Assembly Bill No. 118–Committee on Judiciary
(On Behalf of Administrative Office of the Courts)
February 4, 1999
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Referred to Committee on Judiciary
SUMMARY—Provides that trials and other proceedings in justices’ courts must be conducted without juries. (BDR 1-838)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 4.370 is hereby amended to read as follows:1-2
4.370 1. Except as1-3
justices’ courts have jurisdiction of the following civil actions and1-4
proceedings and no others except as otherwise provided by specific statute:1-5
(a) In actions arising on contract for the recovery of money only, if the1-6
sum claimed, exclusive of interest, does not exceed $7,500.1-7
(b) In actions for damages for injury to the person, or for taking,1-8
detaining or injuring personal property, or for injury to real property where1-9
no issue is raised by the verified answer of the defendant involving the title1-10
to or boundaries of the real property, if the damage claimed does not1-11
exceed $7,500.1-12
(c) Except as otherwise provided in paragraph (l) in actions for a fine,1-13
penalty or forfeiture not exceeding $7,500, given by statute or the1-14
ordinance of a county, city or town, where no issue is raised by the answer1-15
involving the legality of any tax, impost, assessment, toll or municipal fine.2-1
(d) In actions upon bonds or undertakings conditioned for the payment2-2
of money, if the sum claimed does not exceed $7,500, though the penalty2-3
may exceed that sum. Bail bonds and other undertakings posted in criminal2-4
matters may be forfeited regardless of amount.2-5
(e) In actions to recover the possession of personal property, if the value2-6
of the property does not exceed $7,500.2-7
(f) To take and enter judgment on the confession of a defendant, when2-8
the amount confessed, exclusive of interest, does not exceed $7,500.2-9
(g) Of actions for the possession of lands and tenements where the2-10
relation of landlord and tenant exists, when damages claimed do not2-11
exceed $7,500 or when no damages are claimed.2-12
(h) Of actions when the possession of lands and tenements has been2-13
unlawfully or fraudulently obtained or withheld, when damages claimed do2-14
not exceed $7,500 or when no damages are claimed.2-15
(i) Of suits for the collection of taxes, where the amount of the tax sued2-16
for does not exceed $7,500.2-17
(j) Of actions for the enforcement of mechanics’ liens, where the2-18
amount of the lien sought to be enforced, exclusive of interest, does not2-19
exceed $7,500.2-20
(k) Of actions for the enforcement of liens of owners of facilities for2-21
storage, where the amount of the lien sought to be enforced, exclusive of2-22
interest, does not exceed $7,500.2-23
(l) In actions for a fine imposed for a violation of NRS 484.757.2-24
(m) Except in a judicial district that includes a county whose population2-25
is 100,000 or more, in any action for the issuance of a temporary or2-26
extended order for protection against domestic violence.2-27
(n) In small claims actions under the provisions of chapter 73 of NRS.2-28
(o) In actions to contest the validity of liens on mobile homes or2-29
manufactured homes.2-30
(p) In any action pursuant to NRS 200.591 for the issuance of a2-31
protective order against a person alleged to be committing the crime of2-32
stalking, aggravated stalking or harassment.2-33
2. The jurisdiction conferred by this section does not extend to civil2-34
actions, other than for forcible entry or detainer, in which the title of real2-35
property or mining claims or questions affecting the boundaries of land are2-36
involved.2-37
3. Justices’ courts have jurisdiction of all misdemeanors and no other2-38
criminal offenses except as otherwise provided by specific statute.2-39
4. Except as otherwise provided in subsections 5 and 6, in criminal2-40
cases the jurisdiction of justices of the peace extends to the limits of their2-41
respective counties.3-1
5. In the case of any arrest made by a member of the Nevada highway3-2
patrol, the jurisdiction of the justices of the peace extends to the limits of3-3
their respective counties and to the limits of all counties which have3-4
common boundaries with their respective counties.3-5
6. Each justice’s court has jurisdiction of any violation of a regulation3-6
governing vehicular traffic on an airport within the township in which the3-7
court is established.3-8
7. Actions commenced in justices’ courts pursuant to the3-9
jurisdictional amounts set forth in this section, including, without3-10
limitation, small claims actions commenced pursuant to the provisions of3-11
chapter 73 of NRS, shall be deemed petty. The trial and other3-12
proceedings in such cases must be conducted without a jury.3-13
Sec. 2. This act becomes effective on July 1, 1999.~