USA Statutes : nevada
Title : Title 19 - MISCELLANEOUS MATTERS RELATED TO GOVERNMENT AND PUBLIC AFFAIRS
Chapter : CHAPTER 239 - PUBLIC RECORDS
As used in this chapter, unless the
context otherwise requires:
1. “Actual cost” means the direct cost related to the reproduction
of a public record. The term does not include a cost that a governmental
entity incurs regardless of whether or not a person requests a copy of a
particular public record.
2. “Committee” means the Committee to Approve Schedules for the
Retention and Disposition of Official State Records.
3. “Division” means the Division of State Library and Archives of
the Department of Cultural Affairs.
4. “Governmental entity” means:
(a) An elected or appointed officer of this State or of a political
subdivision of this State;
(b) An institution, board, commission, bureau, council, department,
division, authority or other unit of government of this State or of a
political subdivision of this State;
(c) A university foundation, as defined in NRS 396.405 ; or
(d) An educational foundation, as defined in NRS 388.750 , to the extent that the foundation is dedicated to the
assistance of public schools.
(Added to NRS by 1977, 455; A 1979, 179; 1983, 1298; 1985, 126;
1993, 209, 1538; 1995, 511; 1997, 2385; 2001, 936 )
1. All public books and public records of a governmental entity,
the contents of which are not otherwise declared by law to be
confidential, must be open at all times during office hours to inspection
by any person, and may be fully copied or an abstract or memorandum may
be prepared from those public books and public records. Any such copies,
abstracts or memoranda may be used to supply the general public with
copies, abstracts or memoranda of the records or may be used in any other
way to the advantage of the governmental entity or of the general public.
This section does not supersede or in any manner affect the federal laws
governing copyrights or enlarge, diminish or affect in any other manner
the rights of a person in any written book or record which is copyrighted
pursuant to federal law.
2. A governmental entity may not reject a book or record which is
copyrighted solely because it is copyrighted.
3. A person may request a copy of a public record in any medium in
which the public record is readily available. An officer, employee or
agent of a governmental entity who has custody of a public record shall
not refuse to provide a copy of that public record in a readily available
medium because he has already prepared or would prefer to provide the
copy in a different medium.
[1:149:1911; RL § 3232; NCL § 5620]—(NRS A 1963, 26; 1965, 69;
1993, 1230, 2307, 2623; 1995, 503, 716; 1997, 2386; 1999, 1210 )
1. Records of a local governmental entity are confidential and not
public books or records within the meaning of NRS 239.010 if:
(a) The records contain the name, address, telephone number or
other identifying information of a natural person; and
(b) The natural person whose name, address, telephone number or
other identifying information is contained in the records provided such
information to the local governmental entity for the purpose of:
(1) Registering with or applying to the local governmental
entity for the use of any recreational facility or portion thereof that
the local governmental entity offers for use through the acceptance of
reservations; or
(2) On his own behalf or on behalf of a minor child,
registering or enrolling with or applying to the local governmental
entity for participation in an instructional or recreational activity or
event conducted, operated or sponsored by the local governmental entity.
2. The records described in subsection 1 must be disclosed by a
local governmental entity only pursuant to:
(a) A subpoena or court order, lawfully issued, requiring the
disclosure of such records;
(b) An affidavit of an attorney setting forth that the disclosure
of such records is relevant to an investigation in anticipation of
litigation; or
(c) A request by a reporter or editorial employee for the
disclosure of such records, if the reporter or editorial employee is
employed by or affiliated with a newspaper, press association or
commercially operated, federally licensed radio or television station.
3. Except as otherwise provided by specific statute or federal
law, a natural person shall not provide, and a local governmental entity
shall not require, the social security number of any natural person for
the purposes described in subparagraphs (1) and (2) of paragraph (b) of
subsection 1.
4. As used in this section, unless the context otherwise requires,
“local governmental entity” has the meaning ascribed to it in NRS 239.121
.
(Added to NRS by 2005, 1040 )
If a request for inspection or copying
of a public book or record open to inspection and copying is denied, the
requester may apply to the district court in the county in which the book
or record is located for an order permitting him to inspect or copy it.
The court shall give this matter priority over other civil matters to
which priority is not given by other statutes. If the requester prevails,
he is entitled to recover his costs and reasonable attorney’s fees in the
proceeding from the governmental entity whose officer has custody of the
book or record.
(Added to NRS by 1993, 1230; A 1997, 2386)
A public officer or employee who acts in good
faith in disclosing or refusing to disclose information and his employer
are immune from liability for damages, either to the requester or to the
person whom the information concerns.
(Added to NRS by 1993, 1230)
Any records of a public library or other
library which contain the identity of a user and the books, documents,
films, recordings or other property of the library which he used are
confidential and not public books or records within the meaning of NRS
239.010 . Such records may be disclosed
only in response to an order issued by a court upon a finding that the
disclosure of such records is necessary to protect the public safety or
to prosecute a crime.
(Added to NRS by 1981, 182)
1. A custodian of records may remove books of records, maps,
charts, surveys and other papers for storage in an appropriate facility
if he believes that the removal of such records is necessary for their
protection or permanent preservation, or he may arrange for their
transfer to another location for duplication or reproduction.
2. If a county recorder receives a request for a particular item
which has been stored pursuant to subsection 1, he shall produce a
microfilmed copy of such item or the original within 3 working days.
(Added to NRS by 1975, 748)
Whenever a copy of any
public record is required by the Department of Veterans Affairs to be
used in determining the eligibility of any person to participate in
benefits made available by the Department of Veterans Affairs, the
official charged with the custody of such public record shall, without
charge, provide the applicant for the benefit or any person acting on his
behalf or the representative of the Department of Veterans Affairs with a
certified copy or copies of such records.
[1:30:1947; 1943 NCL § 6879.15]—(NRS A 1995, 1083)
Every officer having custody of public records, the contents of which
are not declared by law to be confidential, shall furnish copies
certified to be correct to any person who requests them and pays or
tenders such fees as may be prescribed for the service of copying and
certifying.
[1:73:1909; RL § 2045; NCL § 2976]—(NRS A 1973, 353)
REPRODUCTION OF RECORDS
1. Unless destruction of a particular record without reproduction
is authorized by a schedule adopted pursuant to NRS 239.080 or 239.125 ,
any custodian of public records in this State may destroy documents,
instruments, papers, books and any other records or writings in his
custody only if those records or writings have been placed on
microphotographic film or if the information they contain has been
entered into a computer system which permits the retrieval and
reproduction of that information. A reproduction of that film or that
information shall be deemed to be the original.
2. Microphotographs made pursuant to this section must be made on
film which complies with minimum standards of quality approved by the
American National Standards Institute.
3. The custodian of the records or writings shall:
(a) Promptly store at least one copy of the microphotographic film
or the tape, disc or other medium used for the storage of that
information by the computer in such a manner and place as to protect it
reasonably from loss or damage; and
(b) Maintain for the use of authorized persons a copy of a
reproduction of the film or the information stored by the computer.
(Added to NRS by 1981, 601)
1. Except as otherwise provided in this subsection, a governmental
entity may charge a fee for providing a copy of a public record. Such a
fee must not exceed the actual cost to the governmental entity to provide
the copy of the public record unless a specific statute or regulation
sets a fee that the governmental entity must charge for the copy. A
governmental entity shall not charge a fee for providing a copy of a
public record if a specific statute or regulation requires the
governmental entity to provide the copy without charge.
2. A governmental entity may waive all or a portion of a charge or
fee for a copy of a public record if the governmental entity:
(a) Adopts a written policy to waive all or a portion of a charge
or fee for a copy of a public record; and
(b) Posts, in a conspicuous place at each office in which the
governmental entity provides copies of public records, a legible sign or
notice that states the terms of the policy.
3. A governmental entity shall prepare and maintain a list of the
fees that it charges at each office in which the governmental entity
provides copies of public records. A governmental entity shall post, in a
conspicuous place at each office in which the governmental entity
provides copies of public records, a legible sign or notice which states:
(a) The fee that the governmental entity charges to provide a copy
of a public record; or
(b) The location at which a list of each fee that the governmental
entity charges to provide a copy of a public record may be obtained.
(Added to NRS by 1997, 2384)
1. If a person requests a copy of a transcript of an
administrative proceeding that has been transcribed by a certified court
reporter, a governmental entity shall charge, in addition to the actual
cost of the medium in which the copy of the transcript is provided, a fee
for each page provided which is equal in amount to the fee per page
charged by the court reporter for the copy of the transcript, as set
forth in the contract between the governmental entity and the court
reporter. For each page provided, the governmental entity shall remit to
the court reporter who transcribed the proceeding an amount equal to the
fee per page set forth in the contract between the governmental entity
and the court reporter.
2. The governmental entity shall post, in a conspicuous place at
each office in which the governmental entity provides copies of public
records, a legible sign or notice which states that, in addition to the
actual cost of the medium in which the copy of the transcript is
provided, the fee charged for a copy of each page of the transcript is
the fee per page set forth in the contract between the governmental
entity and the court reporter.
(Added to NRS by 1997, 2385)
1. A fee for the provision of information from a geographic
information system may include, in addition to the actual cost of the
medium in which the information is provided, the reasonable costs related
to:
(a) The gathering and entry of data into the system;
(b) Maintenance and updating of the database of the system;
(c) Hardware;
(d) Software;
(e) Quality control; and
(f) Consultation with personnel of the governmental entity.
2. As used in this section, “geographic information system” means
a system of hardware, software and data files on which spatially oriented
geographical information is digitally collected, stored, managed,
manipulated, analyzed and displayed.
(Added to NRS by 1997, 2385)
1. Except as otherwise provided in NRS 239.054 regarding information provided from a
geographic information system, if a request for a copy of a public record
would require a governmental entity to make extraordinary use of its
personnel or technological resources, the governmental entity may, in
addition to any other fee authorized pursuant to this chapter, charge a
fee for such extraordinary use. Upon receiving such a request, the
governmental entity shall inform the requester of the amount of the fee
before preparing the requested information. The fee charged by the
governmental entity must be reasonable and must be based on the cost that
the governmental entity actually incurs for the extraordinary use of its
personnel or technological resources. The governmental entity shall not
charge such a fee if the governmental entity is not required to make
extraordinary use of its personnel or technological resources to fulfill
additional requests for the same information.
2. As used in this section, “technological resources” means any
information, information system or information service acquired,
developed, operated, maintained or otherwise used by a governmental
entity.
(Added to NRS by 1997, 2384)
1. In lieu of or in addition to the method of recording required
or allowed by statute, the county recorder may use microfilm for such
recording.
2. The Division shall provide microfilming service to any local
government. The charge for the service must not exceed the actual cost.
3. If microfilming is used:
(a) The microphotographs or micronegative films must be properly
indexed and placed in conveniently accessible files.
(b) Each film must be designated and numbered.
(c) Provision must be made for preserving, examining and using the
films.
4. A duplicate of each such film must be made and kept safely in a
separate place.
5. Duplicates of each such film must be made available by the
county recorder for sale at a price not exceeding cost upon the request
of any person, firm or organization. Subject to the approval of the board
of county commissioners, the county recorder may, at any time, make
additional duplicates of each such film available for sale to the public
at a price not exceeding cost.
6. The Division shall provide services for recording other than
microfilming to any local government if the Division has the equipment
necessary to provide the services. The services provided are subject to
the requirements of this section relating to microfilming.
[3:135:1953]—(NRS A 1961, 393; 1973, 319; 1977, 456; 1979, 179;
1983, 1298; 1985, 464, 1689; 1993, 1538; 1997, 19; 2005, 1086 )
DISPOSAL OF OBSOLETE RECORDS
1. The Committee to Approve Schedules for the Retention and
Disposition of Official State Records, consisting of six members, is
hereby created.
2. The Committee consists of:
(a) The Secretary of State;
(b) The Attorney General;
(c) The Director of the Department of Administration;
(d) The State Library and Archives Administrator;
(e) The Director of the Department of Information Technology; and
(f) One member who is a representative of the general public
appointed by the Governor.
Ê All members of the Committee, except the representative of the general
public, are ex officio members of the Committee.
3. The Secretary of State or a person designated by him shall
serve as Chairman of the Committee. The State Library and Archives
Administrator shall serve as Secretary of the Committee and prepare and
maintain the records of the Committee.
4. The Committee shall meet at least quarterly and may meet upon
the call of the Chairman.
5. An ex officio member of the Committee may designate a person to
represent him at any meeting of the Committee. The person designated may
exercise all the duties, rights and privileges of the member he
represents.
6. The Committee may adopt rules and regulations for its
management.
(Added to NRS by 1993, 208; A 1995, 510; 1997, 3088, 3154; 1999,
642 )
The Committee shall:
1. Review and approve or disapprove the schedules for the
retention and disposition of the official state records of each agency,
board and commission which is required to develop those schedules
pursuant to NRS 239.080 .
2. Advise the Division concerning the development and use of
schedules for the retention and disposition of official state records.
(Added to NRS by 1993, 209)
1. An official state record may be disposed of only in accordance
with a schedule for retention and disposition which is approved by the
Committee.
2. In cooperation with the Division, each agency, board and
commission shall develop a schedule for the retention and disposition of
each type of official state record.
3. The Division shall submit the schedules described in subsection
2 to the Committee for final approval.
4. As used in this section, “official state record” includes,
without limitation, any:
(a) Papers, unpublished books, maps and photographs;
(b) Information stored on magnetic tape or computer, laser or
optical disc;
(c) Materials which are capable of being read by a machine,
including microforms and audio and visual materials; and
(d) Materials which are made or received by a state agency and
preserved by that agency or its successor as evidence of the
organization, operation, policy or any other activity of that agency or
because of the information contained in the material.
[Part 1:38:1937; 1931 NCL § 7278.11] + [2:38:1937; 1931 NCL §
7278.12]—(NRS A 1957, 66; 1963, 576; 1967, 1270; 1973, 342, 1478; 1979,
1789; 1983, 1298; 1993, 209)
1. The Director of the Department of Transportation shall, in
cooperation with the Division, develop a schedule for the retention and
disposition of each type of official state record in the care, custody
and control of the Department of Transportation.
2. A record which has historical or permanent value must be
preserved permanently by the Department of Transportation or submitted to
the State Library and Archives Administrator for preservation in the
archives.
3. The Department of Transportation shall keep a record showing
when any official state record mentioned in subsection 1 was destroyed,
and the kind and nature of it.
(Added to NRS by 1963, 575; A 1967, 1270; 1979, 180, 1789; 1983,
1299; 1997, 3155)
1. Subject to the provisions of subsection 2, a state official
may, with the prior approval of the State Library and Archives
Administrator, submit any obsolete official books, documents, original
papers, newspaper files, printed books or other records not in current
use in his office to the Division.
2. A state officer shall first obtain the consent and approval of
the Governor. Any other state official shall obtain the consent of the
department head under which he operates.
3. The Division may return a submission or any part thereof, if
the submission has no historical or permanent value.
4. If the State Library and Archives Administrator finds that any
record so submitted has historical or permanent value and he accepts it
as an accession to the archives, the right to control and possession of
it vests in him, and the submitting official is not entitled to reclaim
it. If records are transferred to the Division by a state official only
for the purpose of having the records stored safely on his behalf, he has
constructive custody of the records and retains the right to control
access to them.
[1:67:1943; 1943 NCL § 4694]—(NRS A 1967, 1271; 1973, 323; 1977,
456; 1983, 1299; 1997, 3155)
1. The Clerk of the Supreme Court, a county clerk, deputy clerk of
a Justice Court or clerk of a municipal court may destroy all documents,
records, instruments, books, papers, depositions and transcripts in any
action or proceeding in the Supreme Court, district court, Justice Court
or municipal court, respectively, or otherwise filed in his office
pursuant to law, including transcripts of coroners’ inquests and
depositions, if the records of the Clerk do not show that the action or
proceeding is pending on appeal or review in any court, except that:
(a) If the written consent of the district attorney is first
obtained, transcripts of preliminary hearings may be destroyed as
provided in this section; and
(b) Minutes of the Supreme Court, district court, Justice Court or
municipal court, affidavits supporting applications for marriage
licenses, after those licenses have been issued, and certificates of
fictitious names of businesses may be destroyed immediately subject to
the provisions of subsections 2 and 3.
2. The Clerk shall maintain for the use of the public a
microphotographic film print or copy of each document, record,
instrument, book, paper, deposition or transcript so destroyed, if the
print or copy is placed and kept in a sealed container under certificate
of the Clerk and properly indexed. This print or copy shall be deemed to
be the original.
3. The Clerk shall promptly seal and store at least one original
negative of each microphotographic film in such manner and place as may
reasonably ensure its preservation indefinitely against loss, theft,
defacement or destruction.
4. The Supreme Court may provide by rule for the destruction,
without prior microfilming, of such other documents of the several courts
of this State as are held in the offices of the clerks but which:
(a) No longer serve any legal, financial or administrative purpose;
and
(b) Do not have any historical value.
5. The Court Administrator may request the Division to advise and
assist the Supreme Court in its establishment of the rules.
[1:108:1953]—(NRS A 1960, 112; 1977, 158; 1979, 297; 1981, 155,
240; 1983, 384; 1985, 53)
As used in
NRS 239.121 to 239.125 , inclusive:
1. “Custodian of records” means any person authorized to have the
care, custody and control of any documents, instruments, papers, books,
pamphlets or any other records or writings of a local governmental entity.
2. “Governing body” means the governing body of a local
governmental entity.
3. “Local governmental entity” means a county, an incorporated
city, an unincorporated town, a township, a school district or any other
public district or agency designed to perform local governmental
functions.
4. “Old records” means documents, instruments, papers, books,
pamphlets or any other records or writings of a local governmental entity
which are retained for any purpose by the local governmental entity
beyond the minimum period for retention established by the Division or
for 5 years or more, whichever is earlier.
(Added to NRS by 1973, 322; A 1975, 80; 1977, 456; 1983, 1300)
1. As an alternative to the destruction of old records, the
records, with the consent of the governing body and the State Library and
Archives Administrator, may be submitted to the Division.
2. The custodian of records shall maintain an accounting of all
old records disposed of pursuant to subsection 1, indicating the nature
or identity of the records as well as the date of submission to the
Division.
3. The Division may return the records so submitted, or any part
thereof, if they have no historical or permanent value.
4. Records so submitted may be reclaimed, in whole or in part, by
the local government if:
(a) The Division did not acquire title to them in an agreement
between the State Library and Archives Administrator and the local
government; and
(b) The local government serves written notice upon the Division of
its intention to reclaim the records and pays the cost of transportation
for the return.
(Added to NRS by 1973, 322; A 1973, 347; 1977, 457; 1979, 180;
1981, 602; 1983, 1300; 1997, 3155)
The procedures set forth in NRS 239.051 , 239.110 and
239.123 , and any procedure specifically
authorized by the special charter of an incorporated city, constitute the
procedures for disposition by a local governmental entity of any old
records which have been retained by the entity for any purpose. The
disposition thereof must not occur except in compliance with one of those
procedures.
(Added to NRS by 1973, 323; A 1981, 602; 1983, 1300)
1. A local governmental entity may establish a program for the
management of records, including the adoption of schedules for the
retention of records and procedures for microfilming, which must be
approved by the governing body and comply with the applicable provisions
of this chapter and any regulations adopted pursuant thereto.
2. The State Library and Archives Administrator shall adopt
regulations to carry out a program to establish and approve minimum
periods of retention for records of local governments. The proposed
regulations or any amendment thereto must be submitted to the local
government advisory committee, established pursuant to NRS 354.594 , for its advice and recommendations.
(Added to NRS by 1973, 323; A 1977, 457; 1979, 180; 1993, 170;
1997, 3156)
RESTORATION OF LOST OR DESTROYED RECORDS
1. Whenever the records, or any material part thereof, of any
county in this State have been lost or destroyed by fire or otherwise, or
shall hereafter be lost or destroyed by fire or otherwise, any map, plat,
deed, conveyance, contract, mortgage, deed of trust, power of attorney,
or other instrument in writing, of whatever nature or character, or
record in any proceeding authorized by law to be recorded, affecting the
title to real property or water rights in such county, which have been
heretofore recorded, or which may be hereafter recorded, may be
rerecorded in the proper office therefor.
2. In rerecording the same, the officer shall record the
certificate of the previous record with the date of original filing for
record shown by the official endorsement on such original instrument,
which shall be deemed and taken as the date of the recording of the
instrument to which it is attached.
3. Where the person desiring such record shall produce to the
recorder an affidavit showing that the original is lost or destroyed, or
that the same is not in his possession or control, a duly certified copy
of the original may be recorded in the same manner and with the same
force and effect as the original under this chapter.
4. Copies of records herein authorized to be made, duly certified,
shall have the same force and effect as evidence as certified copies of
the original instrument or record.
[1911 CPA § 688; RL § 5630; NCL § 9177]
1. In all cases where real property has been sold by a sheriff,
executor, administrator, guardian, assignee, receiver, trustee or other
person appointed or authorized by the court, and the record of the action
in which the sale had been made is lost or destroyed by fire or
otherwise, the deed to the property made by the sheriff, executor,
administrator, guardian, assignee, receiver, trustee or other person
appointed or authorized by the court shall be prima facie evidence of the
legality and regularity of the sale, and of the correctness of the
proceeding in the action or proceeding wherein the property was sold.
2. The deeds made by the treasurer of any county of lands sold at
delinquent or forfeited tax sales shall not be prima facie evidence of
the title in the purchasers of such lands, and no such presumption shall
be indulged in favor of such tax deeds or sales when the records of the
sales and the proceedings upon which the sale was based have been lost or
destroyed by fire or otherwise.
[1911 CPA § 689; RL § 5631; NCL § 9178]
1. Whenever the record and entry of any judgment, or the record of
any mechanic’s lien, mortgage or other encumbrance or lien upon property
is lost or destroyed by fire or otherwise, and the original documents or
instruments or certified copies thereof cannot be found, the judgment
creditor or his assignee and the person holding or entitled to the
mechanic’s lien, mortgage or other encumbrance or lien on property may,
as to such judgments, begin a proceeding in the court wherein the same
was rendered, and as to mortgages, mechanic’s liens or other encumbrances
or liens, begin a proceeding in any court having jurisdiction over such
property, to have established the fact of the existence, prior to the
loss or destruction, of the record of the judgment, mortgage, mechanic’s
lien or other encumbrance or lien, and the substance and effect thereof.
2. The decree in any such case shall be recorded in the records of
the same office in which the original judgment, mortgage, mechanic’s lien
or other encumbrance or lien was recorded or entered.
3. No judgment, mortgage, deed of trust, mechanic’s lien or other
encumbrance upon property, the record whereof has been lost or destroyed
as described in subsection 1:
(a) Shall continue to be a lien upon such property, or affect the
title thereto as against any purchaser for value or subsequent
lienholder, unless the action or proceeding to establish the existence of
such record, prior to the loss or destruction thereof shall be begun
within 6 months from and after such loss or destruction.
(b) Shall be held binding and in force or be executed or
foreclosed, unless the action or proceeding to reestablish the existence
of such judgment or instrument, prior to the destruction of the record
thereof, shall be begun within 1 year from and after such loss or
destruction.
[1911 CPA § 690; RL § 5632; NCL § 9179]
1. Whenever the record of any deed or other instrument affecting
the title to or concerning any interest in real property or water rights
in this state, which is authorized or required by law to be recorded, or
any will, or the probate thereof, is lost or destroyed by fire or
otherwise, and the original of the deed or will or the probate thereof,
or other instrument, or a certified copy thereof, cannot be found, any
person claiming title to such real property or water right or any
interest under the will may institute a proceeding in the district court
of the county in which the property so affected is situated, to establish
the fact of the existence, contents and record of the deed, will and
probate thereof, or other instrument, prior to such loss or destruction,
and the decree in the case shall be entered in the proper office of such
county.
2. Any person having or claiming an interest in the real property
or water right or being in possession and enjoyment thereof, as well as
the parties to the lost deed or other instrument, and their privies, and
all persons interested under the will, shall be made parties defendant in
such proceeding.
[1911 CPA § 691; RL § 5633; NCL § 9180]
1. The proceeding provided in NRS 239.160 for the restoration of lost records shall be
begun by filing a complaint in the court having jurisdiction thereof as
provided in this chapter, setting forth:
(a) The nature, character and substance of the instrument and
record thereof so lost or destroyed.
(b) The date of the loss or destruction as near as may be.
(c) The office in which the instrument was originally recorded,
with the date when the same was originally filed for record as near as
may be.
(d) That the restoration of such records is necessary to secure the
legal rights of the applicant, or of some other person for whose benefit
the application is made.
2. The complaint shall be verified in the manner provided for the
verification of pleadings in other civil actions.
3. Summons shall issue, and actual service thereof, or service by
publication, shall be made upon all persons interested in or affected by
the original instrument or record in the manner provided by law for the
commencement of civil actions; but the parties may waive the issuing or
service of summons and enter their appearance to such application.
4. Upon hearing the application without further pleadings, if the
court or judge finds that such instrument and the record thereof have
been lost or destroyed and that such instrument, record or certified copy
thereof cannot be found or produced by the applicant in the proceeding,
and the court or judge is enabled by the evidence produced to find the
substance of the instrument or record, an order and decree shall be made
setting forth the interest or record according to its substance and
effect, and requiring the proper officer to reproduce such record which
shall recite the substance and effect of the lost or destroyed record, or
part thereof, as found by the order and decree. Such record shall have
the same effect as the original record would have if the same had not
been lost or destroyed, so far as it concerns the rights of the
applicant, or person or parties so served with summons or entering their
appearance, or persons claiming under them by title acquired subsequently
to the filing of the application.
[1911 CPA § 692; RL § 5634; NCL § 9181]
Upon the
hearing of the application provided in NRS 239.170 , the court or judge may admit in evidence oral
testimony, and any complete or partial abstract of such lost or destroyed
instrument, record, docket entries or indexes, and any other written
evidence of the contents or effect of such instrument or record, or
published reports concerning such instrument or record when the court or
judge is of the opinion that such abstracts, writings and publications
were fairly and honestly made before the loss or destruction of such
instrument or record.
[1911 CPA § 693; RL § 5635; NCL § 9182]
The district court of any county in which the property is
situated which will be affected by proceedings to restore lost records,
as provided in this chapter, shall have jurisdiction of such proceedings.
[1911 CPA § 694; RL § 5636; NCL § 9183]
Whenever a county is segregated after the
loss or destruction of the public records thereof, or any part of such
records, and a portion of its territory is included in some new county
created by an act of the Legislature, all original instruments or duly
certified copies of such instruments mentioned in NRS 239.130 shall be recorded in the office of the county
recorder of the county in which the property affected thereby is situated
after such segregation, and all proceedings to restore lost records as
provided in this chapter, which are commenced after the creation of such
new county, shall be begun in the county in which the lands affected by
such records are then situated.
[1911 CPA § 695; RL § 5637; NCL § 9184]
Where any
judgment, mortgage, deed of trust, lien or the record thereof has been
restored under this chapter, such judgment, mortgage, deed of trust or
lien shall not continue to extend beyond the limitation prescribed by law
at the time the original judgment, mortgage, deed of trust or lien was
entered, recorded or created.
[1911 CPA § 696; RL § 5638; NCL § 9185]
Whenever the records or
any material part thereof of any county in this state have been lost or
destroyed by fire or otherwise, and any map, plat, deed or other
instrument in writing mentioned in NRS 239.130 , affecting the title to any real property or
water rights in any such county, shall have been rerecorded therein, or
where a duly certified copy of such instrument shall have been recorded
in such county, prior to January 1, 1912, the record so made is hereby
validated and given the same force and effect as records hereafter
restored in accordance with the provisions of NRS 239.130 .
[1911 CPA § 697; RL § 5639; NCL § 9186]
In all cases where the records of
any judgments, not affecting real property or water rights, which
judgments have not expired by limitation, or other records of any court
of either general or limited jurisdiction in this state, and all records
of proceedings taken by, or in behalf of any alien to become a citizen of
the United States in this state, have been lost or destroyed, the same
may be restored and replaced, and become the records of the courts, in
the manner prescribed in NRS 239.240 to
239.290 , inclusive.
[1911 CPA § 698; RL § 5640; NCL § 9187]
1. When any record of any court in this state, not affecting real
property or water rights, has been lost, destroyed or defaced, so that
its contents cannot be distinguished, the same may be restored by any
party interested, by making and filing an affidavit in the court whose
records it is proposed to restore.
2. The affidavit shall set forth:
(a) The nature of the action, demand or claim upon which the lost,
destroyed or defaced record was obtained.
(b) About the date of the discovery of its loss or destruction as
near as may be.
(c) That the restoration of the record or records is necessary to
secure the legal rights of the affiant, or of some other person, for
whose benefit the record or records are sought to be restored.
3. When the record sought to be restored is that of a judgment,
the affidavit shall set forth the amount and character of the judgment as
nearly as can be ascertained.
[1911 CPA § 699; RL § 5641; NCL § 9188]
1. Except in all cases of citizenship or naturalization where no
citation is required to issue, upon making and filing of the affidavits,
the court or the judge thereof shall thereupon issue a citation to all
parties interested, notifying them to appear and show cause why the
record referred to in the case should not be restored. The citation shall
state that the motion to restore the lost record is based upon affidavit
on file in the court.
2. If the hearing of the case is before the district court, 10
days’ notice shall be given to all parties interested. If the hearing is
before a Justice Court not less than 5 nor more than 10 days’ notice
shall be required.
[1911 CPA § 700; RL § 5642; NCL § 9189]
1. When parties upon whom citation is required to be served reside
outside of the county, but within the State, service shall be made in the
same manner as is prescribed by the Nevada Rules of Civil Procedure for
the service of summons in civil actions in this State, and upon a
citation issued from a Justice Court under this chapter, the service of
the same upon parties residing out of the county, but within the State,
shall be in the same manner as that required for the service of summons
in civil actions in the district courts.
2. Where the parties upon whom service is required to be made
reside out of this State, service shall be made by publication, in the
same manner as is required for service of summons in civil cases in the
courts of this State.
[1911 CPA § 701; RL § 5643; NCL § 9190]
1. In all cases the parties interested shall, upon motion, have an
opportunity of appearing and using counter-affidavits and contesting the
application.
2. If it appear to the court at the hearing that the record in the
case is lost, destroyed or defaced, and what its contents were, it may
then make, order or cause to be made, a new roll or record, corresponding
to the old one as near as can be done, and enter the same as of record in
the court.
3. The matter thus substituted will thenceforward be received in
all courts and given in all respects the same effect as though it were
the original record.
[1911 CPA § 702; RL § 5644; NCL § 9191]
Where any record of a judgment has been restored under this
chapter, the judgment shall not continue or extend beyond the limitation
prescribed by law at the time the original judgment so restored was
entered.
[1911 CPA § 703; RL § 5645; NCL § 9192]
The costs to be taxed upon an
application to restore a lost or destroyed record, as provided in this
chapter, shall be the same as are provided for like service in civil
actions, and may be adjudged against either or any party to such
proceeding or application, or may, in the discretion of the court, be
apportioned between such parties.
[1911 CPA § 704; RL § 5646; NCL § 9193]
PENALTIES
A person who:
1. Steals, embezzles, corrupts, alters, withdraws, falsifies or
avoids any record, process, charter, gift, grant, conveyance, bond or
contract;
2. Knowingly or willfully, takes off, discharges or conceals any
issue, forfeited recognizance or other forfeiture;
3. Forges, defaces or falsifies any document or instrument
recorded or filed in any court, or any registered acknowledgment or
certificate; or
4. Steals, alters, defaces or falsifies any minute, document, book
or any proceedings of or belonging to any public office within this state,
Ê is guilty of a category C felony and shall be punished as provided in
NRS 193.130 .
[Part 61:108:1866; B § 2659; BH § 1696; C § 1842; RL § 2817; NCL §
4817]—(NRS A 1967, 533; 1979, 1463; 1983, 266; 1995, 1263)
A person who willfully and unlawfully removes, alters,
mutilates, destroys, conceals or obliterates a record, map, book, paper,
document or other thing filed or deposited in a public office, or with
any public officer, by authority of law, is guilty of a category C felony
and shall be punished as provided in NRS 193.130 .
[1911 C&P § 79; RL § 6344; NCL § 10028]—(NRS A 1967, 533; 1979,
1463; 1995, 1263)
An officer who mutilates, destroys, conceals,
erases, obliterates or falsifies any record or paper appertaining to his
office, is guilty of a category C felony and shall be punished as
provided in NRS 193.130 .
[Part 1911 C&P § 80; RL § 6345; NCL § 10029]—(NRS A 1979, 1463;
1995, 1264)
A
person who knowingly procures or offers any false or forged instrument to
be filed, registered or recorded in any public office, which instrument,
if genuine, might be filed, registered or recorded in a public office
under any law of this State or of the United States, is guilty of a
category C felony and shall be punished as provided in NRS 193.130 .
[1911 C&P § 83; RL § 6348; NCL § 10032]—(NRS A 1967, 533; 1995,
1264)
