Senate Bill No. 512–Committee on Judiciary
(On Behalf of Nevada District Judges Association)
March 22, 1999
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Referred to Committee on Judiciary
SUMMARY—Removes provisions that prohibit certain justices of the peace and municipal judges from charging fees for performing marriage ceremonies. (BDR 11-630)
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:
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Section 1. NRS 122.080 is hereby amended to read as follows:1-2
122.080 1. After receipt of the marriage license previously issued to1-3
persons wishing to be married as provided in NRS 122.040 and 122.050, it1-4
is lawful for any justice of the supreme court, any judge of the district1-5
court, any justice of the peace in his township if it is not a commissioner1-6
township, any justice of the peace in a commissioner township if authorized1-7
pursuant to subsection 3, any municipal judge if authorized pursuant to1-8
subsection 4, any commissioner of civil marriages within his county and1-9
within a commissioner township therein, or any deputy commissioner of1-10
civil marriages within the county of his appointment and within a1-11
commissioner township therein, to join together as husband and wife all1-12
persons not prohibited by this chapter.1-13
2. This section does not prohibit:1-14
(a) A justice of the peace of one township, while acting in the place and1-15
stead of the justice of the peace of any other township, from performing2-1
marriage ceremonies within the other township, if such other township is2-2
not a commissioner township.2-3
(b) A justice of the peace of one township performing marriages in2-4
another township of the same county where there is no duly qualified and2-5
acting justice of the peace, if such other township is not a commissioner2-6
township or if he is authorized to perform the marriage pursuant to2-7
subsection 3.2-8
3. In any calendar year, a justice of the peace may perform not more2-9
than 20 marriage ceremonies in commissioner townships .2-10
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4. In any calendar year, a municipal judge may perform not more than2-13
20 marriage ceremonies in this state .2-14
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Sec. 2. NRS 4.060 is hereby amended to read as follows:2-22
4.060 1. Except as otherwise provided in this section, each justice of2-23
the peace shall charge and collect the following fees:2-24
(a) On the commencement of any action or proceeding in the justice’s2-25
court, other than in actions commenced pursuant to chapter 73 of NRS, to2-26
be paid by the party commencing the action:2-27
If the sum claimed does not exceed $1,000 $28.002-28
If the sum claimed exceeds $1,000 but does not exceed2-29
$2,500 50.002-30
If the sum claimed exceeds $2,500 but does not exceed2-31
$4,500 100.002-32
If the sum claimed exceeds $4,500 but does not exceed2-33
$6,500 125.002-34
If the sum claimed exceeds $6,500 but does not exceed2-35
$7,500 150.002-36
In all other civil actions 28.002-37
(b) For the preparation and filing of an affidavit and order in2-38
an action commenced pursuant to chapter 73 of NRS:2-39
If the sum claimed does not exceed $1,000 25.002-40
If the sum claimed exceeds $1,000 but does not exceed2-41
$2,500 45.002-42
If the sum claimed exceeds $2,500 but does not exceed2-43
$3,500 65.003-1
(c) On the appearance of any defendant, or any3-2
number of defendants answering jointly, to be paid him3-3
or them on filing the first paper in the action, or at the3-4
time of appearance:3-5
In all civil actions $12.003-6
For every additional defendant, appearing separately 6.003-7
(d) No fee may be charged where a defendant or defendants3-8
appear in response to an affidavit and order issued pursuant to3-9
the provisions of chapter 73 of NRS.3-10
(e) For the filing of any paper in intervention 6.003-11
(f) For the issuance of any writ of attachment, writ of3-12
garnishment, writ of execution, or any other writ designed to3-13
enforce any judgment of the court 6.003-14
(g) For filing a notice of appeal, and appeal bonds 12.003-15
One charge only may be made if both papers are filed at the3-16
same time.3-17
(h) For issuing supersedeas to a writ designed to enforce a3-18
judgment or order of the court 12.003-19
(i) For preparation and transmittal of transcript and papers on3-20
appeal 12.003-21
(j) For celebrating a marriage and returning the certificate to3-22
the county recorder 35.003-23
(k) For entering judgment by confession 6.003-24
(l) For preparing any copy of any record, proceeding or3-25
paper, for each page .303-26
(m) For each certificate of the clerk, under the seal of the3-27
court 3.003-28
(n) For searching records or files in his office, for each year 1.003-29
(o) For filing and acting upon each bail or property bond 40.003-30
2. A justice of the peace shall not charge or collect any of the fees set3-31
forth in subsection 1 for any service rendered by him to the county in which3-32
his township is located.3-33
3.3-34
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the provisions of NRS 244.207, the justice of the peace shall, on or before3-38
the fifth day of each month, account for and pay to the county treasurer all3-39
fees collected during the preceding month, except for the fees he may retain3-40
as compensation and the fees he is required to pay to the state treasurer3-41
pursuant to subsection4-1
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month, pay to the state treasurer4-3
pursuant to paragraph (o) of subsection 1 during the preceding month. The4-4
state treasurer shall deposit the money in the fund for the compensation of4-5
victims of crime.~