Senate Bill No. 106–Committee on Judiciary

 

(On Behalf of the Nevada Supreme Court)

 

February 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides for imposition of certain fees in certain actions and proceedings filed in courts of this state. (BDR 2‑614)

 

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 courts; providing for the imposition of certain additional fees in civil actions; providing that such additional fees constitute costs for the purposes of certain provisions; providing for the imposition of a court automation fee for appeals and other proceedings filed in the Supreme Court; 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 18.005 is hereby amended to read as follows:

1-2  18.005  For the purposes of NRS 18.010 to 18.150, inclusive,

1-3  the term “costs” means:

1-4  1.  Clerks’ fees.

1-5  2.  Reporters’ fees for depositions, including a reporter’s fee for

1-6  one copy of each deposition.

1-7  3.  Jurors’ fees and expenses, together with reasonable

1-8  compensation of an officer appointed to act in accordance with

1-9  NRS 16.120.

1-10      4.  Fees for witnesses at trial, pretrial hearings and deposing

1-11  witnesses, unless the court finds that the witness was called at the

1-12  instance of the prevailing party without reason or necessity.

2-1  5.  Reasonable fees of not more than five expert witnesses in an

2-2  amount of not more than $1,500 for each witness, unless the court

2-3  allows a larger fee after determining that the circumstances

2-4  surrounding the expert’s testimony were of such necessity as to

2-5  require the larger fee.

2-6  6.  Reasonable fees of necessary interpreters.

2-7  7.  The fee of any sheriff or licensed process server for the

2-8  delivery or service of any summons or subpoena used in the action,

2-9  unless the court determines that the service was not necessary.

2-10      8.  The fees of the official reporter or reporter pro tempore.

2-11      9.  Reasonable costs for any bond or undertaking required as

2-12  part of the action.

2-13      10.  Fees of a court bailiff who was required to work overtime.

2-14      11.  Reasonable costs for telecopies.

2-15      12.  Reasonable costs for photocopies.

2-16      13.  Reasonable costs for long distance telephone calls.

2-17      14.  Reasonable costs for postage.

2-18      15.  Reasonable costs for travel and lodging incurred taking

2-19  depositions and conducting discovery.

2-20      16.  Fees charged pursuant to section 2 of this act.

2-21      17.  Any other reasonable and necessary expense incurred in

2-22  connection with the action, including reasonable and necessary

2-23  expenses for computerized services for legal research.

2-24      Sec. 2.  Chapter 19 of NRS is hereby amended by adding

2-25  thereto a new section to read as follows:

2-26      1.  Except as otherwise provided in NRS 19.034, on the

2-27  commencement of any civil action in the district court for which a

2-28  filing fee is required, the clerk of court shall collect, in addition to

2-29  any other fee required by law, the following fees in any action that

2-30  involves more than one plaintiff and one defendant:

2-31      (a) A fee of $30 for each additional plaintiff named in a

2-32  complaint when the complaint is filed.

2-33      (b) A fee of $30 for each additional defendant named in an

2-34  answer when the answer is filed, or a fee of $30 for each

2-35  additional party appearing in the action when the additional party

2-36  appears in the action.

2-37      (c) If a complaint is amended to name an additional plaintiff, a

2-38  fee of $30 for each additional plaintiff named when the complaint

2-39  is amended.

2-40      2.  On or before the first Monday of each month, the clerk of

2-41  court shall pay over to the county treasurer the amount of all fees

2-42  collected by him pursuant to subsection 1. The county treasurer

2-43  shall distribute, on or before the 15th day of that month, the

2-44  money received in the following amounts for each fee received:

3-1  (a) Eight dollars for credit to a special account in the county

3-2  general fund for the use of the district court for advanced and

3-3  improved technological purposes. The special account is restricted

3-4  to the use specified, the money in the special account must not be

3-5  used to supplant existing budgets for maintenance and support of

3-6  technology, and the balance in the special account must be carried

3-7  forward at the end of each fiscal year.

3-8  (b) Seven dollars for credit to a special account in the county

3-9  general fund in each county in which legal services are provided

3-10  without charge to indigent or elderly persons through a program

3-11  for legal aid organized under the auspices of the State Bar of

3-12  Nevada, a county or local bar association, a county or municipal

3-13  program for legal services or other program funded by this state or

3-14  the United States to provide legal assistance. The county treasurer

3-15  shall remit quarterly to the organization operating the program for

3-16  legal services all the money received by him from the clerk of

3-17  court. The organization operating the program for legal services

3-18  shall use any money received pursuant to this paragraph as

3-19  follows:

3-20          (1) Five dollars for the benefit of indigent persons in the

3-21  county; and

3-22          (2) Two dollars for the benefit of elderly persons in the

3-23  county.

3-24      (c) Ten dollars to the State Controller for credit to a special

3-25  account in the State General Fund. The State Controller shall

3-26  distribute the money received to the Office of Court Administrator

3-27  for use in support and maintenance of case management systems

3-28  approved by the Office of Court Administrator, for statewide

3-29  technological purposes and for distribution to the courts for

3-30  technological purposes. The special account is restricted to the use

3-31  specified, and the balance in the special account must be carried

3-32  forward at the end of each fiscal year.

3-33      (d) Five dollars to the State Controller for credit to a special

3-34  account in the State General Fund. The State Controller shall

3-35  distribute the money received to the Office of Court Administrator

3-36  for the payment for the services of retired justices and retired

3-37  district judges. The special account is restricted to the use

3-38  specified, and the balance in the special account must be carried

3-39  forward at the end of each fiscal year.

3-40      3.  As used in this section:

3-41      (a) “Office of Court Administrator” means the Office of Court

3-42  Administrator created pursuant to NRS 1.320.

3-43      (b) “Technological purposes” means the acquisition or

3-44  improvement of technology, including, without limitation,

3-45  acquiring or improving technology for converting and archiving

4-1  records, purchasing hardware and software, maintaining the

4-2  technology, training employees in the operation of the technology

4-3  and contracting for professional services relating to the

4-4  technology.

4-5  Sec. 3.  NRS 2.250 is hereby amended to read as follows:

4-6  2.250  1.  The Clerk of the Supreme Court may demand and

4-7  receive for his services rendered in discharging the duties imposed

4-8  upon him by law the following fees:

4-9  (a) Except as otherwise provided in paragraph [(c),] (d),

4-10  whenever an appeal is taken to the Supreme Court, or whenever a

4-11  special proceeding by way of mandamus, certiorari, prohibition, quo

4-12  warranto, habeas corpus, or otherwise is brought in or to the

4-13  Supreme Court, the appellant and any cross-appellant or the party

4-14  bringing a special proceeding shall, at or before the appeal, cross-

4-15  appeal or petition for a special proceeding has been entered on the

4-16  docket, pay to the Clerk of the Supreme Court the sum of $200.

4-17      (b) Except as otherwise provided in paragraph [(c),] (d), a party

4-18  to an appeal or special proceeding who petitions the Supreme Court

4-19  for a rehearing shall, at the time of filing such a petition, pay to the

4-20  Clerk of the Supreme Court the sum of $100.

4-21      (c) Except as otherwise provided in paragraph (d), in addition

4-22  to the fees required pursuant to paragraphs (a) and (b):

4-23          (1) Whenever an appeal is taken to the Supreme Court, or

4-24  whenever a special proceeding by way of mandamus, certiorari,

4-25  prohibition, quo warranto, habeas corpus, or otherwise is brought

4-26  in or to the Supreme Court, the appellant and any cross-appellant

4-27  or the party bringing a special proceeding shall, at or before the

4-28  appeal, cross-appeal or petition for a special proceeding has been

4-29  entered on the docket, pay to the Clerk of the Supreme Court a

4-30  court automation fee of $50.

4-31          (2) A party to an appeal or special proceeding who petitions

4-32  the Supreme Court for a rehearing shall, at the time of filing such

4-33  a petition, pay to the Clerk of the Supreme Court a court

4-34  automation fee of $50.

4-35  The Clerk of the Supreme Court shall remit the fees collected

4-36  pursuant to this paragraph to the State Controller for credit to a

4-37  special account in the State General Fund. The State Controller

4-38  shall distribute the money received to the Office of Court

4-39  Administrator to be used for advanced and improved technological

4-40  purposes in the Supreme Court. The special account is restricted

4-41  to the use specified, and the balance in the special account must

4-42  be carried forward at the end of each fiscal year. As used in this

4-43  paragraph, “technological purposes” means the acquisition or

4-44  improvement of technology, including, without limitation,

4-45  acquiring or improving technology for converting and archiving

5-1  records, purchasing hardware and software, maintaining the

5-2  technology, training employees in the operation of the technology

5-3  and contracting for professional services relating to the

5-4  technology.

5-5  (d) No fees may be charged by the Clerk in:

5-6       (1) Any action brought in or to the Supreme Court wherein

5-7  the State of Nevada or any county, city or town thereof, or any

5-8  officer or commission thereof is a party in his or its official or

5-9  representative capacity, against the State of Nevada, county, city,

5-10  town, officer or commission;

5-11          (2) A habeas corpus proceeding of a criminal or quasi-

5-12  criminal nature; or

5-13          (3) An appeal taken from, or a special proceeding arising out

5-14  of, a criminal proceeding.

5-15      [(d)] (e) A fee of $60 for Supreme Court decisions in pamphlet

5-16  form for each year, or a fee of $30 for less than a 6 months’ supply

5-17  of decisions, to be collected from each person who requests such

5-18  decisions, except those persons and agencies set forth in NRS 2.345.

5-19  The Clerk may charge a reasonable fee to all parties, including,

5-20  without limitation, the persons and agencies set forth in NRS 2.345,

5-21  for access to decisions of the Supreme Court compiled in an

5-22  electronic format.

5-23      [(e)] (f) A fee from a person who requests a photostatic copy or

5-24  a photocopy print of any paper or document in an amount

5-25  determined by the justices of the Supreme Court.

5-26      2.  The Clerk of the Supreme Court shall not charge any fee that

5-27  is not authorized by law.

5-28      3.  The Clerk of the Supreme Court shall keep a fee book in

5-29  which the Clerk shall enter in detail the title of the matter,

5-30  proceeding or action, and the fees charged therein. The fee book

5-31  must be open to public inspection in the office of the Clerk.

5-32      4.  The Clerk of the Supreme Court shall publish and post in

5-33  some conspicuous place in his office a table of fees for public

5-34  inspection. The Clerk shall forfeit a sum of not less than $20 for

5-35  each day of his omission to do so, which sum with costs may be

5-36  recovered by any person by filing an action before any justice of the

5-37  peace of the same county.

5-38      5.  All fees prescribed in this section must be paid in advance, if

5-39  demanded. If the Clerk of the Supreme Court has not received any

5-40  or all of the fees which are due to him for services rendered in any

5-41  suit or proceeding, the Clerk may have execution therefor in his own

5-42  name against the party from whom they are due, to be issued from

5-43  the Supreme Court upon order of a justice thereof or from the Court

5-44  upon affidavit filed.

6-1  6.  The Clerk of the Supreme Court shall give a receipt on

6-2  demand of the party paying a fee. The receipt must specify the title

6-3  of the cause in which the fee is paid and the date and the amount of

6-4  the payment.

6-5  7.  The Clerk of the Supreme Court shall, when depositing with

6-6  the State Treasurer money received for Court fees, render to the

6-7  State Treasurer a brief note of the cases in which the money was

6-8  received.

6-9  Sec. 4.  This act becomes effective on July 1, 2003.

 

6-10  H