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 and provides for establishment of mandatory short trial program for civil cases in 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; providing for the establishment of a mandatory short trial program for civil cases in the 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

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

2-2  exceed $4,500.............................. $100.00

2-3  If the sum claimed exceeds $4,500 but does not

2-4  exceed $6,500................................. 125.00

2-5  If the sum claimed exceeds $6,500 but does not

2-6  exceed $7,500................................. 150.00

2-7  If the sum claimed exceeds $7,500 but does not

2-8  exceed $10,000.............................. 175.00

2-9  In all other civil actions.................... 28.00

2-10      (b) For the preparation and filing of an affidavit and

2-11  order in an action commenced pursuant to chapter 73 of

2-12  NRS:

2-13  If the sum claimed does not exceed $1,00025.00

2-14  If the sum claimed exceeds $1,000 but does not

2-15  exceed $2,500.................................. 45.00

2-16  If the sum claimed exceeds $2,500 but does not

2-17  exceed $5,000.................................. 65.00

2-18      (c) On the appearance of any defendant, or any

2-19  number of defendants answering jointly, to be paid by him

2-20  or them on filing the first paper in the action, or at the time

2-21  of appearance:

2-22  In all civil actions............................. 12.00

2-23  For every additional defendant, appearing

2-24  separately............................................ 6.00

2-25      (d) No fee may be charged where a defendant or

2-26  defendants appear in response to an affidavit and order

2-27  issued pursuant to the provisions of chapter 73 of NRS.

2-28      (e) For the filing of any paper in intervention  6.00

2-29      (f) For the issuance of any writ of attachment, writ of

2-30  garnishment, writ of execution or any other writ designed

2-31  to enforce any judgment of the court........ 6.00

2-32      (g) For filing a notice of appeal, and appeal bonds12.00

2-33  One charge only may be made if both papers are

2-34  filed at the same time.

2-35      (h) For issuing supersedeas to a writ designed to

2-36  enforce a judgment or order of the court12.00

2-37      (i) For preparation and transmittal of transcript and

2-38  papers on appeal...................................... 12.00

2-39      (j) For celebrating a marriage and returning the

2-40  certificate to the county recorder............ 50.00

2-41      (k) For entering judgment by confession6.00

2-42      (l) For preparing any copy of any record, proceeding

2-43  or paper, for each page................................. .30

2-44      (m) For each certificate of the clerk, under the seal of

2-45  the court..................................................... 3.00

3-1  (n) For searching records or files in his office, for each

3-2  year............................................................ $1.00

3-3  (o) For filing and acting upon each bail or property

3-4  bond ......................................................... 40.00

3-5  2.  A justice of the peace shall not charge or collect any of the

3-6  fees set forth in subsection 1 for any service rendered by him to the

3-7  county in which his township is located.

3-8  3.  A justice of the peace shall not charge or collect the fee

3-9  pursuant to paragraph (j) of subsection 1 if he performs a marriage

3-10  ceremony in a commissioner township.

3-11      4.  Except as otherwise provided by an ordinance adopted

3-12  pursuant to the provisions of NRS 244.207, the justice of the peace

3-13  shall, on or before the fifth day of each month, account for and pay

3-14  to the county treasurer all fees collected during the preceding month,

3-15  except for the fees he may retain as compensation and the fees he is

3-16  required to pay to the State Controller pursuant to subsection 5.

3-17      5.  The justice of the peace shall, on or before the fifth day of

3-18  each month, pay to the State Controller:

3-19      (a) An amount equal to $5 of each fee collected pursuant to

3-20  paragraph (j) of subsection 1 during the preceding month. The State

3-21  Controller shall deposit the money in the Account for Aid for

3-22  Victims of Domestic Violence in the State General Fund.

3-23      (b) One-half of the fees collected pursuant to paragraph (o) of

3-24  subsection 1 during the preceding month. The State Controller shall

3-25  deposit the money in the fund for the compensation of victims of

3-26  crime.

3-27      Sec. 2.  NRS 4.370 is hereby amended to read as follows:

3-28      4.370  1.  Except as otherwise provided in subsection 2,

3-29  justices’ courts have jurisdiction of the following civil actions and

3-30  proceedings and no others except as otherwise provided by specific

3-31  statute:

3-32      (a) In actions arising on contract for the recovery of money only,

3-33  if the sum claimed, exclusive of interest, does not exceed [$7,500.]

3-34  $10,000.

3-35      (b) In actions for damages for injury to the person, or for taking,

3-36  detaining or injuring personal property, or for injury to real property

3-37  where no issue is raised by the verified answer of the defendant

3-38  involving the title to or boundaries of the real property, if the

3-39  damage claimed does not exceed [$7,500.] $10,000.

3-40      (c) Except as otherwise provided in paragraph (l) in actions for a

3-41  fine, penalty or forfeiture not exceeding [$7,500,] $10,000, given by

3-42  statute or the ordinance of a county, city or town, where no issue is

3-43  raised by the answer involving the legality of any tax, impost,

3-44  assessment, toll or municipal fine.

4-1  (d) In actions upon bonds or undertakings conditioned for the

4-2  payment of money, if the sum claimed does not exceed [$7,500,]

4-3  $10,000, though the penalty may exceed that sum. Bail bonds and

4-4  other undertakings posted in criminal matters may be forfeited

4-5  regardless of amount.

4-6  (e) In actions to recover the possession of personal property, if

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

4-8  (f) To take and enter judgment on the confession of a defendant,

4-9  when the amount confessed, exclusive of interest, does not exceed

4-10  [$7,500.] $10,000.

4-11      (g) Of actions for the possession of lands and tenements where

4-12  the relation of landlord and tenant exists, when damages claimed do

4-13  not exceed [$7,500] $10,000 or when no damages are claimed.

4-14      (h) Of actions when the possession of lands and tenements has

4-15  been unlawfully or fraudulently obtained or withheld, when

4-16  damages claimed do not exceed [$7,500] $10,000 or when no

4-17  damages are claimed.

4-18      (i) Of suits for the collection of taxes, where the amount of the

4-19  tax sued for does not exceed [$7,500.] $10,000.

4-20      (j) Of actions for the enforcement of mechanics’ liens, where the

4-21  amount of the lien sought to be enforced, exclusive of interest, does

4-22  not exceed [$7,500.] $10,000.

4-23      (k) Of actions for the enforcement of liens of owners of facilities

4-24  for storage, where the amount of the lien sought to be enforced,

4-25  exclusive of interest, does not exceed [$7,500.] $10,000.

4-26      (l) In actions for a fine imposed for a violation of NRS 484.757.

4-27      (m) Except in a judicial district that includes a county whose

4-28  population is 100,000 or more, in any action for the issuance of a

4-29  temporary or extended order for protection against domestic

4-30  violence.

4-31      (n) In an action for the issuance of a temporary or extended

4-32  order for protection against harassment in the workplace pursuant to

4-33  NRS 33.200 to 33.360, inclusive.

4-34      (o) In small claims actions under the provisions of chapter 73 of

4-35  NRS.

4-36      (p) In actions to contest the validity of liens on mobile homes or

4-37  manufactured homes.

4-38      (q) In any action pursuant to NRS 200.591 for the issuance of a

4-39  protective order against a person alleged to be committing the crime

4-40  of stalking, aggravated stalking or harassment.

4-41      2.  The jurisdiction conferred by this section does not extend to

4-42  civil actions, other than for forcible entry or detainer, in which the

4-43  title of real property or mining claims or questions affecting the

4-44  boundaries of land are involved.

5-1  3.  Justices’ courts have jurisdiction of all misdemeanors and no

5-2  other criminal offenses except as otherwise provided by specific

5-3  statute. Upon approval of the district court, a justice’s court may

5-4  transfer original jurisdiction of a misdemeanor to the district court

5-5  for the purpose of assigning an offender to a program established

5-6  pursuant to NRS 176A.250.

5-7  4.  Except as otherwise provided in subsections 5 and 6, in

5-8  criminal cases the jurisdiction of justices of the peace extends to the

5-9  limits of their respective counties.

5-10      5.  In the case of any arrest made by a member of the Nevada

5-11  Highway Patrol, the jurisdiction of the justices of the peace extends

5-12  to the limits of their respective counties and to the limits of all

5-13  counties which have common boundaries with their respective

5-14  counties.

5-15      6.  Each justice’s court has jurisdiction of any violation of a

5-16  regulation governing vehicular traffic on an airport within the

5-17  township in which the court is established.

5-18      Sec. 3.  Chapter 38 of NRS is hereby amended by adding

5-19  thereto a new section to read as follows:

5-20      1.  The Supreme Court shall adopt rules to provide for the

5-21  establishment of a mandatory short trial program for civil cases in

5-22  the justices’ courts.

5-23      2.  This section does not apply to the following actions and

5-24  proceedings:

5-25      (a) Actions for the possession of lands and tenements where

5-26  the relation of landlord and tenant exists, when damages claimed

5-27  do not exceed $10,000 or when no damages are claimed.

5-28      (b) Actions when the possession of lands and tenements has

5-29  been unlawfully or fraudulently obtained or withheld, when

5-30  damages claimed do not exceed $10,000 or when no damages are

5-31  claimed.

5-32      (c) Any action for the issuance of a temporary or extended

5-33  order for protection against domestic violence.

5-34      (d) An action for the issuance of a temporary or extended

5-35  order for protection against harassment in the workplace pursuant

5-36  to NRS 33.200 to 33.360, inclusive.

5-37      (e) Small claims actions under the provisions of chapter 73 of

5-38  NRS.

5-39      (f) Any action pursuant to NRS 200.591 for the issuance of a

5-40  protective order against a person alleged to be committing the

5-41  crime of stalking, aggravated stalking or harassment.

5-42      3.  As used in this section, “short trial” means a trial that is

5-43  conducted in accordance with procedures designed to limit the

5-44  length of the trial, including, without limitation, restrictions on the

5-45  amount of discovery requested by each party, the use of a jury

6-1  composed of not more than six persons, and a specified limit on

6-2  the amount of time each party may use to present his case.

6-3  Sec. 4.  NRS 38.250 is hereby amended to read as follows:

6-4  38.250  1.  Except as otherwise provided in NRS 38.310 [:]

6-5  and section 3 of this act:

6-6  (a) All civil actions filed in district court for damages, if the

6-7  cause of action arises in the State of Nevada and the amount in issue

6-8  does not exceed $40,000, must be submitted to nonbinding

6-9  arbitration in accordance with the provisions of NRS 38.250 to

6-10  38.259, inclusive, unless the parties have agreed to submit the action

6-11  to an alternative method of resolving disputes established by the

6-12  Supreme Court pursuant to NRS 38.258, including, without

6-13  limitation, a settlement conference, mediation or a binding short

6-14  trial, and that method has resulted in a binding disposition of the

6-15  action. If an action is submitted to an alternative method of

6-16  resolving disputes pursuant to this paragraph and a binding

6-17  disposition of the case does not result, the action must be submitted

6-18  to nonbinding arbitration, but the parties may agree to submit the

6-19  action to another alternative method of resolving disputes while the

6-20  nonbinding arbitration is pending or after the nonbinding arbitration

6-21  has been completed.

6-22      (b) A civil action for damages filed in justice’s court may be

6-23  submitted to arbitration or to an alternative method of resolving

6-24  disputes, including, without limitation, a settlement conference,

6-25  mediation or a binding short trial, if the parties agree to the

6-26  submission.

6-27      2.  An agreement entered into pursuant to this section must be:

6-28      (a) Entered into at the time of the dispute and not be a part of

6-29  any previous agreement between the parties;

6-30      (b) In writing; and

6-31      (c) Entered into knowingly and voluntarily.

6-32  An agreement entered into pursuant to this section that does not

6-33  comply with the requirements set forth in this subsection is void.

6-34      3.  As used in this section, “short trial” means a trial that is

6-35  conducted, with the consent of the parties to the action, in

6-36  accordance with procedures designed to limit the length of the trial,

6-37  including, without limitation, restrictions on the amount of

6-38  discovery requested by each party, the use of a jury composed of not

6-39  more than six persons, and a specified limit on the amount of time

6-40  each party may use to present his case.

6-41      Sec. 5.  NRS 487.039 is hereby amended to read as follows:

6-42      487.039  1.  If [the owner of] a vehicle [which] is towed from

6-43  private property upon the request of the owner of the private

6-44  property , or a person in lawful possession of that property , and the

6-45  owner of the vehicle believes that the vehicle was unlawfully towed,

7-1  [he] the owner of the vehicle may file a civil action pursuant to

7-2  paragraph (b) of subsection 1 of NRS 4.370 in the justice’s court of

7-3  the township where the private property is located, on a form

7-4  provided by the court, to determine whether the towing of the

7-5  vehicle was lawful.

7-6  2.  An action may be filed pursuant to this section only if the

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

7-8  $10,000.

7-9  3.  Upon the filing of a civil action pursuant to subsection 1, the

7-10  court shall schedule a date for a hearing. The hearing must be held

7-11  not later than 7 days after the action is filed. The court shall affix the

7-12  date of the hearing to the form and order a copy served by the

7-13  sheriff, constable or other process server upon the person who

7-14  authorized the towing of the vehicle.

7-15      4.  The court shall:

7-16      (a) If it determines that the vehicle was:

7-17          (1) Lawfully towed, order the owner of the vehicle to pay the

7-18  cost of towing and storing the vehicle and order the person who is

7-19  storing the vehicle to release the vehicle to the owner upon payment

7-20  of that cost; or

7-21          (2) Unlawfully towed, order the person who authorized the

7-22  towing to pay the cost of towing and storing the vehicle and order

7-23  the person who is storing the vehicle to release the vehicle to the

7-24  owner immediately; and

7-25      (b) Determine the actual cost incurred in towing and storing the

7-26  vehicle.

7-27      5.  The operator of any facility or other location where vehicles

7-28  which are towed from private property are stored shall display

7-29  conspicuously at that facility or location a sign which sets forth the

7-30  provisions of this section.

7-31      Sec. 6.  Section 1 of Senate Bill No. 88 of this session is

7-32  hereby amended to read as follows:

7-33      Section 1.  Chapter 3 of NRS is hereby amended by

7-34  adding thereto a new section to read as follows:

7-35      [1.] If an action is filed in the district court and a district

7-36  judge determines that the [sum claimed, exclusive of interest,

7-37  does not exceed $7,500,] action is properly within the

7-38  jurisdiction of the justice’s court pursuant to NRS 4.370, the

7-39  district judge may transfer original jurisdiction of the action

7-40  to the justice’s court.

7-41      [2.  For the purposes of this section, “action” includes the

7-42  following civil cases and proceedings and no others except as

7-43  otherwise provided by specific statute:

8-1  (a) An action arising on contract for the recovery of

8-2  money only, if the sum claimed, exclusive of interest, exceeds

8-3  $7,500.

8-4  (b) An action for damages for injury to the person, or for

8-5  taking, detaining or injuring personal property, or for injury

8-6  to real property where no issue is raised by the verified

8-7  answer of the defendant involving the title to or boundaries of

8-8  the real property, if the damage claimed exceeds $7,500.

8-9  (c) Except in actions for a fine imposed for a violation of

8-10  NRS 484.757, an action for a fine, penalty or forfeiture

8-11  exceeding $7,500, given by statute or the ordinance of a

8-12  county, city or town, where no issue is raised by the answer

8-13  involving the legality of any tax, impost, assessment, toll or

8-14  municipal fine.

8-15      (d) An action upon bonds or undertakings conditioned for

8-16  the payment of money, if the sum claimed exceeds $7,500.

8-17      (e) An action to recover the possession of personal

8-18  property, if the value of the property exceeds $7,500.

8-19      (f) To take and enter judgment on the confession of a

8-20  defendant, when the amount confessed, exclusive of interest,

8-21  exceeds $7,500.

8-22      (g) Of actions for the possession of lands and tenements

8-23  where the relation of landlord and tenant exists, when

8-24  damages claimed exceed $7,500.

8-25      (h) Of actions when the possession of lands and

8-26  tenements has been unlawfully or fraudulently obtained or

8-27  withheld, when damages claimed exceed $7,500.

8-28      (i) Of suits for the collection of taxes, where the amount

8-29  of the tax sued for exceeds $7,500.

8-30      (j) Of actions for the enforcement of mechanics’ liens,

8-31  where the amount of the lien sought to be enforced, exclusive

8-32  of interest, exceeds $7,500.

8-33      (k) Of actions for the enforcement of liens of owners of

8-34  facilities for storage, where the amount of the lien sought to

8-35  be enforced, exclusive of interest, exceeds $7,500.]

8-36      Sec. 7.  The amendatory provisions of sections 1 to 5,

8-37  inclusive, of this act apply to civil actions and proceedings filed on

8-38  or after January 1, 2005.

8-39      Sec. 8.  1.  This section and section 6 of this act become

8-40  effective upon passage and approval.

8-41      2.  Sections 1 to 5, inclusive, and 7 of this act become effective

8-42  on January 1, 2005.

 

8-43  H