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).

1-1 Section 1. Chapter 3 of NRS is hereby amended by adding thereto the

1-2 provisions set forth as sections 2 to 7, inclusive, of this act.

1-3 Sec. 2. As used in this chapter, unless the context otherwise requires,

1-4 the words and terms defined in sections 3 to 6, inclusive, of this act have

1-5 the meanings ascribed to them in those sections.

1-6 Sec. 3. "Chief judge" means a district judge who is chosen as the

1-7 chief judge of a judicial district pursuant to NRS 3.025.

1-8 Sec. 4. "Department of the family court" means any department of

1-9 the district court that is designated as a department of the family court

1-10 pursuant to NRS 3.012 or 3.018.

2-1 Sec. 5. "Family court" and "family division" mean the division of

2-2 the district court that is established as a family court pursuant to NRS

2-3 3.0105.

2-4 Sec. 6. "Jurisdiction of the family court" means the jurisdiction of

2-5 the family court that is established in NRS 3.223.

2-6 Sec. 7. In each judicial district that includes a county whose

2-7 population is 100,000 or more:

2-8 1. The clerk of the district court shall develop an information form

2-9 for family court. The information form for family court must be:

2-10 (a) Approved by the chief judge; and

2-11 (b) Used to obtain the information described in subsection 2 from a

2-12 party who files the initial pleading in a case that involves a matter within

2-13 the jurisdiction of the family court.

2-14 2. A party may not file in the district court the initial pleading in a

2-15 case that involves a matter within the jurisdiction of the family court

2-16 unless, at the same time that the party files the initial pleading, the party

2-17 files an information form for family court which is signed by the party,

2-18 his attorney or other legal representative and which specifies:

2-19 (a) Whether the party is also a party in any other pending case or was

2-20 a party in any other previously decided case assigned to a department of

2-21 the family court in the judicial district;

2-22 (b) Whether any other party in the initial pleading is also a party in

2-23 any other pending case or was a party in any other previously decided

2-24 case assigned to a department of the family court in the judicial district;

2-25 (c) Whether a child involved in the case is also involved in any other

2-26 pending case or was involved in any other previously decided case

2-27 assigned to a department of the family court in the judicial district, other

2-28 than a case within the jurisdiction of the juvenile court pursuant to

2-29 chapter 62 of NRS; and

2-30 (d) Any other information that the chief judge determines must be

2-31 provided on the information form for family court, including, without

2-32 limitation, any other information concerning a case described in

2-33 paragraph (a), (b) or (c).

2-34 3. The chief judge and the clerk of the district court shall use the

2-35 information provided on the information form for family court to assign

2-36 cases to a department of the family court in accordance with subsection 3

2-37 of NRS 3.025.

2-38 Sec. 8. NRS 3.0105 is hereby amended to read as follows:

2-39 3.0105 1. There is hereby established, in each judicial district that

2-43 of the district, or the district judges by mutual consent in a district in which

3-1 there is no presiding judge,] chief judge may assign one or more district

3-2 judges of the judicial district to act temporarily as judges of the family

3-3 court.

3-4 3. If for any reason a judge of the family court is unable to act, any

3-5 other district judge of the judicial district may be assigned as provided in

3-6 subsection 2 to act temporarily as judge of the family court.

3-7 4. A district judge assigned to the family court pursuant to subsection 2

3-8 or 3 for a period of 90 or more days must attend the instruction required

3-9 pursuant to subsection 1 of NRS 3.028. [Judges] District judges must not

3-10 be assigned to the family court pursuant to subsections 2 and 3 on a rotating

3-11 basis.

3-12 Sec. 9. NRS 3.025 is hereby amended to read as follows:

3-13 3.025 1. [For the second and eighth judicial districts,] In each

3-43 determines that a different assignment is necessary because of

4-1 considerations related to the management of the caseload of the district

4-2 judges within the judicial district. If a case described in this subsection is

4-3 heard initially by a master, the recommendation, report or order of the

4-4 master must be submitted to the district judge of the department of the

4-5 family court to which the case has been assigned pursuant to this

4-6 subsection for consideration and decision by that district judge.

4-7 4. Not later than 15 days after the last day of each month, the chief

4-8 judge shall submit [a written report] to the clerk of the supreme court [each

4-9 month, showing:] a written report that shows:

4-10 (a) Those cases which are pending and undecided and to which judge

4-11 the cases have been assigned;

4-12 (b) The type and number of cases each judge considered during the

4-13 preceding month;

4-14 (c) The number of cases submitted to each judge during the preceding

4-15 month;

4-16 (d) The number of cases decided by each judge during the preceding

4-17 month; and

4-18 (e) The number of full judicial days in which each judge appeared in

4-19 court or in chambers in performance of his duties during the preceding

4-20 month.

4-21 Sec. 10. NRS 22.030 is hereby amended to read as follows:

4-22 22.030 1. [When] If a contempt is committed in the immediate view

4-43 this subsection do not apply in [any] :

5-1 (a) Any case where a final judgment or decree of the court is drawn in

5-2 question and such judgment or decree was entered in such court by a

5-3 predecessor judge thereof 10 years or more preceding the bringing of

5-4 contempt proceedings for the violation of the judgment or decree.

5-5 (b) Any proceeding described in subsection 1 of NRS 3.223, whether

5-6 or not a family court has been established in the judicial district.

5-7 Sec. 11. Chapter 125 of NRS is hereby amended by adding thereto a

5-8 new section to read as follows:

5-9 1. In any action for divorce, at any time more than 10 days before

5-10 trial, a party may petition the court to allow the party to serve upon the

5-11 opposing party a written offer to allow judgment concerning the property

5-12 rights of the parties to be taken in accordance with the terms and

5-13 conditions of the offer.

5-14 2. The court may allow a party to make an offer of judgment

5-15 pursuant to this section if the court finds that the offer of judgment is

5-16 likely to encourage cooperation and promote settlement or swift

5-17 resolution of the case. In determining whether to allow a party to make

5-18 an offer of judgment pursuant to this section, the court shall consider,

5-19 without limitation:

5-20 (a) Whether each party is represented by counsel;

5-21 (b) Whether the issues concerning the property rights of the parties

5-22 are conducive to an offer of judgment; and

5-23 (c) Whether the parties have conducted any discovery and, if not,

5-24 whether discovery is necessary before an offer of judgment is made.

5-25 3. If an offer of judgment made pursuant to this section is accepted

5-26 by the opposing party and approved by the court and a divorce is

5-27 granted:

5-28 (a) The court shall enter judgment concerning the property rights of

5-29 the parties in accordance with the terms and conditions of the offer; and

5-30 (b) The judgment of the court shall be deemed an agreement by the

5-31 parties settling their property rights.

5-32 4. If an offer of judgment made pursuant to this section is not

5-33 accepted by the opposing party before trial or within 10 days after it is

5-34 made, whichever occurs first, the offer shall be deemed rejected and

5-35 cannot be given in evidence upon the trial. The rejection of an offer of

5-36 judgment does not preclude either party from petitioning the court to

5-37 allow another offer of judgment to be made pursuant to this section.

5-38 5. If a party rejects an offer of judgment made pursuant to this

5-39 section and the court determines that the party rejected the offer in bad

5-40 faith, the court may award to the party who made the offer of judgment

5-41 any or all of the following costs and fees that are incurred by the party on

5-42 and after the date on which the offer is rejected:

6-1 (a) Taxable costs that are attributable to preparing for and conducting

6-2 the litigation concerning the property rights of the parties.

6-3 (b) Reasonable costs for each expert witness whose services are

6-4 reasonably necessary in preparing for and conducting the litigation

6-5 concerning the property rights of the parties.

6-6 (c) Reasonable attorney’s fees in preparing for and conducting the

6-7 litigation concerning the property rights of the parties.

6-8 6. The provisions of this section do not apply to any offer of

6-9 judgment by a party concerning the custody of a child, the support of a

6-10 child or the support of a spouse.

6-11 Sec. 12. The amendatory provisions of section 11 of this act apply to

6-12 all actions for divorce that are filed on or after October 1, 1999, and to all

6-13 actions for divorce that are pending on or after October 1, 1999, regardless

6-14 of when the action was filed.