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
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: 4.060 1. Except as otherwise provided in this section, each justice of1-3
the peace shall charge and collect the following fees:1-4
(a) On the commencement of any action or proceeding in the1-5
justice’s court, other than in actions commenced pursuant to1-6
chapter 73 of NRS, to be paid by the party commencing the1-7
action:1-8
If the sum claimed does not exceed $1,000 $28.001-9
If the sum claimed exceeds $1,000 but does not exceed1-10
$2,500 50.001-11
If the sum claimed exceeds $2,500 but does not exceed1-12
$4,500 100.001-13
If the sum claimed exceeds $4,500 but does not exceed1-14
$6,500 125.001-15
If the sum claimed exceeds $6,500 but does not exceed1-16
1-17
In all other civil actions 28.001-18
(b) For the preparation and filing of an affidavit and order in1-19
an action commenced pursuant to chapter 73 of NRS:2-1
If the sum claimed does not exceed $1,000 25.002-2
If the sum claimed exceeds $1,000 but does not exceed2-3
$2,500 45.002-4
If the sum claimed exceeds $2,500 but does not exceed2-5
2-6
(c) On the appearance of any defendant, or any number of2-7
defendants answering jointly, to be paid him or them on filing2-8
the first paper in the action, or at the time of appearance:2-9
In all civil actions 12.002-10
For every additional defendant, appearing separately 6.002-11
(d) No fee may be charged where a defendant or defendants2-12
appear in response to an affidavit and order issued pursuant to2-13
the provisions of chapter 73 of NRS.2-14
(e) For the filing of any paper in intervention 6.002-15
(f) For the issuance of any writ of attachment, writ of2-16
garnishment, writ of execution, or any other writ designed to2-17
enforce any judgment of the court 6.002-18
(g) For filing a notice of appeal, and appeal bonds 12.002-19
One charge only may be made if both papers are filed at the2-20
same time.2-21
(h) For issuing supersedeas to a writ designed to enforce a2-22
judgment or order of the court 12.002-23
(i) For preparation and transmittal of transcript and papers on2-24
appeal 12.002-25
(j) For celebrating a marriage and returning the certificate to2-26
the county recorder 35.002-27
(k) For entering judgment by confession 6.002-28
(l) For preparing any copy of any record, proceeding or2-29
paper, for each page .302-30
(m) For each certificate of the clerk, under the seal of the2-31
court 3.002-32
(n) For searching records or files in his office, for each year 1.002-33
(o) For filing and acting upon each bail or property bond 40.002-34
2. A justice of the peace shall not charge or collect any of the fees set2-35
forth in subsection 1 for any service rendered by him to the county in which2-36
his township is located.2-37
3. A justice of the peace shall not charge or collect the fee pursuant to2-38
paragraph (j) of subsection 1 if he performs a marriage ceremony in a2-39
commissioner township.2-40
4. Except as otherwise provided by an ordinance adopted pursuant to2-41
the provisions of NRS 244.207, the justice of the peace shall, on or before2-42
the fifth day of each month, account for and pay to the county treasurer all2-43
fees collected during the preceding month, except for the fees he may retain3-1
as compensation and the fees he is required to pay to the state treasurer3-2
pursuant to subsection 5.3-3
5. The justice of the peace shall, on or before the fifth day of each3-4
month, pay to the state treasurer half of the fees collected pursuant to3-5
paragraph (o) of subsection 1 during the preceding month. The state3-6
treasurer shall deposit the money in the fund for the compensation of3-7
victims of crime.3-8
Sec. 2. NRS 4.370 is hereby amended to read as follows: 4.370 1. Except as limited by subsection 2, justices’ courts have3-10
jurisdiction of the following civil actions and proceedings and no others3-11
except as provided by specific statute:3-12
(a) In actions arising on contract for the recovery of money only, if the3-13
sum claimed, exclusive of interest, does not exceed3-14
(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 where3-16
no issue is raised by the verified answer of the defendant involving the title3-17
to or boundaries of the real property, if the damage claimed does not3-18
exceed3-19
(c) Except as otherwise provided in paragraph (l) in actions for a fine,3-20
penalty or forfeiture not exceeding3-21
the ordinance of a county, city or town, where no issue is raised by the3-22
answer involving the legality of any tax, impost, assessment, toll or3-23
municipal fine.3-24
(d) In actions upon bonds or undertakings conditioned for the payment3-25
of money, if the sum claimed does not exceed3-26
the penalty may exceed that sum. Bail bonds and other undertakings posted3-27
in criminal matters may be forfeited regardless of amount.3-28
(e) In actions to recover the possession of personal property, if the value3-29
of the property does not exceed3-30
(f) To take and enter judgment on the confession of a defendant, when3-31
the amount confessed, exclusive of interest, does not exceed3-32
$10,000.3-33
(g) Of actions for the possession of lands and tenements where the3-34
relation of landlord and tenant exists, when damages claimed do not exceed3-35
3-36
(h) Of actions when the possession of lands and tenements has been3-37
unlawfully or fraudulently obtained or withheld, when damages claimed do3-38
not exceed3-39
(i) Of suits for the collection of taxes, where the amount of the tax sued3-40
for does not exceed3-41
(j) Of actions for the enforcement of mechanics’ liens, where the amount3-42
of the lien sought to be enforced, exclusive of interest, does not exceed3-43
4-1
(k) Of actions for the enforcement of liens of owners of facilities for4-2
storage, where the amount of the lien sought to be enforced, exclusive of4-3
interest, does not exceed4-4
(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 population4-6
is 100,000 or more, in any action for the issuance of a temporary or4-7
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 or4-10
manufactured homes.4-11
(p) In any action pursuant to NRS 200.591 for the issuance of a4-12
protective order against a person alleged to be committing the crime of4-13
stalking, aggravated stalking or harassment.4-14
2. The jurisdiction conferred by this section does not extend to civil4-15
actions, other than for forcible entry or detainer, in which the title of real4-16
property or mining claims or questions affecting the boundaries of land are4-17
involved.4-18
3. Justices’ courts have jurisdiction of all misdemeanors and no other4-19
criminal offenses except as otherwise provided by specific statute.4-20
4. Except as otherwise provided in subsections 5 and 6, in criminal4-21
cases the jurisdiction of justices of the peace extends to the limits of their4-22
respective counties.4-23
5. In the case of any arrest made by a member of the Nevada highway4-24
patrol, the jurisdiction of the justices of the peace extends to the limits of4-25
their respective counties and to the limits of all counties which have4-26
common boundaries with their respective counties.4-27
6. Each justice’s court has jurisdiction of any violation of a regulation4-28
governing vehicular traffic on an airport within the township in which the4-29
court is established.4-30
Sec. 3. NRS 73.010 is hereby amended to read as follows: 73.010 In all cases arising in the justice’s court for the recovery of4-32
money only, where the amount claimed does not exceed4-33
and the defendant named:4-34
1. Is a resident of;4-35
2. Does business in; or4-36
3. Is employed in,4-37
the township in which the action is to be maintained, the justice of the4-38
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: 487.039 1. If the owner of a vehicle which is towed from private4-41
property upon the request of the owner of the private property or a person4-42
in lawful possession of that property believes that the vehicle was4-43
unlawfully towed, he may file a civil action pursuant to paragraph (b) of5-1
subsection 1 of NRS 4.370 in the justice’s court of the township where the5-2
private property is located, on a form provided by the court, to determine5-3
whether the towing of the vehicle was lawful.5-4
2. An action may be filed pursuant to this section only if the cost of5-5
towing and storing the vehicle does not exceed5-6
3. Upon the filing of a civil action pursuant to subsection 1, the court5-7
shall schedule a date for a hearing. The hearing must be held not later than5-8
7 days after the action is filed. The court shall affix the date of the hearing5-9
to the form and order a copy served by the sheriff, constable or other5-10
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 of5-14
towing and storing the vehicle and order the person who is storing the5-15
vehicle to release the vehicle to the owner upon payment of that cost; or5-16
(2) Unlawfully towed, order the person who authorized the towing to5-17
pay the cost of towing and storing the vehicle and order the person who is5-18
storing the vehicle to release the vehicle to the owner immediately; and5-19
(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 which5-21
are towed from private property are stored shall display conspicuously at5-22
that facility or location a sign which sets forth the provisions of this section.~