Assembly Amendment to Assembly Bill No. 154 (BDR 1-874)
Proposed by: Committee on Judiciary
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend sec. 9, page 3, line 42, after "
district." by inserting:"
If a case described in this subsection is heard initially by a master, the recommendation, report or order of the master must be submitted to the district judge of the department of the family court to which the case has been assigned pursuant to this subsection for consideration and decision by that district judge.".Amend the bill as a whole by deleting sec. 11, renumbering sec. 10 as sec. 11 and adding a new section designated sec. 10, following sec. 9, to read as follows:
"Sec. 10. NRS 22.030 is hereby amended to read as follows:
(a) Recites
the facts(b) Finds
the person2. When the] the contempt; and
(c) Prescribes the punishment for the contempt.
2. If a contempt is not committed in the immediate view and presence of the court or judge at chambers, an affidavit [shall] must be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the masters or arbitrators.
3. [In all cases of contempt arising without] Except as otherwise provided in this subsection, if a contempt is not committed in the immediate view and presence of the court, the judge of [such] the court in whose contempt the [defendant] person is alleged to be shall not preside at [such] the trial of the contempt over the objection of the [defendant. This subsection shall not be construed or deemed to] person. The provisions of this subsection do not apply in [any] :
(a) Any case where a final judgment or decree of the court is drawn in question and such judgment or decree was entered in such court by a predecessor judge thereof 10 years or more preceding the bringing of contempt proceedings for the violation of the judgment or decree.
(b) Any proceeding described in subsection 1 of NRS 3.223, whether or not a family court has been established in the judicial district.
".Amend sec. 10, pages 4 and 5, by deleting lines 17 through 43 on page 4 and lines 1 through 12 on page 5, and inserting:
"1. In any action for divorce, at any time more than 10 days before trial, a party may petition the court to allow the party to serve upon the opposing party a written offer to allow judgment concerning the property rights of the parties to be taken in accordance with the terms and conditions of the offer.
2. The court may allow a party to make an offer of judgment pursuant to this section if the court finds that the offer of judgment is likely to encourage cooperation and promote settlement or swift resolution of the case. In determining whether to allow a party to make an offer of judgment pursuant to this section, the court shall consider, without limitation:
(a) Whether each party is represented by counsel;
(b) Whether the issues concerning the property rights of the parties are conducive to an offer of judgment; and
(c) Whether the parties have conducted any discovery and, if not, whether discovery is necessary before an offer of judgment is made.
3. If an offer of judgment made pursuant to this section is accepted by the opposing party and approved by the court and a divorce is granted:
(a) The court shall enter judgment concerning the property rights of the parties in accordance with the terms and conditions of the offer; and
(b) The judgment of the court shall be deemed an agreement by the parties settling their property rights.
4. If an offer of judgment made pursuant to this section is not accepted by the opposing party before trial or within 10 days after it is made, whichever occurs first, the offer shall be deemed rejected and cannot be given in evidence upon the trial. The rejection of an offer of judgment does not preclude either party from petitioning the court to allow another offer of judgment to be made pursuant to this section.
5. If a party rejects an offer of judgment made pursuant to this section and the court determines that the party rejected the offer in bad faith, the court may award to the party who made the offer of judgment any or all of the following costs and fees that are incurred by the party on and after the date on which the offer is rejected:
(a) Taxable costs that are attributable to preparing for and conducting the litigation concerning the property rights of the parties.
(b) Reasonable costs for each expert witness whose services are reasonably necessary in preparing for and conducting the litigation concerning the property rights of the parties.
(c) Reasonable attorney’s fees in preparing for and conducting the litigation concerning the property rights of the parties.
6. The provisions of this section do not apply to any offer of judgment by a party concerning the custody of a child, the support of a child or the support of a spouse.
".Amend sec. 12, page 7, line 31, by deleting:
"sections 10 and" and inserting "section".
Amend the title of the bill by deleting the fifth through seventh lines and inserting:
"information concerning other cases in family court; revising the provisions governing contempt in certain cases involving family law; allowing parties in divorce actions to make offers of judgment concerning property rights under certain circumstances; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY—Makes various changes concerning family law. (BDR 1-874)".