Assembly Bill No. 624–Committee on Judiciary

(On Behalf of Administrative Office of the Courts)

March 19, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provision concerning procedure for awards of attorney’s fees in civil action. (BDR 2-852)

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 civil practice; removing a provision that specifies that an oral application or written motion for attorney’s fees does not affect a final judgment or the time for an appeal; 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 18.010 is hereby amended to read as follows:

1-2 18.010 1. The compensation of an attorney and counselor for his

1-3 services is governed by agreement, express or implied, which is not

1-4 restrained by law.

1-5 2. In addition to the cases where an allowance is authorized by specific

1-6 statute, the court may make an allowance of attorney’s fees to a prevailing

1-7 party:

1-8 (a) When he has not recovered more than $20,000; or

1-9 (b) Without regard to the recovery sought, when the court finds that the

1-10 claim, counterclaim, cross-claim or third-party complaint or defense of the

1-11 opposing party was brought without reasonable ground or to harass the

1-12 prevailing party.

1-13 3. In awarding attorney’s fees the court may pronounce its decision on

1-14 the fees at the conclusion of the trial or special proceeding without written

1-15 motion and with or without presentation of additional evidence.

2-1 4. [No oral application or written motion for attorney’s fees alters the

2-2 effect of a final judgment entered in the action or the time permitted for an

2-3 appeal therefrom.

2-4 5. Subsections 2, 3 and 4] Subsections 2 and 3 do not apply to any

2-5 action arising out of a written instrument or agreement which entitles the

2-6 prevailing party to an award of reasonable attorney’s fees.

2-7 Sec. 2. This act becomes effective upon passage and approval.

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