Assembly Bill No. 3–Joint Rules Committee
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 40 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the
context otherwise requires, the words and terms defined in sections 3
and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. “Complainant” means a person who makes a claim or files
an action against a design professional pursuant to NRS 40.600 to
40.695, inclusive, and sections 2 to 6, inclusive, of this act.
Sec. 4. “Design professional” means a person who holds a
professional license or certificate issued pursuant to chapter 623, 623A
or 625 of NRS.
Sec. 5. 1. Except as otherwise provided in subsection 2, in an
action governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6,
inclusive, of this act that is commenced against a design professional or
a person primarily engaged in the practice of professional engineering,
land surveying, architecture or landscape architecture, including,
without limitation, an action for professional negligence, the attorney
for the complainant shall file an affidavit with the court concurrently
with the service of the first pleading in the action stating that the
attorney:
(a) Has reviewed the facts of the case;
(b) Has consulted with an expert;
(c) Reasonably believes the expert who was consulted is
knowledgeable in the relevant discipline involved in the action; and
(d) Has concluded on the basis of his review and the consultation with
the expert that the action has a reasonable basis in law and fact.
2. The attorney for the complainant may file the affidavit required
pursuant to subsection 1 at a later time if he could not consult with an
expert and prepare the affidavit before filing the action without causing
the action to be impaired or barred by the statute of limitations or
repose, or other limitations prescribed by law. If the attorney must
submit the affidavit late, he shall file an affidavit concurrently with the
service of the first pleading in the action stating his reason for failing to
comply with subsection 1 and the attorney shall consult with an expert
and file the affidavit required pursuant to subsection 1 not later than 45
days after filing the action.
3. In addition to the statement included in the affidavit pursuant to
subsection 1, a report must be attached to the affidavit. Except as
otherwise provided in subsection 4, the report must be prepared by the
expert consulted by the attorney and include, without limitation:
(a) The resumé of the expert;
(b) A statement that the expert is experienced in each discipline which
is the subject of the report;
(c) A copy of each nonprivileged document reviewed by the expert in
preparing his report, including, without limitation, each record, report
and related document that the expert has determined is relevant to the
allegations of negligent conduct that are the basis for the action;
(d) The conclusions of the expert and the basis for the conclusions;
and
(e) A statement that the expert has concluded that there is a
reasonable basis for filing the action.
4. In an action brought by a claimant in which an affidavit is
required to be filed pursuant to subsection 1:
(a) The report required pursuant to subsection 3 is not required to
include the information set forth in paragraphs (c) and (d) of subsection
3 if the claimant or his attorney files an affidavit, at the time that the
affidavit is filed pursuant to subsection 1, stating that he made
reasonable efforts to obtain the nonprivileged documents described in
paragraph (c) of subsection 3, but was unable to obtain such documents
before filing the action;
(b) The claimant or his attorney shall amend the report required
pursuant to subsection 3 to include any documents and information
required pursuant to paragraph (c) or (d) of subsection 3 as soon as
reasonably practicable after receiving the document or information; and
(c) The court may dismiss the action if the claimant and his attorney
fail to comply with the requirements of paragraph (b).
5. An expert consulted by an attorney to prepare an affidavit
pursuant to this section must not be a party to the action.
6. As used in this section, “expert” means a person who is licensed in
a state to engage in the practice of professional engineering, land
surveying, architecture or landscape architecture.
Sec. 6. 1. The court shall dismiss an action governed by NRS
40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act that
is commenced against a design professional or a person primarily
engaged in the practice of professional engineering, land surveying,
architecture or landscape architecture, including, without limitation, an
action for professional negligence, if the attorney for the complainant
fails to:
(a) File an affidavit required pursuant to section 5 of this act;
(b) File a report required pursuant to subsection 3 of section 5 of this
act; or
(c) Name the expert consulted in the affidavit required pursuant to
subsection 1 of section 5 of this act.
2. The fact that an attorney for a complainant has complied or failed
to comply with the provisions of section 5 of this act is admissible in the
action.
Sec. 7. NRS 40.600 is hereby amended to read as follows:
40.600 As used in NRS 40.600 to 40.695, inclusive, and sections 2 to
6, inclusive, of this act, unless the context otherwise requires, the words
and terms defined in NRS 40.605 to 40.630, inclusive, have the meanings
ascribed to them in those sections.
Sec. 8. The amendatory provisions of this act do not apply to a claim
initiated or an action commenced pursuant to NRS 40.600 to 40.695,
inclusive, and sections 2 to 6, inclusive, of this act, unless the claim was
initiated or the action was commenced on or after October 1, 2001.
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