Assembly Bill No. 120–Committee on Judiciary

(On Behalf of Attorney General)

February 4, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Provides for service of certain legal documents related to criminal cases by means of facsimile machine. (BDR 14-615)

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 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:

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

1-2 a new section to read as follows:

1-3 1. Except when personal service of a person is ordered by the court

1-4 or required by specific statute, a person who is represented by an attorney

1-5 may be lawfully served with any motion, notice or other legal document

1-6 by means of a facsimile machine if:

1-7 (a) The document is transmitted to the office of the attorney

1-8 representing the person; and

1-9 (b) The facsimile machine is operational and is maintained by the

1-10 attorney representing the person or the employer of that attorney.

1-11 2. In addition to any other document required by the court, a person

1-12 who uses a facsimile machine pursuant to subsection 1 to serve any

1-13 motion, notice or other legal document that is required to be filed with

1-14 the court shall attach to or include with the original document filed with

1-15 the court a copy of the confirmation report or other comparable evidence

1-16 of the transmittal of the legal document.

2-1 3. Service of any motion, notice or other legal document by facsimile

2-2 machine after 5 p.m. on the day that the document is transmitted shall be

2-3 deemed delivered on the next judicial day. The time of transmittal set

2-4 forth in this subsection is determined according to the time at the

2-5 location of the recipient of the legal document.

2-6 4. Service of any motion, notice or other legal document by facsimile

2-7 machine as authorized by this section is supplemental to and does not

2-8 affect the validity of any other manner of service authorized by law.

2-9 5. As used in this section:

2-10 (a) "Facsimile machine" means a device that sends or receives a

2-11 reproduction or facsimile of a document or photograph which is

2-12 transmitted electronically or telephonically by telecommunications lines.

2-13 (b) "Person" includes, without limitation, a government,

2-14 governmental agency or political subdivision of a government.

2-15 Sec. 2. NRS 178.584 is hereby amended to read as follows:

2-16 178.584 1. Whenever under this Title or by an order of the court

2-17 service is required or permitted to be made upon a party represented by an

2-18 attorney, the service [shall] must be made upon the attorney unless service

2-19 upon the party himself is ordered by the court.

2-20 2. [Service] Except as otherwise provided in section 1 of this act,

2-21 service upon the attorney or upon a party [shall] must be made in the

2-22 manner provided in civil actions.

2-23 Sec. 3. NRS 178.588 is hereby amended to read as follows:

2-24 178.588 Papers required to be served [shall] must be filed with the

2-25 court. [Papers shall] Except as otherwise provided in section 1 of this act,

2-26 papers must be filed in the manner provided in civil actions.

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