Assembly Bill No. 100–Assemblymen Brown, Knecht, Gibbons, Christensen, Andonov, Beers, Geddes, Goicoechea, Grady, Griffin, Gustavson, Hardy, Hettrick, Mabey, Marvel, McCleary, Perkins, Sherer and Weber

 

February 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Increases monetary limit of jurisdiction of justices’ courts. (BDR 1‑855)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to justices’ courts; increasing the monetary limit of the jurisdiction of justices’ courts; 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 and

1-3  NRS 33.017 to 33.100, inclusive, each justice of the peace shall

1-4  charge and collect the following fees:

1-5  (a) On the commencement of any action or proceeding

1-6  in the justice’s court, other than in actions commenced

1-7  pursuant to chapter 73 of NRS, to be paid by the party

1-8  commencing the action:

1-9  If the sum claimed does not exceed $1,000  $28.00

1-10  If the sum claimed exceeds $1,000 but does not

1-11  exceed $2,500.................................. 50.00

1-12  If the sum claimed exceeds $2,500 but does not

1-13  exceed $4,500................................ 100.00

1-14  If the sum claimed exceeds $4,500 but does not

1-15  exceed $6,500................................ 125.00

2-1  If the sum claimed exceeds $6,500 but does not

2-2  exceed [$7,500] $10,000............ $150.00

2-3  In all other civil actions.................... 28.00

2-4  (b) For the preparation and filing of an affidavit and

2-5  order in an action commenced pursuant to chapter 73 of

2-6  NRS:

2-7  If the sum claimed does not exceed $1,000  25.00

2-8  If the sum claimed exceeds $1,000 but does not

2-9  exceed $2,500................................... 45.00

2-10  If the sum claimed exceeds $2,500 but does not

2-11  exceed $5,000.................................. 65.00

2-12      (c) On the appearance of any defendant, or any

2-13  number of defendants answering jointly, to be paid by him

2-14  or them on filing the first paper in the action, or at the time

2-15  of appearance:

2-16  In all civil actions............................. 12.00

2-17  For every additional defendant, appearing

2-18  separately............................................ 6.00

2-19      (d) No fee may be charged where a defendant or

2-20  defendants appear in response to an affidavit and order

2-21  issued pursuant to the provisions of chapter 73 of NRS.

2-22      (e) For the filing of any paper in intervention  6.00

2-23      (f) For the issuance of any writ of attachment, writ of

2-24  garnishment, writ of execution or any other writ designed

2-25  to enforce any judgment of the court........ 6.00

2-26      (g) For filing a notice of appeal, and appeal bonds12.00

2-27  One charge only may be made if both papers are

2-28  filed at the same time.

2-29      (h) For issuing supersedeas to a writ designed to

2-30  enforce a judgment or order of the court12.00

2-31      (i) For preparation and transmittal of transcript and

2-32  papers on appeal...................................... 12.00

2-33      (j) For celebrating a marriage and returning the

2-34  certificate to the county recorder............ 50.00

2-35      (k) For entering judgment by confession6.00

2-36      (l) For preparing any copy of any record, proceeding

2-37  or paper, for each page................................. .30

2-38      (m) For each certificate of the clerk, under the seal of

2-39  the court..................................................... 3.00

2-40  (n) For searching records or files in his office, for each

2-41  year............................................................. 1.00

2-42  (o) For filing and acting upon each bail or property

2-43  bond ......................................................... 40.00

3-1  2.  A justice of the peace shall not charge or collect any of the

3-2  fees set forth in subsection 1 for any service rendered by him to the

3-3  county in which his township is located.

3-4  3.  A justice of the peace shall not charge or collect the fee

3-5  pursuant to paragraph (j) of subsection 1 if he performs a marriage

3-6  ceremony in a commissioner township.

3-7  4.  Except as otherwise provided by an ordinance adopted

3-8  pursuant to the provisions of NRS 244.207, the justice of the peace

3-9  shall, on or before the fifth day of each month, account for and pay

3-10  to the county treasurer all fees collected during the preceding month,

3-11  except for the fees he may retain as compensation and the fees he is

3-12  required to pay to the State Controller pursuant to subsection 5.

3-13      5.  The justice of the peace shall, on or before the fifth day of

3-14  each month, pay to the State Controller:

3-15      (a) An amount equal to $5 of each fee collected pursuant to

3-16  paragraph (j) of subsection 1 during the preceding month. The State

3-17  Controller shall deposit the money in the Account for Aid for

3-18  Victims of Domestic Violence in the State General Fund.

3-19      (b) One-half of the fees collected pursuant to paragraph (o) of

3-20  subsection 1 during the preceding month. The State Controller shall

3-21  deposit the money in the fund for the compensation of victims of

3-22  crime.

3-23      Sec. 2.  NRS 4.370 is hereby amended to read as follows:

3-24      4.370  1.  Except as otherwise provided in subsection 2,

3-25  justices’ courts have jurisdiction of the following civil actions and

3-26  proceedings and no others except as otherwise provided by specific

3-27  statute:

3-28      (a) In actions arising on contract for the recovery of money only,

3-29  if the sum claimed, exclusive of interest, does not exceed [$7,500.]

3-30  $10,000.

3-31      (b) In actions for damages for injury to the person, or for taking,

3-32  detaining or injuring personal property, or for injury to real property

3-33  where no issue is raised by the verified answer of the defendant

3-34  involving the title to or boundaries of the real property, if the

3-35  damage claimed does not exceed [$7,500.] $10,000.

3-36      (c) Except as otherwise provided in paragraph (l) in actions for a

3-37  fine, penalty or forfeiture not exceeding [$7,500,] $10,000, given by

3-38  statute or the ordinance of a county, city or town, where no issue is

3-39  raised by the answer involving the legality of any tax, impost,

3-40  assessment, toll or municipal fine.

3-41      (d) In actions upon bonds or undertakings conditioned for the

3-42  payment of money, if the sum claimed does not exceed [$7,500,]

3-43  $10,000, though the penalty may exceed that sum. Bail bonds and

3-44  other undertakings posted in criminal matters may be forfeited

3-45  regardless of amount.

4-1  (e) In actions to recover the possession of personal property, if

4-2  the value of the property does not exceed [$7,500.] $10,000.

4-3  (f) To take and enter judgment on the confession of a defendant,

4-4  when the amount confessed, exclusive of interest, does not exceed

4-5  [$7,500.] $10,000.

4-6  (g) Of actions for the possession of lands and tenements where

4-7  the relation of landlord and tenant exists, when damages claimed do

4-8  not exceed [$7,500] $10,000 or when no damages are claimed.

4-9  (h) Of actions when the possession of lands and tenements has

4-10  been unlawfully or fraudulently obtained or withheld, when

4-11  damages claimed do not exceed [$7,500] $10,000 or when no

4-12  damages are claimed.

4-13      (i) Of suits for the collection of taxes, where the amount of the

4-14  tax sued for does not exceed [$7,500.] $10,000.

4-15      (j) Of actions for the enforcement of mechanics’ liens, where the

4-16  amount of the lien sought to be enforced, exclusive of interest, does

4-17  not exceed [$7,500.] $10,000.

4-18      (k) Of actions for the enforcement of liens of owners of facilities

4-19  for storage, where the amount of the lien sought to be enforced,

4-20  exclusive of interest, does not exceed [$7,500.] $10,000.

4-21      (l) In actions for a fine imposed for a violation of NRS 484.757.

4-22      (m) Except in a judicial district that includes a county whose

4-23  population is 100,000 or more, in any action for the issuance of a

4-24  temporary or extended order for protection against domestic

4-25  violence.

4-26      (n) In an action for the issuance of a temporary or extended

4-27  order for protection against harassment in the workplace pursuant to

4-28  NRS 33.200 to 33.360, inclusive.

4-29      (o) In small claims actions under the provisions of chapter 73 of

4-30  NRS.

4-31      (p) In actions to contest the validity of liens on mobile homes or

4-32  manufactured homes.

4-33      (q) In any action pursuant to NRS 200.591 for the issuance of a

4-34  protective order against a person alleged to be committing the crime

4-35  of stalking, aggravated stalking or harassment.

4-36      2.  The jurisdiction conferred by this section does not extend to

4-37  civil actions, other than for forcible entry or detainer, in which the

4-38  title of real property or mining claims or questions affecting the

4-39  boundaries of land are involved.

4-40      3.  Justices’ courts have jurisdiction of all misdemeanors and no

4-41  other criminal offenses except as otherwise provided by specific

4-42  statute. Upon approval of the district court, a justice’s court may

4-43  transfer original jurisdiction of a misdemeanor to the district court

4-44  for the purpose of assigning an offender to a program established

4-45  pursuant to NRS 176A.250.

5-1  4.  Except as otherwise provided in subsections 5 and 6, in

5-2  criminal cases the jurisdiction of justices of the peace extends to the

5-3  limits of their respective counties.

5-4  5.  In the case of any arrest made by a member of the Nevada

5-5  Highway Patrol, the jurisdiction of the justices of the peace extends

5-6  to the limits of their respective counties and to the limits of all

5-7  counties which have common boundaries with their respective

5-8  counties.

5-9  6.  Each justice’s court has jurisdiction of any violation of a

5-10  regulation governing vehicular traffic on an airport within the

5-11  township in which the court is established.

5-12      Sec. 3.  NRS 487.039 is hereby amended to read as follows:

5-13      487.039  1.  If [the owner of] a vehicle [which] is towed from

5-14  private property upon the request of the owner of the private

5-15  property , or a person in lawful possession of that property , and the

5-16  owner of the vehicle believes that the vehicle was unlawfully towed,

5-17  [he] the owner of the vehicle may file a civil action pursuant to

5-18  paragraph (b) of subsection 1 of NRS 4.370 in the justice’s court of

5-19  the township where the private property is located, on a form

5-20  provided by the court, to determine whether the towing of the

5-21  vehicle was lawful.

5-22      2.  An action may be filed pursuant to this section only if the

5-23  cost of towing and storing the vehicle does not exceed [$7,500.]

5-24  $10,000.

5-25      3.  Upon the filing of a civil action pursuant to subsection 1, the

5-26  court shall schedule a date for a hearing. The hearing must be held

5-27  not later than 7 days after the action is filed. The court shall affix the

5-28  date of the hearing to the form and order a copy served by the

5-29  sheriff, constable or other process server upon the person who

5-30  authorized the towing of the vehicle.

5-31      4.  The court shall:

5-32      (a) If it determines that the vehicle was:

5-33          (1) Lawfully towed, order the owner of the vehicle to pay the

5-34  cost of towing and storing the vehicle and order the person who is

5-35  storing the vehicle to release the vehicle to the owner upon payment

5-36  of that cost; or

5-37          (2) Unlawfully towed, order the person who authorized the

5-38  towing to pay the cost of towing and storing the vehicle and order

5-39  the person who is storing the vehicle to release the vehicle to the

5-40  owner immediately; and

5-41      (b) Determine the actual cost incurred in towing and storing the

5-42  vehicle.

5-43      5.  The operator of any facility or other location where vehicles

5-44  which are towed from private property are stored shall display

6-1  conspicuously at that facility or location a sign which sets forth the

6-2  provisions of this section.

6-3  Sec. 4.  The amendatory provisions of this act apply to civil

6-4  actions and proceedings filed on or after January 1, 2005.

6-5  Sec. 5.  This act becomes effective on January 1, 2005.

 

6-6  H