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
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
$7,500 150.001-17
In all other civil actions 28.002-1
(b) For the preparation and filing of an affidavit and order in2-2
an action commenced pursuant to chapter 73 of NRS:2-3
If the sum claimed does not exceed $1,000 25.002-4
If the sum claimed exceeds $1,000 but does not exceed2-5
$2,500 45.002-6
If the sum claimed exceeds $2,500 but does not exceed2-7
2-8
(c) On the appearance of any defendant, or any number of2-9
defendants answering jointly, to be paid him or them on filing2-10
the first paper in the action, or at the time of appearance:2-11
In all civil actions 12.002-12
For every additional defendant, appearing separately 6.002-13
(d) No fee may be charged where a defendant or defendants2-14
appear in response to an affidavit and order issued pursuant to2-15
the provisions of chapter 73 of NRS.2-16
(e) For the filing of any paper in intervention 6.002-17
(f) For the issuance of any writ of attachment, writ of2-18
garnishment, writ of execution, or any other writ designed to2-19
enforce any judgment of the court 6.002-20
(g) For filing a notice of appeal, and appeal bonds 12.002-21
One charge only may be made if both papers are filed at the2-22
same time.2-23
(h) For issuing supersedeas to a writ designed to enforce a2-24
judgment or order of the court 12.002-25
(i) For preparation and transmittal of transcript and papers on2-26
appeal 12.002-27
(j) For celebrating a marriage and returning the certificate to2-28
the county recorder 35.002-29
(k) For entering judgment by confession 6.002-30
(l) For preparing any copy of any record, proceeding or2-31
paper, for each page .302-32
(m) For each certificate of the clerk, under the seal of the2-33
court 3.002-34
(n) For searching records or files in his office, for each year 1.002-35
(o) For filing and acting upon each bail or property bond 40.002-36
2. A justice of the peace shall not charge or collect any of the fees set2-37
forth in subsection 1 for any service rendered by him to the county in which2-38
his township is located.2-39
3. A justice of the peace shall not charge or collect the fee pursuant to2-40
paragraph (j) of subsection 1 if he performs a marriage ceremony in a2-41
commissioner township.3-1
4. Except as otherwise provided by an ordinance adopted pursuant to3-2
the provisions of NRS 244.207, the justice of the peace shall, on or before3-3
the fifth day of each month, account for and pay to the county treasurer all3-4
fees collected during the preceding month, except for the fees he may retain3-5
as compensation and the fees he is required to pay to the state treasurer3-6
pursuant to subsection 5.3-7
5. The justice of the peace shall, on or before the fifth day of each3-8
month, pay to the state treasurer half of the fees collected pursuant to3-9
paragraph (o) of subsection 1 during the preceding month. The state3-10
treasurer shall deposit the money in the fund for the compensation of3-11
victims of crime.3-12
Sec. 2. NRS 73.010 is hereby amended to read as follows: 73.010 In all cases arising in the justice’s court for the recovery of3-14
money only, where the amount claimed does not exceed3-15
and the defendant named:3-16
1. Is a resident of;3-17
2. Does business in; or3-18
3. Is employed in,3-19
the township in which the action is to be maintained, the justice of the3-20
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 action3-22
filed on or after October 1, 1999.~