Senate Bill No. 30–Senator Amodei

Prefiled January 25, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Increases monetary limits relating to claims in justices’ courts. (BDR 1-1032)

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 justices’ courts; increasing the monetary limit of claims that are within the jurisdiction of justices’ courts; increasing the monetary limit of claims adjudicated in justices’ courts pursuant to the procedure for small claims; 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 4.060 is hereby amended to read as follows:

1-2 4.060 1. Except as otherwise provided in this section, each justice of

1-3 the peace shall charge and collect the following fees:

1-4 (a) On the commencement of any action or proceeding in the

1-5 justice’s court, other than in actions commenced pursuant to

1-6 chapter 73 of NRS, to be paid by the party commencing the

1-7 action:

1-8 If the sum claimed does not exceed $1,000 $28.00

1-9 If the sum claimed exceeds $1,000 but does not exceed

1-10 $2,500 50.00

1-11 If the sum claimed exceeds $2,500 but does not exceed

1-12 $4,500 100.00

1-13 If the sum claimed exceeds $4,500 but does not exceed

1-14 $6,500 125.00

1-15 If the sum claimed exceeds $6,500 but does not exceed

1-16 [$7,500] $10,000 150.00

1-17 In all other civil actions 28.00

1-18 (b) For the preparation and filing of an affidavit and order in

1-19 an action commenced pursuant to chapter 73 of NRS:

2-1 If the sum claimed does not exceed $1,000 25.00

2-2 If the sum claimed exceeds $1,000 but does not exceed

2-3 $2,500 45.00

2-4 If the sum claimed exceeds $2,500 but does not exceed

2-5 [$3,500] $5,000 65.00

2-6 (c) On the appearance of any defendant, or any number of

2-7 defendants answering jointly, to be paid him or them on filing

2-8 the first paper in the action, or at the time of appearance:

2-9 In all civil actions 12.00

2-10 For every additional defendant, appearing separately 6.00

2-11 (d) No fee may be charged where a defendant or defendants

2-12 appear in response to an affidavit and order issued pursuant to

2-13 the provisions of chapter 73 of NRS.

2-14 (e) For the filing of any paper in intervention 6.00

2-15 (f) For the issuance of any writ of attachment, writ of

2-16 garnishment, writ of execution, or any other writ designed to

2-17 enforce any judgment of the court 6.00

2-18 (g) For filing a notice of appeal, and appeal bonds 12.00

2-19 One charge only may be made if both papers are filed at the

2-20 same time.

2-21 (h) For issuing supersedeas to a writ designed to enforce a

2-22 judgment or order of the court 12.00

2-23 (i) For preparation and transmittal of transcript and papers on

2-24 appeal 12.00

2-25 (j) For celebrating a marriage and returning the certificate to

2-26 the county recorder 35.00

2-27 (k) For entering judgment by confession 6.00

2-28 (l) For preparing any copy of any record, proceeding or

2-29 paper, for each page .30

2-30 (m) For each certificate of the clerk, under the seal of the

2-31 court 3.00

2-32 (n) For searching records or files in his office, for each year 1.00

2-33 (o) For filing and acting upon each bail or property bond 40.00

2-34 2. A justice of the peace shall not charge or collect any of the fees set

2-35 forth in subsection 1 for any service rendered by him to the county in which

2-36 his township is located.

2-37 3. A justice of the peace shall not charge or collect the fee pursuant to

2-38 paragraph (j) of subsection 1 if he performs a marriage ceremony in a

2-39 commissioner township.

2-40 4. Except as otherwise provided by an ordinance adopted pursuant to

2-41 the provisions of NRS 244.207, the justice of the peace shall, on or before

2-42 the fifth day of each month, account for and pay to the county treasurer all

2-43 fees collected during the preceding month, except for the fees he may retain

3-1 as compensation and the fees he is required to pay to the state treasurer

3-2 pursuant to subsection 5.

3-3 5. The justice of the peace shall, on or before the fifth day of each

3-4 month, pay to the state treasurer half of the fees collected pursuant to

3-5 paragraph (o) of subsection 1 during the preceding month. The state

3-6 treasurer shall deposit the money in the fund for the compensation of

3-7 victims of crime.

3-8 Sec. 2. NRS 4.370 is hereby amended to read as follows:

3-9 4.370 1. Except as limited by subsection 2, justices’ courts have

3-10 jurisdiction of the following civil actions and proceedings and no others

3-11 except as provided by specific statute:

3-12 (a) In actions arising on contract for the recovery of money only, if the

3-13 sum claimed, exclusive of interest, does not exceed [$7,500.] $10,000.

3-14 (b) In actions for damages for injury to the person, or for taking,

3-15 detaining or injuring personal property, or for injury to real property where

3-16 no issue is raised by the verified answer of the defendant involving the title

3-17 to or boundaries of the real property, if the damage claimed does not

3-18 exceed [$7,500.] $10,000.

3-19 (c) Except as otherwise provided in paragraph (l) in actions for a fine,

3-20 penalty or forfeiture not exceeding [$7,500,] $10,000, given by statute or

3-21 the ordinance of a county, city or town, where no issue is raised by the

3-22 answer involving the legality of any tax, impost, assessment, toll or

3-23 municipal fine.

3-24 (d) In actions upon bonds or undertakings conditioned for the payment

3-25 of money, if the sum claimed does not exceed [$7,500,] $10,000, though

3-26 the penalty may exceed that sum. Bail bonds and other undertakings posted

3-27 in criminal matters may be forfeited regardless of amount.

3-28 (e) In actions to recover the possession of personal property, if the value

3-29 of the property does not exceed [$7,500.] $10,000.

3-30 (f) To take and enter judgment on the confession of a defendant, when

3-31 the amount confessed, exclusive of interest, does not exceed [$7,500.]

3-32 $10,000.

3-33 (g) Of actions for the possession of lands and tenements where the

3-34 relation of landlord and tenant exists, when damages claimed do not exceed

3-35 [$7,500] $10,000 or when no damages are claimed.

3-36 (h) Of actions when the possession of lands and tenements has been

3-37 unlawfully or fraudulently obtained or withheld, when damages claimed do

3-38 not exceed [$7,500] $10,000 or when no damages are claimed.

3-39 (i) Of suits for the collection of taxes, where the amount of the tax sued

3-40 for does not exceed [$7,500.] $10,000.

3-41 (j) Of actions for the enforcement of mechanics’ liens, where the amount

3-42 of the lien sought to be enforced, exclusive of interest, does not exceed

3-43 [$7,500.] $10,000.

4-1 (k) Of actions for the enforcement of liens of owners of facilities for

4-2 storage, where the amount of the lien sought to be enforced, exclusive of

4-3 interest, does not exceed [$7,500.] $10,000.

4-4 (l) In actions for a fine imposed for a violation of NRS 484.757.

4-5 (m) Except in a judicial district that includes a county whose population

4-6 is 100,000 or more, in any action for the issuance of a temporary or

4-7 extended order for protection against domestic violence.

4-8 (n) In small claims actions under the provisions of chapter 73 of NRS.

4-9 (o) In actions to contest the validity of liens on mobile homes or

4-10 manufactured homes.

4-11 (p) In any action pursuant to NRS 200.591 for the issuance of a

4-12 protective order against a person alleged to be committing the crime of

4-13 stalking, aggravated stalking or harassment.

4-14 2. The jurisdiction conferred by this section does not extend to civil

4-15 actions, other than for forcible entry or detainer, in which the title of real

4-16 property or mining claims or questions affecting the boundaries of land are

4-17 involved.

4-18 3. Justices’ courts have jurisdiction of all misdemeanors and no other

4-19 criminal offenses except as otherwise provided by specific statute.

4-20 4. Except as otherwise provided in subsections 5 and 6, in criminal

4-21 cases the jurisdiction of justices of the peace extends to the limits of their

4-22 respective counties.

4-23 5. In the case of any arrest made by a member of the Nevada highway

4-24 patrol, the jurisdiction of the justices of the peace extends to the limits of

4-25 their respective counties and to the limits of all counties which have

4-26 common boundaries with their respective counties.

4-27 6. Each justice’s court has jurisdiction of any violation of a regulation

4-28 governing vehicular traffic on an airport within the township in which the

4-29 court is established.

4-30 Sec. 3. NRS 73.010 is hereby amended to read as follows:

4-31 73.010 In all cases arising in the justice’s court for the recovery of

4-32 money only, where the amount claimed does not exceed [$3,500] $5,000

4-33 and the defendant named:

4-34 1. Is a resident of;

4-35 2. Does business in; or

4-36 3. Is employed in,

4-37 the township in which the action is to be maintained, the justice of the

4-38 peace may proceed as provided in this chapter and by rules of court.

4-39 Sec. 4. NRS 487.039 is hereby amended to read as follows:

4-40 487.039 1. If the owner of a vehicle which is towed from private

4-41 property upon the request of the owner of the private property or a person

4-42 in lawful possession of that property believes that the vehicle was

4-43 unlawfully towed, he may file a civil action pursuant to paragraph (b) of

5-1 subsection 1 of NRS 4.370 in the justice’s court of the township where the

5-2 private property is located, on a form provided by the court, to determine

5-3 whether the towing of the vehicle was lawful.

5-4 2. An action may be filed pursuant to this section only if the cost of

5-5 towing and storing the vehicle does not exceed [$7,500.] $10,000.

5-6 3. Upon the filing of a civil action pursuant to subsection 1, the court

5-7 shall schedule a date for a hearing. The hearing must be held not later than

5-8 7 days after the action is filed. The court shall affix the date of the hearing

5-9 to the form and order a copy served by the sheriff, constable or other

5-10 process server upon the person who authorized the towing of the vehicle.

5-11 4. The court shall:

5-12 (a) If it determines that the vehicle was:

5-13 (1) Lawfully towed, order the owner of the vehicle to pay the cost of

5-14 towing and storing the vehicle and order the person who is storing the

5-15 vehicle to release the vehicle to the owner upon payment of that cost; or

5-16 (2) Unlawfully towed, order the person who authorized the towing to

5-17 pay the cost of towing and storing the vehicle and order the person who is

5-18 storing the vehicle to release the vehicle to the owner immediately; and

5-19 (b) Determine the actual cost incurred in towing and storing the vehicle.

5-20 5. The operator of any facility or other location where vehicles which

5-21 are towed from private property are stored shall display conspicuously at

5-22 that facility or location a sign which sets forth the provisions of this section.

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