Senate Bill No. 326–Committee on Judiciary

(On Behalf of City of Las Vegas)

March 5, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing writs of mandamus. (BDR 3-964)

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 writs; providing that an application for a writ of mandamus that alleges an unconstitutional prior restraint must be labeled in a certain manner; requiring the court in which such an application for a writ is filed to render judgment on the application within 30 days; 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. Chapter 34 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. If the applicant is alleging an unconstitutional prior restraint of

1-4 his rights pursuant to the First Amendment to the Constitution of the

1-5 United States or section 9 of article 1 of the constitution of the State of

1-6 Nevada, the applicant shall insert the words "First Amendment Petition"

1-7 in the caption of the application for the writ in at least 10-point type.

1-8 2. The court shall render judgment on an application for a writ

1-9 described in subsection 1 not later than 30 days after the date on which

1-10 the application for the writ is filed.

1-11 Sec. 2. NRS 34.180 is hereby amended to read as follows:

1-12 34.180 [The] Except as otherwise provided in section 1 of this act, the

1-13 writ of mandamus may, in the discretion of the court or judge issuing the

1-14 writ, be made returnable and a hearing thereon be had at any time.

2-1 Sec. 3. NRS 34.300 is hereby amended to read as follows:

2-2 34.300 Except as otherwise provided in NRS 34.150 to 34.290,

2-3 inclusive, and section 1 of this act, the provisions of NRS and Nevada

2-4 Rules of Civil Procedure relative to civil actions in the district court are

2-5 applicable to and constitute the rules of practice in the proceedings

2-6 mentioned in NRS 34.150 to 34.290, inclusive [.] , and section 1 of this

2-7 act.

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