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 small 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 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 $7,500 150.00

1-17 In all other civil actions 28.00

2-1 (b) For the preparation and filing of an affidavit and order in

2-2 an action commenced pursuant to chapter 73 of NRS:

2-3 If the sum claimed does not exceed $1,000 25.00

2-4 If the sum claimed exceeds $1,000 but does not exceed

2-5 $2,500 45.00

2-6 If the sum claimed exceeds $2,500 but does not exceed

2-7 [$3,500] $5,000 65.00

2-8 (c) On the appearance of any defendant, or any number of

2-9 defendants answering jointly, to be paid him or them on filing

2-10 the first paper in the action, or at the time of appearance:

2-11 In all civil actions 12.00

2-12 For every additional defendant, appearing separately 6.00

2-13 (d) No fee may be charged where a defendant or defendants

2-14 appear in response to an affidavit and order issued pursuant to

2-15 the provisions of chapter 73 of NRS.

2-16 (e) For the filing of any paper in intervention 6.00

2-17 (f) For the issuance of any writ of attachment, writ of

2-18 garnishment, writ of execution, or any other writ designed to

2-19 enforce any judgment of the court 6.00

2-20 (g) For filing a notice of appeal, and appeal bonds 12.00

2-21 One charge only may be made if both papers are filed at the

2-22 same time.

2-23 (h) For issuing supersedeas to a writ designed to enforce a

2-24 judgment or order of the court 12.00

2-25 (i) For preparation and transmittal of transcript and papers on

2-26 appeal 12.00

2-27 (j) For celebrating a marriage and returning the certificate to

2-28 the county recorder 35.00

2-29 (k) For entering judgment by confession 6.00

2-30 (l) For preparing any copy of any record, proceeding or

2-31 paper, for each page .30

2-32 (m) For each certificate of the clerk, under the seal of the

2-33 court 3.00

2-34 (n) For searching records or files in his office, for each year 1.00

2-35 (o) For filing and acting upon each bail or property bond 40.00

2-36 2. A justice of the peace shall not charge or collect any of the fees set

2-37 forth in subsection 1 for any service rendered by him to the county in which

2-38 his township is located.

2-39 3. A justice of the peace shall not charge or collect the fee pursuant to

2-40 paragraph (j) of subsection 1 if he performs a marriage ceremony in a

2-41 commissioner township.

3-1 4. Except as otherwise provided by an ordinance adopted pursuant to

3-2 the provisions of NRS 244.207, the justice of the peace shall, on or before

3-3 the fifth day of each month, account for and pay to the county treasurer all

3-4 fees collected during the preceding month, except for the fees he may retain

3-5 as compensation and the fees he is required to pay to the state treasurer

3-6 pursuant to subsection 5.

3-7 5. The justice of the peace shall, on or before the fifth day of each

3-8 month, pay to the state treasurer half of the fees collected pursuant to

3-9 paragraph (o) of subsection 1 during the preceding month. The state

3-10 treasurer shall deposit the money in the fund for the compensation of

3-11 victims of crime.

3-12 Sec. 2. NRS 73.010 is hereby amended to read as follows:

3-13 73.010 In all cases arising in the justice’s court for the recovery of

3-14 money only, where the amount claimed does not exceed [$3,500] $5,000

3-15 and the defendant named:

3-16 1. Is a resident of;

3-17 2. Does business in; or

3-18 3. Is employed in,

3-19 the township in which the action is to be maintained, the justice of the

3-20 peace may proceed as provided in this chapter and by rules of court.

3-21 Sec. 3. The amendatory provisions of this act apply only to an action

3-22 filed on or after October 1, 1999.

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