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:
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:
Sec. 3. NRS 178.588 is hereby amended to read as follows:
178.588 Papers required to be served
court.
papers must
be filed in the manner provided in civil actions.