Assembly Bill No. 103–Committee on Judiciary

(On Behalf of Administrative Office of the Courts)

February 12, 2001

____________

Referred to Concurrent Committees on Judiciary
and Ways and Means

SUMMARY—Makes various changes to fees charged by justice of the peace and municipal court judge. (BDR 1‑526)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

~

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 the judiciary; increasing the fee charged by a justice of the peace and municipal court judge for performing a marriage; imposing a fee to be charged by a justice of the peace and municipal court judge for renewing a civil judgment; 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

1-5 the justice’s court, other than in actions commenced pursuant

1-6 to 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 an action

2-2 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 $5,000............................... 65.00

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

2-9 answering jointly, to be paid him or them on filing the first paper in the

2-10 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 appear in

2-14 response to an affidavit and order issued pursuant to the provisions of

2-15 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 the

2-28 county recorder......... [35.00] 50.00

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

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

2-31 for each page............................. .30

2-32 (m) For each certificate of the clerk, under the seal of the court............ 3.00

2-33 (n) For searching records or files in his office, for each year................ 1.00

2-34 (o) For filing and acting upon each bail or property bond ................ 40.00

2-35 (p) For renewing a civil judgment 10.00

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

2-38 which 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.

2-42 4. Except as otherwise provided by an ordinance adopted pursuant to

2-43 the provisions of NRS 244.207, the justice of the peace shall, on or before

2-44 the fifth day of each month, account for and pay to the county treasurer all

2-45 fees collected during the preceding month, except for the fees he may

2-46 retain as compensation and the fees he is required to pay to the state

2-47 treasurer pursuant to subsection 5.

2-48 5. The justice of the peace shall, on or before the fifth day of each

2-49 month, pay to the state treasurer half of the fees collected pursuant to

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

3-2 treasurer shall deposit the money in the fund for the compensation of

3-3 victims of crime.

3-4 Sec. 2. This act becomes effective on July 1, 2001.

3-5 H