Senate Concurrent Resolution No. 19–Committee on Judiciary
March 4, 1999
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Referred to Committee on Judiciary
SUMMARY—Directs Legislative Commission to conduct interim study of feasibility of establishing Court of Chancery. (BDR R-534)
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
SENATE CONCURRENT RESOLUTION—Directing the Legislative Commission to
conduct an interim study of the feasibility of establishing a Court of Chancery in this state.
1-1
Whereas, The State of Delaware is recognized for its efficient and1-2
professional judicial system that has earned international prominence in1-3
many areas of the law, including particularly the areas of corporate,1-4
business and commercial law; and1-5
Whereas, As a part of that system, a Court of Chancery was1-6
established to hear and determine causes and matters in equity, to grant1-7
traditional equitable remedies and to resolve litigation relating to1-8
corporations, partnerships, trusts, estates and other commercial and1-9
contractual disputes; and1-10
Whereas, The limited jurisdiction of such a court promotes greater1-11
specialization to ensure that disputes are heard by judges with experience1-12
and expertise in complex corporate and fiduciary matters, including1-13
mergers and acquisitions, shareholders’ rights and the liability of corporate1-14
directors; and1-15
Whereas, The expedited proceedings of a Court of Chancery facilitate1-16
the prompt and final resolution of disputes, thereby eliminating the delay1-17
in litigation found in courts of general jurisdiction; and1-18
Whereas, The establishment of a Court of Chancery in this state would1-19
contribute to the development and stability of corporate and business law,1-20
thereby ensuring consistency in decisions and expertise in the disposition1-21
of such cases, and would make this state a more attractive location in1-22
which to organize and conduct business; now, therefore, be it1-23
Resolved by the Senate of the State of Nevada, the Assembly1-24
Concurring, That the Legislative Commission is hereby directed to2-1
conduct an interim study of the feasibility of establishing a Court of2-2
Chancery in this state; and be it further2-3
Resolved, That the study must include, without limitation, a2-4
comprehensive assessment of:2-5
1. Whether causes and matters in equity should be heard separately in2-6
a court of limited jurisdiction from matters of law heard by a court of2-7
general jurisdiction;2-8
2. The organization and operation of a Court of Chancery, including2-9
the development of a proposed structure and administration for the court2-10
with consideration given to caseloads and facilities and personnel required2-11
for the operation of the court;2-12
3. The manner in which the judges for a Court of Chancery would be2-13
selected if such a court were to be established in this state;2-14
4. The qualifications required for such judges;2-15
5. The jurisdiction of such a court; and2-16
6. The manner in which the organization and operation of other courts2-17
in this state would be affected if a Court of Chancery were to be2-18
established in this state; and be it further2-19
Resolved, That no action may be taken by the study committee on2-20
recommended legislation unless it receives a majority vote of the Senators2-21
on the committee and a majority vote of the Assemblymen on the2-22
committee; and be it further2-23
Resolved, That the Legislative Commission submit a report of the2-24
results of the study and any recommended legislation to the 71st session of2-25
the Nevada Legislature.~