1. Assembly Bill No. 120–Committee on Judiciary

CHAPTER........

AN ACT relating to legal documents; providing for service of certain legal documents related

to criminal cases by means of a facsimile machine; and providing other matters

properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 178 of NRS is hereby amended by adding thereto

a new section to read as follows:

1. Except when personal service of a person is ordered by the court

or required by specific statute, a person who is represented by an attorney

may be lawfully served with any motion, notice or other legal document

by means of a facsimile machine if:

(a) The document is transmitted to the office of the attorney

representing the person; and

(b) The facsimile machine is operational and is maintained by the

attorney representing the person or the employer of that attorney.

2. In addition to any other document required by the court, a person

who uses a facsimile machine pursuant to subsection 1 to serve any

motion, notice or other legal document that is required to be filed with

the court shall attach to or include with the original document filed with

the court a copy of the confirmation report or other comparable evidence

of the transmittal of the legal document.

3. Service of any motion, notice or other legal document by facsimile

machine after 5 p.m. on the day that the document is transmitted shall be

deemed delivered on the next judicial day. The time of transmittal set

forth in this subsection is determined according to the time at the

location of the recipient of the legal document.

4. Service of any motion, notice or other legal document by facsimile

machine as authorized by this section is supplemental to and does not

affect the validity of any other manner of service authorized by law.

5. As used in this section:

(a) "Facsimile machine" means a device that sends or receives a

reproduction or facsimile of a document or photograph which is

transmitted electronically or telephonically by telecommunications lines.

(b) "Person" includes, without limitation, a government,

governmental agency or political subdivision of a government.

Sec. 2. NRS 178.584 is hereby amended to read as follows:

  1. 178.584 1. Whenever under this Title or by an order of the court

  1. service is required or permitted to be made upon a party represented by an

  1. attorney, the service [shall] must be made upon the attorney unless service

  1. upon the party himself is ordered by the court.
  2. 2. [Service] Except as otherwise provided in section 1 of this act,

  1. service upon the attorney or upon a party [shall] must be made in the

  1. manner provided in civil actions.

Sec. 3. NRS 178.588 is hereby amended to read as follows:

178.588 Papers required to be served [shall] must be filed with the

court. [Papers shall] Except as otherwise provided in section 1 of this act,

papers must be filed in the manner provided in civil actions.

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