH § 2122; C § 2243; RL §
1646; NCL § 2147]
If any sheriff or keeper of a jail shall willfully refuse to
receive or arrest any person charged with a criminal offense, such
sheriff or jailer is guilty of a gross misdemeanor.
[Part 67:108:1866; B § 2665; BH § 1702; C § 1848; RL § 2820; NCL §
4820]—(NRS A 1967, 539)
DUTIES; POWERS; PROHIBITED ACTS; PROCESS; LIABILITIES
Sheriffs and their deputies shall
keep and preserve the peace in their respective counties, and quiet and
suppress all affrays, riots and insurrections, for which purpose, and for
the service of process in civil or criminal cases, and in apprehending or
securing any person for felony, or breach of the peace, they may call
upon the power of their county to aid in such arrest or in preserving the
peace.
[5:38:1861; B § 2956; BH § 2123; C § 2244; RL § 1647; NCL § 2148]
The sheriff is responsible for
searches and rescues within his county.
(Added to NRS by 1983, 1354)
1. The sheriff shall:
(a) Attend in person, or by deputy, all sessions of the district
court in his county.
(b) Obey all the lawful orders and directions of the same.
(c) Except as otherwise provided in subsection 2, execute the
process, writs or warrants of courts of justice, judicial officers and
coroners, when delivered to him for that purpose.
2. The sheriff may authorize the constable of the appropriate
township to receive and execute the process, writs or warrants of courts
of justice, judicial officers and coroners.
[6:38:1861; A 1873, 115; B § 2957; BH § 2124; C § 2245; RL § 1648;
NCL § 2149]—(NRS A 2001, 1455 )
A sheriff shall not
engage in the practice of law.
[Part 4:38:1861; A 1867, 64; B § 2955; BH § 2122; C § 2243; RL §
1646; NCL § 2147]—(NRS A 1991, 105)
When any process, writ or order is
delivered to the sheriff, or the constable as authorized pursuant to NRS
248.100 , to be served or executed, the
sheriff or constable shall:
1. Forthwith endorse upon it the year, month, day and hour of its
receipt.
2. Give to the person delivering it, if required, on payment of
his fee, a written memorandum signed by him, stating the names of the
parties in the process or order, the nature thereof and the time it was
received. He shall also deliver to the party served a copy thereof, if
required so to do, without charge to such party.
[7:38:1861; B § 2958; BH § 2125; C § 2246; RL § 1649; NCL §
2150]—(NRS A 2001, 1455 )
A sheriff, or a constable authorized pursuant to NRS
248.100 , to whom any process, writ,
order or paper is delivered shall:
1. Execute the same with diligence, according to its command, or
as required by law.
2. Return it without delay to the proper court or officer, with
his certificate endorsed thereon of the manner of its service or
execution, or, if not served or executed, the reasons for his failure.
Ê For a failure so to do, he shall be liable to the party aggrieved for
all damages sustained by him on account of such neglect.
[8:38:1861; B § 2959; BH § 2126; C § 2247; RL § 1650; NCL §
2151]—(NRS A 2001, 1455 )
Except as otherwise provided in NRS 248.100 , if the sheriff to whom a writ of execution or
writ of attachment is delivered shall neglect or refuse, after being
required by the creditor or his attorney to attach, or to levy upon or
sell, any property of the party charged in the writ which is liable to be
attached or levied upon and sold, he shall be liable on his official bond
to the creditor for the value of such property.
[9:38:1861; B § 2960; BH § 2127; C § 2248; RL § 1651; NCL §
2152]—(NRS A 2001, 1455 )
If a sheriff neglects or
refuses to pay over on demand to the person entitled thereto any money
which may come into his hands by virtue of his office, after deducting
his legal fees, the amount thereof, with 25 percent damages, and interest
at the rate of 7 percent per annum from the time of the demand, may be
recovered by such person from him and the sureties on his official bond,
on application, upon 5 days’ notice to the court in which the action is
brought.
[10:38:1861; B § 2961; BH § 2128; C § 2249; RL § 1652; NCL §
2153]—(NRS A 1959, 184)
No sheriff shall
become the purchaser, nor procure any person to become the purchaser for
him, of any property, real or personal, by him exposed to sale by virtue
of any execution or other process; and all such purchases made by any
sheriff, or any person in his behalf, shall be absolutely null and void.
[13:38:1861; B § 2964; BH § 2131; C § 2252; RL § 1655; NCL § 2156]
Any sheriff, at the expiration of his term of office, having any
execution or final process which he may have levied and not collected,
shall be and is authorized to proceed and collect such execution in the
same manner as if his term of office had not expired.
[14:38:1861; B § 2965; BH § 2132; C § 2253; RL § 1656; NCL § 2157]
Service of a paper upon
the sheriff may be made by delivering it to him in person, or by
delivering it to one of his deputies, or to a person belonging to and in
the office, during office hours, or, if no such person be there, by
leaving it in a conspicuous place in the office.
[18:38:1861; B § 2969; BH § 2136; C § 2257; RL § 1660; NCL § 2161]
1. When six or more persons, whether armed or not, shall be
unlawfully or riotously assembled in any city or town, the sheriff of the
county and his deputies shall go among the persons so assembled, or as
near as possible, and shall command them, in the name of the people of
the United States and the State of Nevada, to disperse immediately.
2. If the persons assembled do not immediately disperse, the
sheriff and his deputies shall arrest them that they may be punished
according to law, and for that purpose may command the aid of all persons
present or within the county.
3. If a sheriff or his deputies, having notice of an unlawful or
riotous assembly, as provided in subsection 1, neglect or refuse to
proceed to the place of assembly, or as near thereto as he can with
safety, and to exercise the authority with which he is invested for
suppressing the same and arresting the offenders, he shall be deemed
guilty of a misdemeanor, and shall be punished accordingly.
[Part 87:108:1866; B § 2685; BH § 1722; C § 1868; RL § 2836; NCL §
4836] + [88:108:1866; B § 2686; BH § 1723; C § 1869; RL § 2837; NCL §
4837] + [90:108:1866; B § 2688; BH § 1725; C § 1871; RL § 2838; NCL §
4838]
When there is an
unlawful or riotous assembly, with the intent to commit a felony, or to
offer violence to person or property, or to resist, by force, the laws of
the State, and the fact is made to appear to the sheriff of the county,
the sheriff may call upon the Governor for military aid in the manner
provided by law, to aid the civil authorities in suppressing violence and
enforcing the laws.
[Part 82:108:1866; B § 2690; BH § 1727; C § 1873; RL § 2839; NCL §
4839] + [Part 93:108:1866; B § 2691; BH § 1728; C § 1874; RL § 2840; NCL
§ 4840] + [94:108:1866; B § 2692; BH § 1729; C § 1875; RL § 2841; NCL §
4841]—(NRS A 1967, 1341)
If any sheriff
shall have knowledge of an intention on the part of any two persons to
fight with a deadly weapon or weapons, and the sheriff shall not use and
exert his official authority to arrest the parties and prevent the deed,
he shall be fined in a sum not exceeding $1,000.
[Part 70:108:1866; B § 2668; BH § 1705; C § 1851; RL § 2823; NCL §
4823]
A sheriff shall, within 7 days
after receipt of a written request of a person who claims to have
sustained damages as a result of an accident, or his legal representative
or insurer, and upon receipt of a reasonable fee to cover the cost of
reproduction, provide the person, his legal representative or insurer, as
applicable, with a copy of the accident report and all statements by
witnesses and photographs in the possession or under the control of the
sheriff’s office that concern the accident, unless:
1. The materials are privileged or confidential pursuant to a
specific statute; or
2. The accident involved:
(a) The death or substantial bodily harm of a person;
(b) Failure to stop at the scene of an accident; or
(c) The commission of a felony.
(Added to NRS by 1987, 1051; A 2005, 701 )
In counties having a population of less than 100,000, the
sheriff shall report immediately to the public administrator all deaths
which he gains knowledge of in the performance of his duties.
(Added to NRS by 1971, 507; A 1979, 522)
Sheriffs and their deputies shall perform such duties as are
required by NRS 258.070 .
[Part 6:82:1861; A 1887, 134; C § 2321; RL § 1692; NCL § 2192]
FEES; COMMISSIONS; COMPENSATION; MILEAGE
1. The sheriff of each county in this State may charge and collect
the following fees:
For serving a summons or complaint, or any other process, by which an
action or proceeding is commenced, except as a writ of habeas corpus, on
every
defendant...............................................................
$17
For traveling and making such service, per mile in going only, to be
computed in all cases the distance actually traveled, for each
mile.......................................................................
.......................................... 2
If any two or more papers are required to be served in the same suit at
the same time, where parties live in the same direction, one mileage only
may be charged.
For taking a bond or undertaking in any case in which he is authorized to
take a bond or undertaking 5
For a copy of any writ, process or other paper, if demanded or required
by law, for each page 3
For serving every rule or
order......................................................................
.......... 15
For serving one notice required by law before the commencement of a
proceeding for any type of eviction 26
For serving not fewer than 2 nor more than 10 such notices to the same
location, each notice 20
For serving not fewer than 11 nor more than 24 such notices to the same
location, each notice 17
For serving 25 or more such notices to the same location, each
notice............ 15
For mileage in serving such a notice, for each mile necessarily and
actually traveled in going only 2
But if two or more notices are served at the same general location during
the same period, mileage may only be charged for the service of one
notice.
For serving a subpoena, for each witness
summoned......................................... 15
For traveling, per mile in serving subpoenas, or a venire, in going only,
for each mile 2
When two or more witnesses or jurors live in the same direction,
traveling fees must be charged only for the most distant.
For serving an attachment on property, or levying an execution, or
executing an order of arrest or order for the delivery of personal
property, together with traveling fees, as in cases of summons. 15
For making and posting notices and advertising for sale, on execution or
any judgment or order of sale, not to include the cost of publication in
a newspaper................................................................
........... 15
For issuing each certificate of sale of property on execution or order of
sale, and for recording the original certificate with the county
recorder, which must be collected from the party receiving the
certificate 5
For drawing and executing every sheriff’s deed, to be paid by the
grantee, who shall in addition pay for the acknowledgment
thereof....................................................................
............................................... 20
For serving a writ of possession or restitution, putting any person into
possession entitled thereto 21
For traveling in the service of any process, not otherwise provided in
this section, for each mile necessarily traveled, for going only, for
each mile..................................................................
............................... 2
For mailing a notice of a writ of
execution................................................................
2
The sheriff may charge and collect $2 per mile traveled, for going only,
on all papers not served, where reasonable effort has been made to effect
service, but not to exceed $20.
2. The sheriff may also charge and collect:
(a) For commissions for receiving and paying over money on
execution or process, where lands or personal property have been levied
on, advertised or sold, on the first $500, 4 percent; on any sum in
excess of $500, and not exceeding $1,000, 2 percent; on all sums above
that amount, 1 percent.
(b) For commissions for receiving and paying over money on
executions without levy, or where the lands or goods levied on are not
sold, on the first $3,500, 2 percent, and on all amounts over that sum,
one-half of 1 percent.
(c) For service of any process in a criminal case, or of a writ of
habeas corpus, the same mileage as in civil cases, to be allowed, audited
and paid as are other claims against the county.
(d) For all services in Justice Courts, the same fees as are
allowed in subsection 1 and paragraphs (a), (b) and (c) of this
subsection.
3. The sheriff is also entitled to further compensation for his
trouble and expense in taking possession of property under attachment,
execution or other process and of preserving the property, as the court
from which the writ or order may issue certifies to be just and
reasonable.
4. In service of a subpoena or a venire in criminal cases, the
sheriff is entitled to receive mileage for the most distant only, where
witnesses and jurors live in the same direction.
5. The fees allowed for the levy of an execution, for advertising
and for making and collecting money on an execution or order of sale,
must be collected from the defendants, by virtue of the execution or
order of sale, in the same manner as the execution is directed to be made.
6. Except as otherwise provided by an ordinance adopted pursuant
to the provisions of NRS 244.207 , all
fees collected by a sheriff must be paid into the county treasury of his
county on or before the fifth working day of the month next succeeding
the month in which the fees are collected.
(Added to NRS by 1969, 182; A 1973, 784, 1680; 1985, 1006; 1987,
649; 1989, 1144; 1991, 406; 1993, 1351; 1997, 1206; 2001, 1743 , 3210 ; 2003, 227 )
The provisions of NRS
248.275 apply to the sheriff of Carson
City.
(Added to NRS by 1969, 323)
Each sheriff shall keep in
his office a fee book in which he shall enter in detail the title of the
matter, proceeding or action, and the fees charged therein. The fee book
shall be open to public inspection.
[Part 18:49:1883; BH § 2359; C § 2483; RL § 2020; NCL § 2951]
1. On the first Monday of January, April, July and October, each
sheriff who receives fees under the provisions of this chapter shall make
out and file with the boards of county commissioners of their several
counties a full and correct statement under oath of all fees, percentages
or compensation, of whatever nature or kind, received in their several
official capacities during the preceding 3 months. In the statement they
shall set forth the cause in which, and the services for which, such fees
or compensation were received.
2. Nothing in this section shall be so construed as to require
personal attendance in filing statements, which may be transmitted by
mail or otherwise directed to the clerk of the board of county
commissioners.
[Part 19:49:1883; BH § 2360; C § 2484; RL § 2021; NCL § 2952]
No other fees shall be
charged by sheriffs than those specifically set forth in this chapter,
nor shall fees be charged for any other services than those mentioned in
this chapter.
[Part 17:49:1883; BH § 2358; C § 2482; RL § 2019; NCL § 2950]
Any sheriff who shall violate any of the provisions of NRS
248.300 , 248.310 and 248.320
shall be fined not more than $1,000.
[Part 21:49:1883; BH § 2362; C § 2486; RL § 2023; NCL § 2954]—(NRS
A 1967, 540)
If any sheriff
shall take more or greater fees than are allowed by law, he shall be
liable to indictment, and on conviction shall be removed from office and
fined in any sum not exceeding $1,000.
[Part 22:49:1883; BH § 2363; C § 2487; RL § 2024; NCL § 2955]
No sheriff shall,
directly or indirectly, ask, demand or receive for any services or acts
by him performed in pursuance of any duty of his office any greater or
more fees than he is allowed by law, on pain of forfeiting for such
offense, to the party aggrieved, treble the sum so demanded or received,
and his legal fees, together with costs of suit.
[12:38:1861; B § 2963; BH § 2130; C § 2251; RL § 1654; NCL § 2155]
Any sheriff
receiving fees as provided by law shall publish and set up in some
conspicuous place in his office a fee table for public inspection. A sum
not exceeding $20 for each day of his omission so to do shall be
forfeited, which sum with costs may be recovered by any person by an
action before any justice of the peace of the same county.
[Part 23:49:1883; BH § 2364; C § 2488; RL § 2025; NCL § 2956]
When by law any publication is
required to be made by any sheriff of any suit, process, notice, order or
other paper, the cost of such publication shall, if demanded, be tendered
by the party to whom such order, process, notice or other paper was
granted before the sheriff shall be compelled to make publication thereof.
[Part 24:49:1883; BH § 2365; C § 2489; RL § 2026; NCL § 2957]
All fees
prescribed in this chapter shall be payable in advance, if demanded. If a
sheriff shall not have received any or all of his fees, which may be due
him for services rendered by him in any suit or proceedings, he may have
execution therefor in his own name against the party or parties from whom
they are due, to be issued from the court where the action is pending,
upon the order of the judge or court upon affidavit filed.
[Part 25:49:1883; BH § 2366; C § 2490; RL § 2027; NCL § 2958]
NRS 248.390 Mileage for service of more than one process. When any
sheriff serves more than one process in the same cause, not requiring
more than one journey from his office, he shall receive mileage only for
the most distant service.
[Part 35:49:1883; BH § 2376; C § 2500; RL § 2037; NCL § 2968]
Mileage shall be computed
from the courthouse of the county in all cases where mileage is
chargeable by the sheriff. Every fraction of a mile shall be computed as
a mile.
[Part 38:49:1883; BH § 2379; C § 2503; RL § 2040; NCL § 2971]
No sheriff shall be
allowed to charge or receive any fee or compensation whatever for the
return written upon any summons, subpoena, writ of attachment, execution,
order of sale or other paper. Any sheriff violating the terms of this
section shall be punished by a fine of not more than $500 and shall be
removed from office.
[Part 39:49:1883; BH § 2380; C § 2504; RL § 2041; NCL § 2972]—(NRS
A 1967, 540)
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