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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to courts; providing that trials and other proceedings in justices’ courts must be conducted without juries; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 4.370 is hereby amended to read as follows:

1-2 4.370 1. Except as [limited by] otherwise provided in subsection 2,

1-3 justices’ courts have jurisdiction of the following civil actions and

1-4 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 the

1-6 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 where

1-9 no issue is raised by the verified answer of the defendant involving the title

1-10 to or boundaries of the real property, if the damage claimed does not

1-11 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 the

1-14 ordinance of a county, city or town, where no issue is raised by the answer

1-15 involving the legality of any tax, impost, assessment, toll or municipal fine.

2-1 (d) In actions upon bonds or undertakings conditioned for the payment

2-2 of money, if the sum claimed does not exceed $7,500, though the penalty

2-3 may exceed that sum. Bail bonds and other undertakings posted in criminal

2-4 matters may be forfeited regardless of amount.

2-5 (e) In actions to recover the possession of personal property, if the value

2-6 of the property does not exceed $7,500.

2-7 (f) To take and enter judgment on the confession of a defendant, when

2-8 the amount confessed, exclusive of interest, does not exceed $7,500.

2-9 (g) Of actions for the possession of lands and tenements where the

2-10 relation of landlord and tenant exists, when damages claimed do not

2-11 exceed $7,500 or when no damages are claimed.

2-12 (h) Of actions when the possession of lands and tenements has been

2-13 unlawfully or fraudulently obtained or withheld, when damages claimed do

2-14 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 sued

2-16 for does not exceed $7,500.

2-17 (j) Of actions for the enforcement of mechanics’ liens, where the

2-18 amount of the lien sought to be enforced, exclusive of interest, does not

2-19 exceed $7,500.

2-20 (k) Of actions for the enforcement of liens of owners of facilities for

2-21 storage, where the amount of the lien sought to be enforced, exclusive of

2-22 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 population

2-25 is 100,000 or more, in any action for the issuance of a temporary or

2-26 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 or

2-29 manufactured homes.

2-30 (p) In any action pursuant to NRS 200.591 for the issuance of a

2-31 protective order against a person alleged to be committing the crime of

2-32 stalking, aggravated stalking or harassment.

2-33 2. The jurisdiction conferred by this section does not extend to civil

2-34 actions, other than for forcible entry or detainer, in which the title of real

2-35 property or mining claims or questions affecting the boundaries of land are

2-36 involved.

2-37 3. Justices’ courts have jurisdiction of all misdemeanors and no other

2-38 criminal offenses except as otherwise provided by specific statute.

2-39 4. Except as otherwise provided in subsections 5 and 6, in criminal

2-40 cases the jurisdiction of justices of the peace extends to the limits of their

2-41 respective counties.

3-1 5. In the case of any arrest made by a member of the Nevada highway

3-2 patrol, the jurisdiction of the justices of the peace extends to the limits of

3-3 their respective counties and to the limits of all counties which have

3-4 common boundaries with their respective counties.

3-5 6. Each justice’s court has jurisdiction of any violation of a regulation

3-6 governing vehicular traffic on an airport within the township in which the

3-7 court is established.

3-8 7. Actions commenced in justices’ courts pursuant to the

3-9 jurisdictional amounts set forth in this section, including, without

3-10 limitation, small claims actions commenced pursuant to the provisions of

3-11 chapter 73 of NRS, shall be deemed petty. The trial and other

3-12 proceedings in such cases must be conducted without a jury.

3-13 Sec. 2. This act becomes effective on July 1, 1999.

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