USA Statutes : nevada
Title : Title 01 - STATE JUDICIAL DEPARTMENT
Chapter : CHAPTER 4 - JUSTICE COURTS
1. A person may not be a candidate for or be eligible to the
office of justice of the peace unless he is a qualified elector and has
never been removed or retired from any judicial office by the Commission
on Judicial Discipline. For the purposes of this subsection, a person is
eligible to be a candidate for the office of justice of the peace if a
decision to remove or retire him from a judicial office is pending appeal
before the Supreme Court or has been overturned by the Supreme Court.
2. A justice of the peace must have a high school diploma or its
equivalent as determined by the State Board of Education and:
(a) In a county whose population is 400,000 or more, a justice of
the peace in a township whose population is 100,000 or more must be an
attorney who is licensed and admitted to practice law in the courts of
this State at the time of his election or appointment and has been
licensed and admitted to practice law in the courts of this State,
another state or the District of Columbia for not less than 5 years at
any time preceding his election or appointment.
(b) In a county whose population is less than 400,000, a justice of
the peace in a township whose population is 250,000 or more must be an
attorney who is licensed and admitted to practice law in the courts of
this State at the time of his election or appointment and has been
licensed and admitted to practice law in the courts of this State,
another state or the District of Columbia for not less than 5 years at
any time preceding his election or appointment.
3. Subsection 2 does not apply to any person who held the office
of justice of the peace on June 30, 2001.
[Part 2:108:1866; A 1953, 711; 1955, 459]—(NRS A 1987, 438; 1999,
94 , 1347 ; 2005, 1212 )
1. There must be one Justice Court in each of the townships of the
State, for which there must be elected by the qualified electors of the
township at least one justice of the peace. Except as otherwise provided
in subsection 3, the number of justices of the peace in a township must
be increased according to the population of the township, as certified by
the Governor in even-numbered years pursuant to NRS 360.285 , in accordance with and not to exceed the following schedule:
(a) In a county whose population is 400,000 or more, one justice of
the peace for each 100,000 population of the township, or fraction
thereof.
(b) In a county whose population is 100,000 or more and less than
400,000, one justice of the peace for each 50,000 population of the
township, or fraction thereof.
(c) In a county whose population is less than 100,000, one justice
of the peace for each 34,000 population of the township, or fraction
thereof.
(d) If a township includes a city created by the consolidation of a
city and county into one municipal government, one justice of the peace
for each 30,000 population of the township, or fraction thereof.
2. Except as otherwise provided in subsection 3, if the schedule
set forth in subsection 1 provides for an increase in the number of
justices of the peace in a township, the new justice or justices of the
peace must be elected at the next ensuing biennial election.
3. If the schedule set forth in subsection 1 provides for an
increase in the number of justices of the peace in a township and, in the
opinion of a majority of the justices of the peace in that township, the
caseload does not warrant an additional justice of the peace, the
justices of the peace shall notify the Director of the Legislative
Counsel Bureau and the board of county commissioners of their opinion on
or before March 15 of the even-numbered year in which the population of
the township provides for such an increase. The Director of the
Legislative Counsel Bureau shall submit the opinion to the next regular
session of the Legislature for its consideration. If the justices of the
peace transmit such a notice to the Director of the Legislative Counsel
Bureau and the board of county commissioners, the number of justices must
not be increased during that period unless the Legislature, by
resolution, expressly approves the increase.
4. Justices of the peace shall receive certificates of election
from the boards of county commissioners of their respective counties.
5. The clerk of the board of county commissioners shall, within 10
days after the election or appointment and qualification of any justice
of the peace, certify under seal to the Secretary of State the election
or appointment and qualification of the justice of the peace. The
certificate must be filed in the Office of the Secretary of State as
evidence of the official character of that officer.
[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 18:108:1866; B § 2616; BH § 1653; C § 1799; RL § 2782; NCL
§ 4782] + [Part 30:108:1866; B § 2628; BH § 1665; C § 1811; RL § 2794;
NCL § 4794] + [Part 31:108:1866; B § 2629; BH § 1666; C § 1812; RL §
2795; NCL § 4795] + [Part 32:19:1865; B § 937; BH § 2451; C § 2532; RL §
4852; NCL § 8394]—(NRS A 1965, 1221; 1973, 281, 1723; 1975, 1120; 1977,
677; 1979, 498, 1334; 1983, 437; 1991, 327; 1995, 1962; 1997, 3062)
1. The term of office of justices of the peace is 6 years. Each
term begins on the first Monday of the January next after the appropriate
general election.
2. If the board of county commissioners alters the boundaries of a
township so that the proper number of justices of the peace within the
township is increased or diminished, the board shall provide an effective
date for the alteration such that the number of justices of the peace
elected from each township at each general election remains as nearly
equal as may be.
(Added to NRS by 1977, 677; A 1983, 437; 1991, 530)
Each justice of
the peace elected or appointed in this State shall, before entering upon
the duties of his office:
1. Take the oath prescribed by law.
2. Execute a bond to the State of Nevada, to be approved by the
board of county commissioners and furnished at county expense, in the
penal sum of not less than $10,000 or more than $50,000, as may be
designated by the board of county commissioners. The bond must be
conditioned for the faithful performance of the duties of his office and
filed in the office of the county clerk.
[1:7:1873; B § 2978; BH § 2254; C § 2421; RL § 4927; NCL §
8474]—(NRS A 2005, 15 )
1. The board of county commissioners of each county shall select a
number of persons it determines appropriate to comprise a panel of
substitute justices of the peace. The persons so selected must possess
the qualifications set forth in NRS 4.010 for the office of justice of the peace in the
respective county.
2. Whenever a justice of the peace is disqualified from acting in
a case pending in the Justice Court or is unable to perform his official
duties because of his temporary sickness or absence, or other cause, he
shall, if necessary, appoint a person from the panel of substitute
justices of the peace or, pursuant to NRS 4.340 , invite another justice of the peace to act in
his place.
3. A person appointed from the panel of substitute justices of the
peace must take and subscribe to the official oath before acting as a
justice of the peace pro tempore. While acting in that capacity, he is
entitled to receive a per diem salary set by the board of county
commissioners. The annual sum expended for salaries of justices of the
peace pro tempore must not exceed the amount budgeted for that expense by
the board of county commissioners.
4. If an appointment of a justice of the peace pro tempore becomes
necessary and the justice of the peace fails or is unable to appoint a
person from the panel of substitute justices pursuant to this section and
fails or is unable to obtain another justice of the peace pursuant to NRS
4.340 , the chairman of the board of
county commissioners shall:
(a) In counties whose population is more than 100,000, appoint
another justice of the peace pursuant to NRS 4.340 or a person from the panel of substitute
justices of the peace pursuant to this section, to act in his place.
(b) In counties whose population is 100,000 or less, appoint
another justice of the peace pursuant to NRS 4.340 , a person from the panel of substitute
justices of the peace pursuant to this section or a municipal judge
pursuant to NRS 4.345 , to act in his
place.
(Added to NRS by 1991, 656)
1. Notwithstanding any other provision of law or ordinance, a
senior justice of the peace who serves in that capacity may serve
temporarily in any Justice Court in this State, regardless of whether he
is a resident of the township or county in which the Justice Court to
which he is assigned is located.
2. As used in this section, “senior justice of the peace” means a
former justice of the peace who has received a commission from the
Supreme Court to serve as a senior justice of the peace pursuant to the
rules prescribed by the Supreme Court.
(Added to NRS by 2005, 105 )
1. The Court Administrator shall, at the direction of the Chief
Justice of the Supreme Court, arrange for the giving of instruction, at
the National Judicial College in Reno, Nevada, or elsewhere:
(a) In court procedure, recordkeeping and the elements of
substantive law appropriate to a Justice Court, to each justice of the
peace who is first elected or appointed to office after July 1, 1971, and
to other justices of the peace who so desire and who can be accommodated,
between each general election and January 1 next following.
(b) In statutory amendments and other developments in the law
appropriate to a Justice Court, to all justices of the peace at least
once each year.
2. Each county shall pay to the Supreme Court the county’s pro
rata share of the costs of that instruction as budgeted for pursuant to
the Local Government Budget and Finance Act.
3. The Supreme Court shall deposit with the State Treasurer, for
credit to the appropriate account of the Supreme Court, all money
received pursuant to subsection 2.
(Added to NRS by 1971, 838; A 1975, 1024; 1977, 362; 1981, 252;
1983, 108; 1987, 438; 2001, 1819 )
1. Each justice of the peace who is first elected or appointed to
office after July 1, 1971, shall attend the instruction provided pursuant
to NRS 4.035 , on the first occasion
when such instruction is offered after his election or appointment,
unless excused by written order of a judge of the district court in and
for his county, which shall be filed with the Court Administrator. Such
order is final for all purposes.
2. If a justice of the peace fails to attend such instruction
without securing a written order pursuant to subsection 1, he forfeits
his office.
(Added to NRS by 1971, 838; A 1977, 362)
1. The several boards of county commissioners of each county, at
the regular meeting in July of any year in which an election of justices
of the peace is held, shall fix the minimum compensation of the justices
of the peace within their respective townships for the ensuing term,
either by stated salaries, payable monthly, semimonthly or at regular
2-week intervals, or by fees, as provided by law, or both, and they may
thereafter increase or change such compensation during the term but shall
not reduce it below the minimum so established.
2. If it becomes necessary to appoint a justice of the peace at
any time, the board of county commissioners in the county in which such
appointment is made shall fix the compensation, either by salary or by
fees, as provided by law, or both, for the term for which the justice of
the peace is appointed.
[Part 1:12:1929; A 1953, 202] + [Part 2:12:1929; NCL § 2202] +
[Part 3:12:1929; NCL § 2203]—(NRS A 1973, 291)
1. When any justice of the peace is entitled to receive his
necessary traveling expenses for the transaction of public business, the
board of county commissioners shall allow him the same per diem
allowances and travel expenses as are provided for state officers in the
same circumstances by NRS 281.160 .
2. Any justice of the peace presenting a claim to the county for
any expenses allowed by law shall attach itemized vouchers and receipts
for the same to his claim, and the boards of county commissioners of the
several counties are prohibited from allowing such claim unless
accompanied by vouchers and receipts as required by this section.
[Part 1:16:1928; A 1939, 31; 1953, 69; 1955, 596]—(NRS A 1973, 282)
1. Except as otherwise provided in this section and NRS 33.017
to 33.100 , inclusive, each justice of the peace shall
charge and collect the following fees:
(a) On the commencement of any action or proceeding in the Justice
Court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the
action:
If the sum claimed does not exceed
$1,000...................................................... $28.00
If the sum claimed exceeds $1,000 but does not exceed
$2,500...................... 50.00
If the sum claimed exceeds $2,500 but does not exceed
$4,500.................... 100.00
If the sum claimed exceeds $4,500 but does not exceed
$6,500.................... 125.00
If the sum claimed exceeds $6,500 but does not exceed
$7,500.................... 150.00
If the sum claimed exceeds $7,500 but does not exceed
$10,000.................. 175.00
In all other civil
actions....................................................................
.................... 28.00
(b) For the preparation and filing of an affidavit and order in an
action commenced pursuant to chapter 73 of
NRS:
If the sum claimed does not exceed
$1,000...................................................... $25.00
If the sum claimed exceeds $1,000 but does not exceed
$2,500...................... 45.00
If the sum claimed exceeds $2,500 but does not exceed
$5,000...................... 65.00
(c) On the appearance of any defendant, or any number of defendants
answering jointly, to be paid by him or them on filing the first paper in
the action, or at the time of appearance:
In all civil
actions....................................................................
............................ $12.00
For every additional defendant, appearing
separately...................................... 6.00
(d) No fee may be charged where a defendant or defendants appear in
response to an affidavit and order issued pursuant to the provisions of
chapter 73 of NRS.
(e) For the filing of any paper in
intervention.........................................................
$6.00
(f) For the issuance of any writ of attachment, writ of
garnishment, writ of execution or any other writ designed to enforce any
judgment of the
court......................................................................
.................................. $6.00
(g) For filing a notice of appeal, and appeal
bonds.............................................. $12.00
One charge only may be made if both papers are filed at the
same time.
(h) For issuing supersedeas to a writ designed to enforce a
judgment or order of the court $12.00
(i) For preparation and transmittal of transcript and papers on
appeal............. $12.00
(j) For celebrating a marriage and returning the certificate to the
county recorder $50.00
(k) For entering judgment by
confession................................................................
$6.00
(l) For preparing any copy of any record, proceeding or paper, for
each page. $.30
(m) For each certificate of the clerk, under the seal of the
court.......................... $3.00
(n) For searching records or files in his office, for each
year............................... $1.00
(o) For filing and acting upon each bail or property bond
................................. $40.00
2. A justice of the peace shall not charge or collect any of the
fees set forth in subsection 1 for any service rendered by him to the
county in which his township is located.
3. A justice of the peace shall not charge or collect the fee
pursuant to paragraph (j) of subsection 1 if he performs a marriage
ceremony in a commissioner township.
4. Except as otherwise provided by an ordinance adopted pursuant
to the provisions of NRS 244.207 , the
justice of the peace shall, on or before the fifth day of each month,
account for and pay to the county treasurer all fees collected during the
preceding month, except for the fees he may retain as compensation and
the fees he is required to pay to the State Controller pursuant to
subsection 5.
5. The justice of the peace shall, on or before the fifth day of
each month, pay to the State Controller:
(a) An amount equal to $5 of each fee collected pursuant to
paragraph (j) of subsection 1 during the preceding month. The State
Controller shall deposit the money in the Account for Aid for Victims of
Domestic Violence in the State General Fund.
(b) One-half of the fees collected pursuant to paragraph (o) of
subsection 1 during the preceding month. The State Controller shall
deposit the money in the Fund for the Compensation of Victims of Crime.
[12:94:1865] + [13:49:1883; BH § 2354; C § 2478; RL § 2015; NCL §
2946] + [13:49:1883; A 1885, 129; 1887, 76]—(NRS A 1959, 707; 1969, 408;
1973, 1677; 1975, 501; 1979, 1723; 1981, 468; 1983, 438; 1985, 1620;
1987, 496; 1989, 378, 581; 1991, 324, 1016, 1867, 1868, 1869; 1993, 1353,
1378, 1464; 1995, 563, 566; 1999, 2408 ; 2001, 2130 , 2906 , 3213 ; 2003, 227 , 847 )
1. In a county whose population is 100,000 or more, the justice of
the peace shall, on the commencement of any action or proceeding in the
Justice Court for which a fee is required, and on the answer or
appearance of any party in any such action or proceeding for which a fee
is required, charge and collect a fee of not less than $5 but not more
than $10 from the party commencing, answering or appearing in the action
or proceeding. The fee required pursuant to this section is in addition
to any other fee required by law.
2. On or before the first Monday of each month, the justice of the
peace shall pay over to the county treasurer the amount of all fees
collected by him pursuant to subsection 1 for credit to an account for
dispute resolution in the county general fund. The money in that account
must not be used for purposes other than the programs established
pursuant to NRS 3.500 and 244.1607
.
3. The board of county commissioners of any other county may
impose by ordinance an additional filing fee of not more than $10 to be
paid on the commencement of any action or proceeding in the Justice Court
for which a fee is required and on the filing of any answer or appearance
in any such action or proceeding for which a fee is required. On or
before the fifth day of each month, in a county where this fee has been
imposed, the justice of the peace shall account for and pay over to the
county treasurer all fees collected during the preceding month pursuant
to this subsection for credit to an account for dispute resolution in the
county general fund. The money in the account must be used only to
support a program established pursuant to NRS 3.500 or 244.1607 .
(Added to NRS by 1991, 918; A 1993, 1213; 1997, 2361)
1. The justice of the peace shall, on the commencement of any
action or proceeding in the Justice Court for which a fee is required,
and on the answer or appearance of any defendant in any such action or
proceeding for which a fee is required, charge and collect a fee of $1
from the party commencing, answering or appearing in the action or
proceeding. These fees are in addition to any other fee required by law.
2. On or before the first Monday of each month, the justice of the
peace shall pay over to the county treasurer the amount of all fees
collected by him pursuant to subsection 1 for credit to the State General
Fund. Quarterly, the county treasurer shall remit all money so collected
to the State Controller, who shall place the money in an account in the
State General Fund for use by the Director of the Department of Taxation
to administer the provisions of NRS 360.283 .
(Added to NRS by 1991, 327; A 1995, 925; 2001, 2907 )
1. In addition to any other fee required by law, in each county
that charges a fee pursuant to NRS 19.031 to offset a portion of the costs of providing
legal services without a charge to indigent or elderly persons, a board
of county commissioners may impose by ordinance a filing fee to offset a
portion of the costs of providing pro bono programs and of providing
legal services without a charge to abused or neglected children and
victims of domestic violence to be remitted to the organization operating
the program for legal services that receives the fees charged pursuant to
NRS 19.031 for programs for the
indigent in an amount not to exceed $10 to be paid on the commencement of
any action or proceeding in the Justice Court for which a filing fee is
required and on the filing of any answer or appearance in any such action
or proceeding for which a filing fee is required.
2. On or before the first Monday of each month, in a county in
which a fee has been imposed pursuant to subsection 1, the justice of the
peace shall account for and pay over to the county treasurer any such
fees collected by him during the preceding month. The county treasurer
shall remit quarterly to the organization to which the fees are to be
paid pursuant to subsection 1 all the money received by him from the
justice of the peace.
3. Any fees collected pursuant to this section must be used for
the benefit of the persons to whom the organization operating the program
for legal services that receives money pursuant to this section provides
legal services without a charge.
(Added to NRS by 2001, 2680 ; A 2005, 199 )
1. In a county whose population is less than 100,000, the board of
county commissioners may, in addition to any other fee required by law,
impose by ordinance a filing fee of not more than $10 to be paid on the
commencement of any action or proceeding in the Justice Court for which a
fee is required and on the filing of any answer or appearance in any such
action or proceeding for which a fee is required.
2. On or before the fifth day of each month, in a county where a
fee has been imposed pursuant to subsection 1, the justice of the peace
shall account for and pay over to the county treasurer any such fees
collected by him during the preceding month for credit to an account for
programs for the prevention and treatment of the abuse of alcohol and
drugs in the county general fund. The money in that account must be used
only to support programs for the prevention or treatment of the abuse of
alcohol or drugs which may include, without limitation, any program of
treatment for the abuse of alcohol or drugs established in a judicial
district pursuant to NRS 453.580 .
(Added to NRS by 1997, 2361)
A justice of the peace shall not charge any fee that is not
authorized by law.
[Part 17:49:1883; BH § 2358; C § 2482; RL § 2019; NCL § 2950]—(NRS
A 1969, 411; 1991, 328; 1999, 1205 )
The justice of
the peace 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 Mondays of January, April, July and October, the
justices of the peace who receive fees pursuant to the provisions of NRS
4.060 , 4.063 and 4.065
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 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. This section does not 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]—(NRS
A 1991, 328, 918, 920; 1993, 1213)
Any justice of the peace who shall violate any of the
provisions of NRS 4.080 , 4.090 and 4.100
shall be fined not more than $1,000.
[Part 21:49:1883; BH § 2362; C § 2486; RL § 2023; NCL § 2954]—(NRS
A 1967, 528)
If any justice of
the peace 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]
Any justice of the
peace 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]
All
fees prescribed in NRS 4.060 , 4.063
and 4.065 must be paid in advance, if demanded. If a
justice of the peace has not received any or all of his fees, which are
due him for services rendered by him in any suit or proceedings, he may
have execution therefor in his own name against the party from whom they
are due, to be issued from the court where the action is pending, upon
the order of the justice of the peace or court upon affidavit filed.
[Part 25:49:1883; BH § 2366; C § 2490; RL § 2027; NCL § 2958]—(NRS
A 1969, 411; 1991, 328, 919, 921; 1993, 1213)
1. If any vacancy occurs in the office of justice of the peace,
the board of county commissioners shall either:
(a) Appoint a person to fill the vacancy pursuant to NRS 245.170
; or
(b) Provide by resolution for an election procedure to fill the
vacancy for the remainder of the unexpired term.
2. The clerk of the board of county commissioners of each county
shall, within 10 days after a vacancy has occurred in the office of
justice of the peace by resignation or otherwise, certify the fact of
such vacancy to the Secretary of State.
[Part 31:108:1866; B § 2629; BH § 1666; C § 1812; RL § 2795; NCL §
4795] + [Part 49:108:1866; A 1933, 165; 1939, 146; 1931 NCL § 4813]—(NRS
A 1975, 174; 1997, 1292)
In
townships where more than one justice of the peace has been provided for
by NRS 4.020 , such justices of the
peace shall have concurrent and coextensive jurisdiction within the
territorial limits provided by law, and may make such rules and
regulations, not inconsistent with law, as will enable them to transact
judicial business in a convenient and lawful manner.
(Added to NRS by 1965, 1222)
1. When any justice of the peace, in the formation of a new
township, shall be brought within the limits thereof, he shall be one of
the justices of the peace allowed to such new township, and shall
continue in office until the expiration of the term for which he was
elected.
2. If, by annexing a part of one township to another, there should
be more than the proper number of justices within the limits of the
township to which such addition shall have been made, any justice of the
peace brought within such township shall, notwithstanding, hold and
exercise his office therein until the expiration of his term of office,
but no successor shall be elected to fill any vacancy in office which may
be occasioned by the expiration of the term or otherwise.
3. Whenever any township, in consequence of a part being taken to
form a new township, or to be annexed to any other township, shall be
deprived of its proper number of justices of the peace, the vacancy thus
produced shall be supplied as in other cases.
[19:108:1866; B § 2617; BH § 1654; C § 1800; RL § 2783; NCL § 4783]
+ [20:108:1866; B § 2618; BH § 1655; C § 1801; RL § 2784; NCL § 4784]
The justices shall be
conservators of the peace in their respective townships, and shall
discharge such duties as may be prescribed by law.
[2:82:1861; B § 2974; BH § 2099; C § 2318; RL § 1689; NCL § 2189]
In the time and manner prescribed by
the Supreme Court, the justice of the peace of a township or, if there is
more than one justice of the peace of a township, a justice of the peace
designated by mutual consent of the other justices of the peace of that
township, shall submit to the Court Administrator a written report of the
statistical information required pursuant to this section and such other
statistical information as prescribed by the Supreme Court. The report
must include, without limitation, statistical information concerning:
1. Those cases which are pending and undecided and the justice of
the peace to whom each case has been assigned;
2. The type and number of cases each justice of the peace
considered during the preceding month;
3. The number of cases submitted to each justice of the peace
during the preceding month;
4. The number of cases decided by each justice of the peace during
the preceding month; and
5. The number of full judicial days in which each justice of the
peace appeared in court or in chambers in performance of his duties
during the preceding month.
(Added to NRS by 1999, 707 )
Justices of the peace, within their respective townships,
shall have power to take and certify:
1. The acknowledgment of conveyances and the satisfaction of a
judgment of any court.
2. An affidavit to be used in any court of justice in this state.
[Part 63:19:1865; B § 968; BH § 2482; C § 2563; RL § 4883; NCL §
8425]
1. Each justice of the peace may use a facsimile signature
produced through a mechanical device in place of his handwritten
signature whenever the necessity arises and upon approval of the Supreme
Court, subject to the following conditions:
(a) That the mechanical device must be of such a nature that the
facsimile signature may be removed from the mechanical device and kept in
a separate secure place.
(b) That the use of the facsimile signature may be made only under
the direction and supervision of the justice of the peace whose signature
it represents.
(c) That the entire mechanical device must at all times be kept in
a vault, securely locked, when not in use, to prevent any misuse of the
device.
2. No facsimile signature produced through a mechanical device
authorized by the provisions of this section may be combined with the
signature of another officer.
(Added to NRS by 1989, 999)
Every
justice of the peace shall have power to administer oaths or affirmations.
[Part 1911 CPA § 541; RL § 5483; NCL § 9030]
Every justice of the peace shall make and keep a detailed record of
every violation of the motor vehicle laws of this state coming to his
notice and attention in connection with his official duties.
[Part 1:33:1937; 1931 NCL § 4440]
A justice of the peace in a township whose population is
more than 75,000 may not act as attorney or counsel in any court except
in an action or proceeding to which he is a party on the record.
(Added to NRS by 1979, 1286; A 1985, 223; 1989, 1907)
It is unlawful for any
justice of the peace of the same township, directly or indirectly, to
purchase any judgment or any part thereof on the docket of such justice,
or on any docket in his possession. For each offense, he shall be fined
not more than $1,000.
[68:108:1866; B § 2666; BH § 1703; C § 1849; RL § 2821; NCL §
4821]—(NRS A 1979, 1458)
1. Every justice must keep a docket, in which he must enter:
(a) The title of every action or proceeding.
(b) The object of the action or proceeding; and if a sum of money
be claimed, the amount thereof.
(c) The date of the summons, and the time of its return; and if an
order to arrest the defendant be made, or a writ of attachment be issued,
a statement of the fact.
(d) The time when the parties, or either of them, appear, or their
nonappearance, if default be made; a minute of the pleadings and motions;
if in writing, referring to them; if not in writing, a concise statement
of the material parts of the pleading.
(e) Every adjournment, stating on whose application and to what
time.
(f) The demand for a trial by jury, when the same is made, and by
whom made, the order for the jury, and the time appointed for the return
of the jury and for the trial.
(g) The names of the jurors who appear and are sworn, and the names
of all witnesses sworn, and at whose request.
(h) The verdict of the jury, and when received; if the jury
disagree and are discharged, the fact of such disagreement and discharge.
(i) The judgment of the court, specifying the costs included, and
the time when rendered.
(j) The issuing of the execution, when issued and to whom; the
renewals thereof, if any, and when made, and a statement of any money
paid to the justice, when and by whom.
(k) The receipt of a notice of appeal, if any be given, and of the
appeal bond, if any be filed.
2. The Court Administrator shall prescribe the form of the docket
and of any other appropriate records to be kept by the justice, which
form may vary from court to court according to the number and kind of
cases customarily heard.
[1911 CPA § 858; RL § 5800; NCL § 9347]—(NRS A 1971, 1997)
The
several particulars of NRS 4.230
specified must be entered under the title of the action to which they
relate, and (unless otherwise in this chapter provided) at the time when
they occur. Such entries in a justice’s docket, or a transcript thereof,
certified by the justice, or his successor in office, are prima facie
evidence of the facts so stated.
[1911 CPA § 859; RL § 5801; NCL § 9348]
A justice
must keep an alphabetical index to his docket, in which must be entered
the names of the parties to each judgment, with a reference to the page
of entry. The names of the plaintiffs must be entered in the index, in
the alphabetical order of the first letter of the family name.
[1911 CPA § 860; RL § 5802; NCL § 9349]
Every justice of the peace, upon the expiration of his term of office,
must deposit with his successor his official dockets and all papers filed
in his office, as well his own as those of his predecessors or any other
which may be in his custody, to be kept as public records.
[1911 CPA § 861; RL § 5803; NCL § 9350]
If the
office of a justice becomes vacant by his death or removal from the
township, or otherwise, before his successor is elected and qualified,
the docket and papers in possession of such justice must be deposited in
the office of some other justice in the township, to be by him delivered
to the successor of such justice. If there is no other justice in the
township, then the docket and papers of such justice must be deposited in
the office of the county clerk of the county, to be by him delivered to
the successor in office of the justice.
[1911 CPA § 862; RL § 5804; NCL § 9351]
Any justice with whom the docket of his predecessor, or of
any other justice, is deposited, has and may exercise over all actions
and proceedings entered in such docket the same jurisdiction as if
originally commenced before him. In case of the creation of a new county,
or the change of the boundary between two counties, any justice into
whose hands the docket of a justice formerly acting as such within the
same territory may come, is, for the purposes of this section, considered
the successor of such former justice.
[1911 CPA § 863; RL § 5805; NCL § 9352]
The justice elected to fill a
vacancy is the successor of the justice whose office became vacant before
the expiration of a full term. When a full term expires, the same, or
another person elected to take office in the same township, from that
time is the successor.
[1911 CPA § 864; RL § 5806; NCL § 9353]
When
two or more justices are equally entitled, under NRS 4.290 , to be deemed the successor in office of the
justice, a judge of the district court must, by a certificate subscribed
by him and filed in the office of the county clerk, designate which
justice is the successor of a justice going out of office, or whose
office has become vacant.
[1911 CPA § 865; RL § 5807; NCL § 9354]
Justices of the peace may issue subpoenas
in any action or proceeding in the courts held by them, and final process
on any judgment recovered therein, to any part of the county.
[1911 CPA § 866; RL § 5808; NCL § 9355]
The summons, execution, and every other
paper made or issued by a justice, except a subpoena, must be issued
without a blank left to be filled by another; otherwise it is void.
[1911 CPA § 867; RL § 5809; NCL § 9356]
Justices of the peace must receive from the sheriff
or constables of their county all moneys collected on any process or
order issued from their courts respectively, and must pay the same, and
all moneys paid to them in their official capacity, over to the parties
entitled or authorized to receive them, without delay.
[1911 CPA § 868; RL § 5810; NCL § 9357]
1. Whenever any justice of the peace, in consequence of ill
health, absence from his township, or other cause, is prevented from
attending to his official duties, he shall, if necessary, invite any
other qualified justice of the peace of the same or another county or
appoint a person from the panel of substitute justices of the peace
pursuant to NRS 4.032 to attend to his
official duties, including those of registry agent. If he does not obtain
another justice of the peace pursuant to this section and he fails or is
unable to appoint a person from the panel of substitute justices of the
peace pursuant to NRS 4.032 , the board
of county commissioners shall:
(a) In counties whose population is more than 100,000, appoint any
other justice of the peace of the same or another county or a person from
the panel of substitute justices of the peace pursuant to NRS 4.032
to attend to his official duties.
(b) In counties whose population is 100,000 or less, appoint any
other justice of the peace of the same or another county or a person from
the panel of substitute justices of the peace pursuant to NRS 4.032
or obtain a judge of a municipal court
pursuant to NRS 4.345 , to attend to his
official duties.
Ê A temporary vacancy resulting from absence, disability or other cause
must not be filled by another justice of the peace or a substitute
justice of the peace for more than 30 days at any one time.
2. Whenever any justice of the peace, in consequence of having too
many or too lengthy matters before him, is prevented from timely
attention to his official duties, he may, with the consent of the board
of county commissioners, invite any other duly qualified justice of the
peace of the same or another county to attend to some or all of his
official duties, including those of registry agent, for no more than 30
days at any one time.
3. A justice of the peace from another county temporarily acting
in the place of another justice of the peace has no claim for services
rendered by him pursuant to this section against the county in which he
customarily serves. He is entitled to receive his necessary traveling
expenses from the county in which he is invited to serve, together with
any additional compensation authorized by the board of county
commissioners of that county.
[1:101:1881; A 1885, 20; 1913, 9; 1949, 141; 1943 NCL § 8473]—(NRS
A 1959, 43; 1979, 1367; 1983, 569; 1991, 14, 657)
In counties whose population
is 100,000 or less, if the justice of the peace is disqualified by reason
of being a party to or interested in a proceeding pending in the Justice
Court or of being related to the defendant, plaintiff or complaining
witness in the proceeding by consanguinity or affinity within the third
degree, or in any case of his sickness, absence or inability to act, and
if a substitute justice of the peace has not been obtained pursuant to
NRS 4.340 and a person has not been
appointed from the panel of substitute justices of the peace pursuant to
NRS 4.032 , a judge of a municipal court
of any city in the county may, on the written request of the chairman of
the board of county commissioners, serve in place of the justice of the
peace.
(Added to NRS by 1979, 461; A 1983, 901; 1991, 657)
1. Except as otherwise provided in subsection 5, the county clerk,
with the approval of the board of county commissioners and the justice of
the peace, may appoint a deputy clerk for the Justice Court. The
compensation of a clerk so appointed must be fixed by the board of county
commissioners.
2. The deputy clerk shall take the constitutional oath of office
and give bond in the sum of $2,000 for the faithful discharge of the
duties of the office, and in the same manner as is required of other
officers of the township and county. The county clerk is not personally
liable, on his official bond or otherwise, for the acts of a deputy clerk
appointed pursuant to this section.
3. The deputy clerk may, under the direct supervision of the
justice of the peace, administer oaths, take and certify affidavits and
acknowledgments, issue process, enter suits on the docket, and do all
clerical work in connection with the keeping of the records, files and
dockets of the court, and shall perform any other duties in connection
with the office as the justice of the peace prescribes.
4. Except as otherwise provided in subsection 5, where there is
more than one justice of the peace serving in any township, the county
clerk may, with the approval of the board of county commissioners and the
justices of the peace, appoint a second deputy who shall comply with the
requirements of subsection 2 and has the powers and duties prescribed in
subsection 3.
5. In a county whose population is 400,000 or more, the board of
county commissioners, with the approval of the justice of the peace, may
appoint a deputy clerk for a Justice Court. If there is more than one
justice of the peace serving in any township, the board, with the
approval of the justices of the peace, may appoint one or more additional
deputy clerks.
6. If no deputy clerk is appointed for a township, the justice of
the peace shall be deemed to be the clerk of the court and may appoint as
many deputy clerks for the Justice Court as he determines necessary.
[1:178:1941; 1931 NCL § 8475.10] + [1:164:1939; A 1943, 200; 1947,
607; 1949, 337; 1951, 173]—(NRS A 1959, 496; 1963, 287; 1965, 1221; 1985,
50; 1989, 1907; 1997, 4)
1. A justice of the peace in a township whose population is 40,000
or more may appoint a referee to take testimony and recommend orders and
a judgment:
(a) In any action filed pursuant to NRS 73.010 ;
(b) In any action filed pursuant to NRS 33.200 to 33.360 ,
inclusive;
(c) In any action for a misdemeanor constituting a violation of
chapter 484 of NRS, except NRS 484.379 ; or
(d) In any action for a misdemeanor constituting a violation of a
county traffic ordinance.
2. The referee must meet the qualifications of a justice of the
peace as set forth in subsections 1 and 2 of NRS 4.010 .
3. The referee:
(a) Shall take testimony;
(b) Shall make findings of fact, conclusions of law and
recommendations for an order or judgment;
(c) May, subject to confirmation by the justice of the peace, enter
an order or judgment; and
(d) Has any other power or duty contained in the order of reference
issued by the justice of the peace.
4. The findings of fact, conclusions of law and recommendations of
the referee must be furnished to each party or his attorney at the
conclusion of the proceeding or as soon thereafter as possible. Within 5
days after receipt of the findings of fact, conclusions of law and
recommendations, a party may file a written objection. If no objection is
filed, the court shall accept the findings, unless clearly erroneous, and
the judgment may be entered thereon. If an objection is filed within the
5-day period, the justice of the peace shall review the matter by trial
de novo, except that if all of the parties so stipulate, the review must
be confined to the record.
5. A referee must be paid one-half of the hourly compensation of a
justice of the peace.
(Added to NRS by 1989, 378; A 1991, 47; 2001, 2849 ; 2005, 160 )
The courts held by justices of the peace are denominated Justice Courts.
They shall have no terms, but shall always be open. Justice Courts shall
be held in their respective townships.
[Part 1911 CPA § 772; A 1913, 359; NCL § 9261]
1. A justice of the peace shall in the manner provided by law make
and file a claim against the county to reimburse him for moneys expended
for postage stamps and charges of the post office for registered or
certified mail incurred in connection with the duties prescribed in
chapter 73 of NRS and by rules of court for
small claims actions. The claims shall be acted upon by the board of
county commissioners in the same manner as other claims presented to the
board.
2. The board of county commissioners of every county shall furnish
to every justice of the peace in their county a reasonable supply of the
various blank forms required in small claims actions, and also all forms,
docket book and stationery necessary for the use of the justice in
complying with the provisions of chapter 73
of NRS and the rules of court.
[1911 CPA § 874m; added 1923, 260; R 1927, 297; added 1927, 297;
NCL § 9376] + [Part 1911 CPA § 874n; added 1923, 260; R 1927, 297; added
1927, 297; A 1951, 174]—(NRS A 1969, 95, 411)—(Substituted in revision
for NRS 4.380)
1. Except as otherwise provided in subsection 2, Justice Courts
have jurisdiction of the following civil actions and proceedings and no
others except as otherwise provided by specific statute:
(a) In actions arising on contract for the recovery of money only,
if the sum claimed, exclusive of interest, does not exceed $10,000.
(b) In actions for damages for injury to the person, or for taking,
detaining or injuring personal property, or for injury to real property
where no issue is raised by the verified answer of the defendant
involving the title to or boundaries of the real property, if the damage
claimed does not exceed $10,000.
(c) Except as otherwise provided in paragraph (l), in actions for a
fine, penalty or forfeiture not exceeding $10,000, given by statute or
the ordinance of a county, city or town, where no issue is raised by the
answer involving the legality of any tax, impost, assessment, toll or
municipal fine.
(d) In actions upon bonds or undertakings conditioned for the
payment of money, if the sum claimed does not exceed $10,000, though the
penalty may exceed that sum. Bail bonds and other undertakings posted in
criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if
the value of the property does not exceed $10,000.
(f) To take and enter judgment on the confession of a defendant,
when the amount confessed, exclusive of interest, does not exceed $10,000.
(g) Of actions for the possession of lands and tenements where the
relation of landlord and tenant exists, when damages claimed do not
exceed $10,000 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been
unlawfully or fraudulently obtained or withheld, when damages claimed do
not exceed $10,000 or when no damages are claimed.
(i) Of suits for the collection of taxes, where the amount of the
tax sued for does not exceed $10,000.
(j) Of actions for the enforcement of mechanics’ liens, where the
amount of the lien sought to be enforced, exclusive of interest, does not
exceed $10,000.
(k) Of actions for the enforcement of liens of owners of facilities
for storage, where the amount of the lien sought to be enforced,
exclusive of interest, does not exceed $10,000.
(l) In actions for a fine imposed for a violation of NRS 484.757
.
(m) Except as otherwise provided in this paragraph, in any action
for the issuance of a temporary or extended order for protection against
domestic violence. A Justice Court does not have jurisdiction in an
action for the issuance of a temporary or extended order for protection
against domestic violence:
(1) In a county whose population is more than 100,000 and
less than 400,000;
(2) In any township whose population is 100,000 or more
located within a county whose population is more than 400,000; or
(3) If a party to the action is a party in another action
pending in the district court in which such an order may be granted by
the district court.
(n) In an action for the issuance of a temporary or extended order
for protection against harassment in the workplace pursuant to NRS 33.200
to 33.360 , inclusive.
(o) In small claims actions under the provisions of chapter 73
of NRS.
(p) In actions to contest the validity of liens on mobile homes or
manufactured homes.
(q) In any action pursuant to NRS 200.591 for the issuance of a protective order against
a person alleged to be committing the crime of stalking, aggravated
stalking or harassment.
(r) In actions transferred from the district court pursuant to NRS
3.221 .
(s) In any action for the issuance of a temporary or extended order
pursuant to NRS 33.400 .
2. The jurisdiction conferred by this section does not extend to
civil actions, other than for forcible entry or detainer, in which the
title of real property or mining claims or questions affecting the
boundaries of land are involved.
3. Justice Courts have jurisdiction of all misdemeanors and no
other criminal offenses except as otherwise provided by specific statute.
Upon approval of the district court, a Justice Court may transfer
original jurisdiction of a misdemeanor to the district court for the
purpose of assigning an offender to a program established pursuant to NRS
176A.250 .
4. Except as otherwise provided in subsections 5 and 6, in
criminal cases the jurisdiction of justices of the peace extends to the
limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada
Highway Patrol, the jurisdiction of the justices of the peace extends to
the limits of their respective counties and to the limits of all counties
which have common boundaries with their respective counties.
6. Each Justice Court has jurisdiction of any violation of a
regulation governing vehicular traffic on an airport within the township
in which the court is established.
[Part 1911 CPA § 772; A 1913, 359; NCL § 9261] + [31:19:1865; B §
936; BH § 2450; C § 2531; RL § 4851; NCL § 8393] + [1911 Cr. Prac. § 620;
RL § 7470; NCL § 11267]—(NRS A 1961, 423; 1963, 882; 1979, 1650, 1724;
1981, 10, 173, 469, 728; 1985, 1621, 1970, 2287; 1987, 103; 1989, 13;
1991, 325, 1722, 2176; 1993, 512, 602, 1380; 1995, 565; 2001, 2849 ; 2001 Special Session, 256 ; 2003, 312 , 319 , 419 , 808 , 849 ; 2005, 506 )
If an action is transferred from the
district court to the Justice Court pursuant to NRS 3.221 :
1. The transfer of the action shall not be deemed to constitute
the filing of a new action in the Justice Court, and a party to the
action may not be required to pay a new filing fee to the Justice Court
as the result of the transfer of the action; and
2. The transfer of the action must not be construed to affect any
period of limitation concerning the filing of the action.
(Added to NRS by 2003, 419 )
If the county in which a Justice Court is situated does not have a
department of alternative sentencing, the Justice Court may contract with
a qualified person to administer a program of supervision for persons
whose sentences have been suspended pursuant to NRS 4.373 or who are sentenced to a term of residential
confinement pursuant to NRS 4.3762 . If
the county in which the Justice Court is situated has a department of
alternative sentencing, the chief of that department shall administer the
program of supervision.
(Added to NRS by 1987, 2231; A 1995, 873)—(Substituted in revision
for NRS 4.3768)
1. Except as otherwise provided in subsection 2, NRS 211A.127
or another specific statute, or
unless the suspension of a sentence is expressly forbidden, a justice of
the peace may suspend, for not more than 2 years, the sentence of a
person convicted of a misdemeanor. If the circumstances warrant, the
justice of the peace may order as a condition of suspension that the
offender:
(a) Make restitution to the owner of any property that is lost,
damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of community service, for not more than 200
hours;
(c) Actively participate in a program of professional counseling at
the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity;
(f) Engage or refrain from engaging in any other conduct deemed
appropriate by the justice of the peace;
(g) Submit to a search and seizure by the chief of a department of
alternative sentencing, an assistant alternative sentencing officer or
any other law enforcement officer at any time of the day or night without
a search warrant; and
(h) Submit to periodic tests to determine whether the offender is
using a controlled substance or consuming alcohol.
2. If a person is convicted of a misdemeanor that constitutes
domestic violence pursuant to NRS 33.018 , the justice of the peace may, after the
person has served any mandatory minimum period of confinement, suspend
the remainder of the sentence of the person for not more than 3 years
upon the condition that the person actively participate in:
(a) A program of treatment for the abuse of alcohol or drugs which
is certified by the Health Division of the Department of Health and Human
Services;
(b) A program for the treatment of persons who commit domestic
violence that has been certified pursuant to NRS 228.470 ; or
(c) The programs set forth in paragraphs (a) and (b),
Ê and that he comply with any other condition of suspension ordered by
the justice of the peace.
3. The justice of the peace may order reports from a person whose
sentence is suspended at such times as he deems appropriate concerning
the compliance of the offender with the conditions of suspension. If the
offender complies with the conditions of suspension to the satisfaction
of the justice of the peace, the sentence may be reduced to not less than
the minimum period of confinement established for the offense.
4. The justice of the peace may issue a warrant for the arrest of
an offender who violates or fails to fulfill a condition of suspension.
(Added to NRS by 1987, 1134; A 1989, 198; 1997, 34, 1475, 1804;
1999, 486 , 1381 , 1876 ; 2001, 87 , 428 ; 2001 Special Session, 121 ; 2005, 65 )
As
part of the sentence for a violation of NRS 205.300 , a justice of the peace may order that the
person convicted of the offense make restitution to the owner of the
property embezzled, at the times and in the amounts specified in the
order.
(Added to NRS by 1985, 979)
NRS 4.3755 Restitution paid by defendant convicted of misdemeanor:
Collection; disbursement.
1. If a justice of the peace orders a defendant who is convicted
of a misdemeanor to make restitution to a person named in the order, the
Justice Court or the county in which the Justice Court is located shall
collect the restitution paid by the defendant.
2. All money for restitution collected by a Justice Court or
county pursuant to subsection 1 must be paid to the person named in the
order in the manner set forth in the order.
3. If a Justice Court or county that has collected money for
restitution pursuant to subsection 1 cannot, after a good faith effort,
locate the person named in the order, it shall deposit the money in a
fund for the compensation of victims of crime created by the office of
the district attorney of the county in which the court is located.
(Added to NRS by 1999, 120 )
RESIDENTIAL CONFINEMENT
As used in NRS 4.376
to 4.3766 , inclusive, “residential confinement” means
the confinement of a person convicted of a misdemeanor to his place of
residence under the terms and conditions established by the sentencing
court.
(Added to NRS by 1987, 2230)
1. Except as otherwise provided in subsection 7, in lieu of
imposing any punishment other than a minimum sentence required by
statute, a justice of the peace may sentence a person convicted of a
misdemeanor to a term of residential confinement. In making this
determination, the justice of the peace shall consider the criminal
record of the convicted person and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential
confinement, the justice of the peace shall:
(a) Require the convicted person to be confined to his residence
during the time he is away from his employment, public service or other
activity authorized by the justice of the peace; and
(b) Require intensive supervision of the convicted person,
including, without limitation, electronic surveillance and unannounced
visits to his residence or other locations where he is expected to be to
determine whether he is complying with the terms of his sentence.
3. In sentencing a convicted person to a term of residential
confinement, the justice of the peace may, when the circumstances
warrant, require the convicted person to submit to:
(a) A search and seizure by the chief of a department of
alternative sentencing, an assistant alternative sentencing officer or
any other law enforcement officer at any time of the day or night without
a search warrant; and
(b) Periodic tests to determine whether the offender is using a
controlled substance or consuming alcohol.
4. Except as otherwise provided in subsection 5, an electronic
device may be used to supervise a convicted person sentenced to a term of
residential confinement. The device must be minimally intrusive and
limited in capability to recording or transmitting information concerning
the presence of the person at his residence, including, but not limited
to, the transmission of still visual images which do not concern the
activities of the person while inside his residence. A device which is
capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the activities of the person while
inside his residence,
Ê must not be used.
5. An electronic device must be used in the manner set forth in
subsection 4 to supervise a person who is sentenced pursuant to paragraph
(b) of subsection 1 of NRS 484.3792 for a second violation within 7 years of driving under the
influence of intoxicating liquor or a controlled substance.
6. A term of residential confinement, together with the term of
any minimum sentence required by statute, may not exceed the maximum
sentence which otherwise could have been imposed for the offense.
7. The justice of the peace shall not sentence a person convicted
of committing a battery which constitutes domestic violence pursuant to
NRS 33.018 to a term of residential
confinement in lieu of imprisonment unless the justice of the peace makes
a finding that the person is not likely to pose a threat to the victim of
the battery.
8. The justice of the peace may issue a warrant for the arrest of
a convicted person who violates or fails to fulfill a condition of
residential confinement.
(Added to NRS by 1987, 2230; A 1991, 56, 1725; 1993, 1500; 1997,
1476, 1805, 3360; 1999, 669 , 675 , 2141 )
1. In sentencing a person to a term of residential confinement, a
justice of the peace may establish the terms and conditions of that
confinement.
2. The justice of the peace may, at any time, modify the terms and
conditions of the residential confinement.
3. The justice of the peace shall cause a copy of his order to be
delivered to the convicted person and the local law enforcement agency.
(Added to NRS by 1987, 2230)
If it is determined
that the convicted person violated any term or condition of his
residential confinement, the sentence may be rescinded, modified or
continued. If it is rescinded, another punishment authorized by law must
be imposed.
(Added to NRS by 1987, 2231)
SOUND RECORDING
Proceedings in each
Justice Court must be recorded by using sound recording equipment except
where the board of county commissioners of the county in which the court
is located authorizes, and the justice of the peace appoints, a certified
court reporter to take down the proceedings in the same manner and with
the same effect as in a district court.
(Added to NRS by 1979, 1511; A 1993, 1410)
1. Each justice of the peace shall appoint and, with the approval
of the board of county commissioners, fix the compensation of a suitable
person, who need not be a certified court reporter and may have other
responsibilities in the court to operate the sound recording equipment.
The person so appointed shall subscribe to an oath that he will so
operate it as to record all of the proceedings.
2. The justice of the peace may designate the same or another
person to transcribe the recording into a written transcript. The person
so designated shall subscribe to an oath that he has correctly
transcribed it. The transcript may be used for all purposes for which
transcripts are used and is subject to correction in the same manner as
other transcripts.
(Added to NRS by 1979, 1511; A 1993, 1410)
1. If the person designated to transcribe the proceedings is:
(a) Regularly employed as a public employee, he is not entitled to
additional compensation for preparing the transcript.
(b) Not regularly employed as a public employee and not a certified
court reporter, he is entitled to such compensation for preparing the
transcript as the board of county commissioners determines.
(c) A certified court reporter, he is entitled to the same
compensation as set forth in NRS 3.370 .
2. The compensation for transcripts and copies must be paid by the
party ordering them. In a civil case, the preparation of the transcript
need not commence until the compensation has been deposited with the
deputy clerk of the court.
(Added to NRS by 1979, 1511; A 1985, 51; 1987, 910; 1993, 1410;
2005, 190 )
The sound recording of each
proceeding in Justice Court must be preserved until at least 30 days
after the time for filing an appeal expires. If no appeal is taken, the
justice of the peace may order the destruction of the recording at any
time after that date. If there is an appeal to the district court, the
sound recording must be preserved until at least 30 days after final
disposition of the case on appeal, but the justice of the peace may order
the destruction of the recording at any time after that date.
(Added to NRS by 1979, 1512)
