Senate Bill No. 87–Committee on Judiciary

 

(On Behalf of the Nevada Supreme Court)

 

February 11, 2003

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions pertaining to transaction of judicial business. (BDR 1‑620)

 

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; revising the provisions pertaining to the transaction of judicial business; 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 1.130 is hereby amended to read as follows:

1-2  1.130  1.  No court except a justice’s court or a municipal

1-3  court shall be opened nor shall any judicial business be transacted

1-4  except by a justice’s court or municipal court on Sunday, or on any

1-5  day declared to be a legal holiday according to the provisions of

1-6  NRS 236.015, except for the following purposes:

1-7  (a) To give, upon their request, instructions to a jury then

1-8  deliberating on their verdict.

1-9  (b) To receive a verdict or discharge a jury.

1-10      (c) For the exercise of the power of a magistrate in a criminal

1-11  action or in a proceeding of a criminal nature.

1-12      (d) To receive communications by telephone and for the

1-13  issuance of a temporary order pursuant to subsection 5 of

1-14  NRS 33.020.

1-15      (e) For the issue of a writ of attachment, which may be issued on

1-16  each and all of the days above enumerated upon the plaintiff, or

2-1  some person in his behalf, setting forth in the affidavit required by

2-2  law for obtaining the writ the additional averment as follows:

 

2-3  That the affiant has good reason to believe, and does

2-4  believe, that it will be too late for the purpose of acquiring a

2-5  lien by the writ to wait until subsequent day for the issuance

2-6  of the same.

 

2-7  All proceedings instituted, and all writs issued, and all official acts

2-8  done on any of the days above specified, under and by virtue of this

2-9  section, shall have all the validity, force and effect of proceedings

2-10  commenced on other days, whether a lien be obtained or a levy

2-11  made under and by virtue of the writ.

2-12      2.  Nothing herein contained shall affect private transactions of

2-13  any nature whatsoever.

2-14      Sec. 2.  This act becomes effective upon passage and approval.

 

2-15  H