Senate Bill No. 88–Committee on Judiciary

 

(On Behalf of the Nevada Supreme Court)

 

February 11, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Allows district judge to transfer certain civil actions to justice’s court under certain circumstances. (BDR 1‑610)

 

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 civil actions; allowing a district judge to transfer certain civil actions to the justice’s court under certain circumstances; 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. Chapter 3 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  If an action is filed in the district court and a district judge

1-4  determines that the sum claimed, exclusive of interest, does not

1-5  exceed $7,500, the district judge may transfer original jurisdiction

1-6  of the action to the justice’s court.

1-7  2.  For the purposes of this section, “action” includes the

1-8  following civil cases and proceedings and no others except as

1-9  otherwise provided by specific statute:

1-10      (a) An action arising on contract for the recovery of money

1-11  only, if the sum claimed, exclusive of interest, exceeds $7,500.

1-12      (b) An action for damages for injury to the person, or for

1-13  taking, detaining or injuring personal property, or for injury to

1-14  real property where no issue is raised by the verified answer of the

2-1  defendant involving the title to or boundaries of the real property,

2-2  if the damage claimed exceeds $7,500.

2-3  (c) Except in actions for a fine imposed for a violation of NRS

2-4  484.757, an action for a fine, penalty or forfeiture exceeding

2-5  $7,500, given by statute or the ordinance of a county, city or town,

2-6  where no issue is raised by the answer involving the legality of any

2-7  tax, impost, assessment, toll or municipal fine.

2-8  (d) An action upon bonds or undertakings conditioned for the

2-9  payment of money, if the sum claimed exceeds $7,500.

2-10      (e) An action to recover the possession of personal property, if

2-11  the value of the property exceeds $7,500.

2-12      (f) To take and enter judgment on the confession of a

2-13  defendant, when the amount confessed, exclusive of interest,

2-14  exceeds $7,500.

2-15      (g) Of actions for the possession of lands and tenements where

2-16  the relation of landlord and tenant exists, when damages claimed

2-17  exceed $7,500.

2-18      (h) Of actions when the possession of lands and tenements has

2-19  been unlawfully or fraudulently obtained or withheld, when

2-20  damages claimed exceed $7,500.

2-21      (i) Of suits for the collection of taxes, where the amount of the

2-22  tax sued for exceeds $7,500.

2-23      (j) Of actions for the enforcement of mechanics’ liens, where

2-24  the amount of the lien sought to be enforced, exclusive of interest,

2-25  exceeds $7,500.

2-26      (k) Of actions for the enforcement of liens of owners of

2-27  facilities for storage, where the amount of the lien sought to be

2-28  enforced, exclusive of interest, exceeds $7,500.

2-29      Sec. 2.  Chapter 4 of NRS is hereby amended by adding thereto

2-30  a new section to read as follows:

2-31      If an action is transferred from the district court to the justice’s

2-32  court pursuant to section 1 of this act:

2-33      1.  The transfer of the action shall not be deemed to constitute

2-34  the filing of a new action in the justice’s court, and a party to the

2-35  action may not be required to pay a new filing fee to the justice’s

2-36  court as the result of the transfer of the action; and

2-37      2.  The transfer of the action must not be construed to affect

2-38  any period of limitation concerning the filing of the action.

2-39      Sec. 3.  NRS 4.370 is hereby amended to read as follows:

2-40      4.370  1.  Except as otherwise provided in subsection 2,

2-41  justices’ courts have jurisdiction of the following civil actions and

2-42  proceedings and no others except as otherwise provided by specific

2-43  statute:

2-44      (a) In actions arising on contract for the recovery of money only,

2-45  if the sum claimed, exclusive of interest, does not exceed $7,500.

3-1  (b) In actions for damages for injury to the person, or for taking,

3-2  detaining or injuring personal property, or for injury to real property

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

3-4  involving the title to or boundaries of the real property, if the

3-5  damage claimed does not exceed $7,500.

3-6  (c) Except as otherwise provided in paragraph (l) , in actions for

3-7  a fine, penalty or forfeiture not exceeding $7,500, given by statute

3-8  or the ordinance of a county, city or town, where no issue is raised

3-9  by the answer involving the legality of any tax, impost, assessment,

3-10  toll or municipal fine.

3-11      (d) In actions upon bonds or undertakings conditioned for the

3-12  payment of money, if the sum claimed does not exceed $7,500,

3-13  though the penalty may exceed that sum. Bail bonds and other

3-14  undertakings posted in criminal matters may be forfeited regardless

3-15  of amount.

3-16      (e) In actions to recover the possession of personal property, if

3-17  the value of the property does not exceed $7,500.

3-18      (f) To take and enter judgment on the confession of a defendant,

3-19  when the amount confessed, exclusive of interest, does not exceed

3-20  $7,500.

3-21      (g) Of actions for the possession of lands and tenements where

3-22  the relation of landlord and tenant exists, when damages claimed do

3-23  not exceed $7,500 or when no damages are claimed.

3-24      (h) Of actions when the possession of lands and tenements has

3-25  been unlawfully or fraudulently obtained or withheld, when

3-26  damages claimed do not exceed $7,500 or when no damages are

3-27  claimed.

3-28      (i) Of suits for the collection of taxes, where the amount of the

3-29  tax sued for does not exceed $7,500.

3-30      (j) Of actions for the enforcement of mechanics’ liens, where the

3-31  amount of the lien sought to be enforced, exclusive of interest, does

3-32  not exceed $7,500.

3-33      (k) Of actions for the enforcement of liens of owners of facilities

3-34  for storage, where the amount of the lien sought to be enforced,

3-35  exclusive of interest, does not exceed $7,500.

3-36      (l) In actions for a fine imposed for a violation of NRS 484.757.

3-37      (m) Except in a judicial district that includes a county whose

3-38  population is 100,000 or more, in any action for the issuance of a

3-39  temporary or extended order for protection against domestic

3-40  violence.

3-41      (n) In an action for the issuance of a temporary or extended

3-42  order for protection against harassment in the workplace pursuant to

3-43  NRS 33.200 to 33.360, inclusive.

3-44      (o) In small claims actions under the provisions of chapter 73 of

3-45  NRS.

4-1  (p) In actions to contest the validity of liens on mobile homes or

4-2  manufactured homes.

4-3  (q) In any action pursuant to NRS 200.591 for the issuance of a

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

4-5  of stalking, aggravated stalking or harassment.

4-6  (r) In actions transferred from the district court pursuant to

4-7  section 1 of this act.

4-8  2.  The jurisdiction conferred by this section does not extend to

4-9  civil actions, other than for forcible entry or detainer, in which the

4-10  title of real property or mining claims or questions affecting the

4-11  boundaries of land are involved.

4-12      3.  Justices’ courts have jurisdiction of all misdemeanors and no

4-13  other criminal offenses except as otherwise provided by specific

4-14  statute. Upon approval of the district court, a justice’s court may

4-15  transfer original jurisdiction of a misdemeanor to the district court

4-16  for the purpose of assigning an offender to a program established

4-17  pursuant to NRS 176A.250.

4-18      4.  Except as otherwise provided in subsections 5 and 6, in

4-19  criminal cases the jurisdiction of justices of the peace extends to the

4-20  limits of their respective counties.

4-21      5.  In the case of any arrest made by a member of the Nevada

4-22  Highway Patrol, the jurisdiction of the justices of the peace extends

4-23  to the limits of their respective counties and to the limits of all

4-24  counties which have common boundaries with their respective

4-25  counties.

4-26      6.  Each justice’s court has jurisdiction of any violation of a

4-27  regulation governing vehicular traffic on an airport within the

4-28  township in which the court is established.

4-29      Sec. 4.  The amendatory provisions of this act apply to an

4-30  action that is:

4-31      1.  Pending on the effective date of this act; or

4-32      2.  Filed on or after the effective date of this act.

4-33      Sec. 5.  This act becomes effective upon passage and approval.

 

4-34  H