2005 Nevada Revised Statutes - Chapter 2 — Supreme Court
COURT AND JUSTICES
NRS 2.010 Composition;commission; oath. [Effective until the date on which the voters approve aconstitutional amendment establishing an intermediate court of appeals.]
NRS 2.010 Composition;commission; oath. [Effective on the date on which the voters approve aconstitutional amendment establishing an intermediate court of appeals.]
NRS 2.020 Qualifications.
NRS 2.030 Election;Chief Justice. [Effective until the date on which the voters approve a constitutionalamendment establishing an intermediate court of appeals.]
NRS 2.030 Election;Chief Justice. [Effective on the date on which the voters approve aconstitutional amendment establishing an intermediate court of appeals.]
NRS 2.040 Vacancyfilled by Governor; term.
NRS 2.050 Basesalary.
NRS 2.060 Pensions.[Effective through December 31, 2006.]
NRS 2.060 Pensions.[Effective January 1, 2007.]
NRS 2.065 Retirementbecause of incapacity, disability or advanced age.
NRS 2.070 Benefitsfor surviving spouse.
NRS 2.075 Benefitsfor surviving child.
NRS 2.079 Benefitsfor survivor beneficiary and additional payees.
NRS 2.083 Applicationand administration of provisions concerning pensions, retirement and benefits.
NRS 2.090 Jurisdictionto review on appeal.
NRS 2.110 Poweron appeal.
NRS 2.120 Rules.
NRS 2.130 Regularsessions; issuance of writs.
NRS 2.135 Panels.[Effective until the date on which the voters approve a constitutionalamendment establishing an intermediate court of appeals.]
NRS 2.140 Quorum.[Effective until the date on which the voters approve a constitutionalamendment establishing an intermediate court of appeals.]
NRS 2.140 Quorum;reargument of case. [Effective on the date on which the voters approve aconstitutional amendment establishing an intermediate court of appeals.]
NRS 2.150 Roomand facilities for session.
NRS 2.160 Assignmentof submitted cases; written decisions and opinions.
NRS 2.170 Justicenot to practice law.
NRS 2.180 Absencefrom State; forfeiture of office.
NRS 2.185 Appropriationfor support or operation of Court must be reduced based on administrativeassessments to be allocated to Court; duty of Court.
NRS 2.190 Powerto take and certify acknowledgments and affidavits.
NRS 2.193 Dutyto submit report to Legislature concerning cases that included charge formurder or voluntary manslaughter.
NRS 2.195 Useof facsimile signature: Conditions and restrictions.
OFFICERS AND EMPLOYEES
NRS 2.200 Appointmentof Clerk; removal.
NRS 2.210 Qualificationsof Clerk.
NRS 2.220 Salaryof Clerk.
NRS 2.230 Deputyclerks.
NRS 2.240 Clericalassistants.
NRS 2.250 Fees.
NRS 2.255 Penaltiesfor violations by Clerk.
NRS 2.260 Listof cases submitted to be published monthly by Clerk.
NRS 2.270 Destructionof obsolete exhibits by Clerk.
NRS 2.280 Powerof Clerk to take and certify acknowledgments and affidavits.
NRS 2.290 Bailiff.
NRS 2.300 Otheremployees.
NRS 2.310 OfficialReporter: Appointment; qualifications.
NEVADA REPORTS AND ADVANCE SHEETS
NRS 2.320 Reportersof decisions; duties.
NRS 2.330 Boundvolumes.
NRS 2.340 Advancesheets: Publication.
NRS 2.345 Advancesheets: Distribution without charge.
NRS 2.350 Titleof bound volumes.
NRS 2.360 Justicesto supervise and direct preparation of material.
NRS 2.370 Dutiesof stenographic clerks and Clerk of the Court.
NRS 2.380 Printingof Nevada Reports.
NRS 2.390 Distributionand sale of Nevada Reports. [Repealed.]
NRS 2.400 Moneyfor printing Nevada Reports and advance sheets.
LAW LIBRARY
NRS 2.410 Supervisionand control; regulations governing operation; Supreme Court Commission on LawLibraries. [Effective through December 31, 2006.]
NRS 2.410 Supervisionand control; regulations governing operation. [Effective January 1, 2007.]
NRS 2.420 Hoursof use by public.
NRS 2.430 Librarianand other personnel: Appointment; unclassified service; leaves of absence.
NRS 2.440 Qualificationsof Librarian.
NRS 2.450 Biennialreport.
NRS 2.460 Purchaseand exchange of publications authorized.
NRS 2.470 Chargesfor services; disposition of receipts.
NRS 2.480 Moneyfor operation and maintenance; use of Law Librarys Account.
NRS 2.490 Gifts:Deposit in Law Library Gift Fund; use.
_________
COURT AND JUSTICES
[2:19:1865; B 911; BH 2426; C 2509; RL 4829;NCL 8371](NRS A 1967, 835; 1997, 1529)
NRS2.010
[2:19:1865; B 911; BH 2426; C 2509; RL 4829;NCL 8371](NRS A 1967, 835; 1997, 1529, effective on the date on which thevoters approve a constitutional amendment establishing an intermediate court ofappeals)
1. A person may not be a candidate for or be eligibleto the office of justice of the Supreme Court:
(a) Unless he has attained the age of 25 years.
(b) Unless he is an attorney licensed and admitted topractice law in the courts of this State at the time of his election orappointment.
(c) Unless he has been an attorney licensed andadmitted to practice law in the courts of this State, another state or theDistrict of Columbia for not less than 15 years at any time preceding hiselection or appointment, at least 2 years of which has been in this State.
(d) Unless he is a qualified elector and has been abona fide resident of this State for 2 years next preceding the election orappointment.
(e) If he has ever been removed from any judicialoffice by the Legislature or removed or retired from any judicial office by theCommission on Judicial Discipline.
2. For the purposes of this section, a person iseligible to be a candidate for the office of justice of the Supreme Court if adecision to remove or retire him from a judicial office is pending appealbefore the Supreme Court or has been overturned by the Supreme Court.
[Part 1:217:1909; A 1931, 9; 1931 NCL 618] + [Part2:108:1866; A 1953, 711; 1955, 459](NRS A 1977, 762;
NRS
1. The justices of the Supreme Court must be chosen atgeneral elections by the qualified electors of this State. Except asprovisionally limited in subsections 2 and 4, each justice holds his office fora term of 6 years from and including the first Monday of January next after hiselection. The senior justice in commission is the Chief Justice, and in casethe commissions of two or more of the justices bear the same date, the justicesshall determine by lot who is the Chief Justice.
2. On October 1, 1967, the Governor shall appoint twoadditional justices for terms expiring on the first Monday in January 1969.Their successors must be chosen as follows:
(a) One justice must be chosen at the general electionin 1968, for a term of 4 years from and including the first Monday in January1969.
(b) One justice must be chosen at the general electionin 1968, for a term of 6 years from and including the first Monday in January1969.
3. At the general election in 1968, in addition to thejustices chosen pursuant to subsection 2, one justice must be chosen to succeedthe justice whose term of office, current on October 1, 1967, expires on thefirst Monday in January 1969. At the general elections in 1972 and 1974, andevery sixth year respectively thereafter, two justices must be chosen. At thegeneral election in 1970, and every sixth year thereafter, one justice must bechosen.
4. Two additional justices must be chosen at thegeneral election in 1998 for terms of 2 years which expire on the first Mondayin January 2001. Their successors must be chosen at the general election in2000, for terms of 6 years from and including the first Monday in January 2001.
5. At the general election in 1998, and every sixthyear respectively thereafter, in addition to the justices elected pursuant tosubsection 4, two justices must be chosen to succeed the justices whose termsof office expire on the first Monday in January 1999. At the general electionin 2000, and every sixth year respectively thereafter:
(a) One justice must be chosen to succeed the justicewhose term of office commenced on the first Monday in January 1995 and expireson the first Monday in January 2001.
(b) Two justices must be chosen to succeed the justiceswho served terms of 2 years pursuant to subsection 4.
At thegeneral election in 2002, and every sixth year respectively thereafter, twojustices must be chosen to succeed the justices whose terms of office expire onthe first Monday in January 2003.
[Part 1:108:1866; B 2599; BH 1636; C 1782; RL 2765; NCL 4765] + [Part 9:108:1866; B 2607; BH 1644; C 1790; RL 2773;NCL 4773] + [3:19:1865; B 912; BH 2427; C 2510; RL 4830; NCL 8372]+ [11:108:1866; B 2609; BH 1646; C 1792; RL 2775; NCL 4775](NRS A1967, 835; 1997, 1529)
NRS 2.030
1. The justices of the Supreme Court shall be chosenat general elections by the qualified electors of the State. Except asprovisionally limited in subsection 2, each justice shall hold his office forthe term of 6 years from and including the first Monday of January next afterhis election. The senior justice in commission shall be Chief Justice and incase the commissions of any two or more of the justices shall bear the samedate, they shall determine by lot who shall be Chief Justice.
2. On October 1, 1967, the Governor shall appoint twoadditional justices for terms expiring on the first Monday in January 1969.Their successors shall be chosen as follows:
(a) One justice shall be chosen at the general electionin 1968, for a term of 4 years from and including the first Monday in January1969.
(b) One justice shall be chosen at the general electionin 1968, for a term of 6 years from and including the first Monday in January1969.
3. At the general election in 1968, in addition to thejustices chosen pursuant to subsection 2, one justice shall be chosen tosucceed the justice whose term of office, current on October 1, 1967, expireson the first Monday in January 1969. At the general elections in 1972 and 1974,and every sixth year respectively thereafter, two justices shall be chosen. Atthe general election in 1970, and every sixth year thereafter, one justiceshall be chosen.
[Part 1:108:1866; B 2599; BH 1636; C 1782; RL 2765; NCL 4765] + [Part 9:108:1866; B 2607; BH 1644; C 1790; RL 2773;NCL 4773] + [3:19:1865; B 912; BH 2427; C 2510; RL 4830; NCL 8372]+ [11:108:1866; B 2609; BH 1646; C 1792; RL 2775; NCL 4775](NRS A1967, 835; 1997, 1529, effective on the date on which the voters approve aconstitutional amendment establishing an intermediate court of appeals)
NRS
[Part 48:108:1866; B 2646; BH 1683; C 1829; RL 2812; NCL 4812] + [4:19:1865; B 913; BH 2428; C 2511; RL 4831; NCL 8373]
1. Until the first Monday in January 2003, thejustices of the Supreme Court whose terms of office expire on the first Mondayin January 2003 are entitled to receive an annual base salary of $107,600. Fromand after the first Monday in January 2003, their successors in office areentitled to receive an annual base salary of $140,000.
2. Until the first Monday in January 2005, thejustices of the Supreme Court whose terms of office expire on the first Mondayin January 2005 are entitled to receive an annual base salary of $107,600. Fromand after the first Monday in January 2005, their successors in office areentitled to receive an annual base salary of $140,000.
3. Until the first Monday in January 2007, thejustices of the Supreme Court whose terms of office expire on the first Mondayin January 2007 are entitled to receive an annual base salary of $107,600. Fromand after the first Monday in January 2007, their successors in office areentitled to receive an annual base salary of $140,000.
4. All salaries provided for in this section arepayable in biweekly installments as other state officers are paid.
[1:153:1927; A 1928, 29; 1945, 208; 1951, 359; 1953,540](NRS A 1957, 543; 1961, 481; 1965, 1154; 1967, 836; 1969, 789; 1971, 2204;1977, 1013; 1981, 1371; 1985, 1607; 1989, 1896; 1995, 2514; 1997, 1530;
NRS
1. Any justiceof the Supreme Court who has served as a justice or judge of a district courtin any one or more of those courts for a period or periods aggregating 22 yearsand has ended such service is, after reaching the age of 60 years, entitled toreceive annually from the State of Nevada, as a pension during the remainder ofhis life, a sum of money equal in amount to three-fourths the sum received as asalary for his judicial services during the last year thereof, payable monthlyfrom the Judicial Retirement Fund established pursuant to
2. Any justiceof the Supreme Court who has served as a justice or judge of a district courtin any one or more of those courts for a period or periods aggregating 5 yearsand has ended such service is, after reaching the age of 60 years, entitled toreceive annually from the State of Nevada, as a pension during the remainder ofhis life, a sum of money equal in amount to 4.1666 percent of the sum receivedas a salary for his judicial services during the last year thereof, payablemonthly from the Judicial Retirement Fund established pursuant to
3. Any justiceof the Supreme Court who qualifies for a pension under the provisions ofsubsection 2 is entitled to receive, for each year served beyond 5 years up toa maximum of 22 years, an additional 4.1666 percent of the sum received as asalary for his judicial services during the last year thereof, payable asprovided in subsection 2.
4. Any justicewho has retired pursuant to subsection 3 and is thereafter recalled toadditional active service in the court system is entitled to receive credit towardaccumulating 22 years service for the maximum pension based upon the time heactually spends in the additional active service.
5. Any justicewho has the years of service necessary to retire but has not attained therequired age may retire at any age with a benefit actuarially reduced to therequired retirement age. A benefit under this subsection must be reduced in thesame manner as benefits are reduced for persons retired under the PublicEmployees Retirement System.
6. Any personreceiving a pension pursuant to the provisions of this section is entitled toreceive postretirement increases equal to those provided for persons retiredunder the Public Employees Retirement System.
7. Any justicewho desires to receive the benefits of this section must file with theExecutive Officer of the Public Employees Retirement Board an affidavitsetting forth the fact that he is ending his service, the date and place of hisbirth, and the years he has served in any district court or the Supreme Court.
8. The faith of the State of Nevada is hereby pledgedthat this section shall not be repealed or amended so as to affect any justicewho may have ended his service pursuant to it.
9. As used in this section, salary includes a salaryreceived for service on a Supreme Court Commission created by statute.
[Part 1:118:1937; A 1947, 404; 1949, 412; 1951, 362]+ [Part 2:118:1937; 1931 NCL 4881.02] + [3:118:1937; 1931 NCL 4881.03] +[Part 4:118:1937; 1931 NCL 4881.04](NRS A 1957, 283; 1960, 397; 1971, 244;1975, 370; 1979, 1082; 1981, 890; 1983, 839; 1985, 858; 1987, 834; 1993, 1167;
NRS 2.060
1. Any justiceof the Supreme Court who has served as a justice or judge of a district courtin any one or more of those courts for a period or periods aggregating 22 yearsand has ended such service is, after reaching the age of 60 years, entitled toreceive annually from the State of Nevada, as a pension during the remainder ofhis life, a sum of money equal in amount to three-fourths the sum received as asalary for his judicial services during the last year thereof, payable monthlyfrom the Judicial Retirement Fund established pursuant to
2. Any justiceof the Supreme Court who has served as a justice or judge of a district courtin any one or more of those courts for a period or periods aggregating 5 yearsand has ended such service is, after reaching the age of 60 years, entitled toreceive annually from the State of Nevada, as a pension during the remainder ofhis life, a sum of money equal in amount to 4.1666 percent of the sum receivedas a salary for his judicial services during the last year thereof, payablemonthly from the Judicial Retirement Fund established pursuant to
3. Any justiceof the Supreme Court who qualifies for a pension under the provisions ofsubsection 2 is entitled to receive, for each year served beyond 5 years up toa maximum of 22 years, an additional 4.1666 percent of the sum received as asalary for his judicial services during the last year thereof, payable asprovided in subsection 2.
4. Any justicewho has retired pursuant to subsection 3 and is thereafter recalled toadditional active service in the court system is entitled to receive credit towardaccumulating 22 years service for the maximum pension based upon the time heactually spends in the additional active service.
5. Any justicewho has the years of service necessary to retire but has not attained therequired age may retire at any age with a benefit actuarially reduced to therequired retirement age. A benefit under this subsection must be reduced in thesame manner as benefits are reduced for persons retired under the PublicEmployees Retirement System.
6. Any personreceiving a pension pursuant to the provisions of this section is entitled toreceive postretirement increases equal to those provided for persons retiredunder the Public Employees Retirement System.
7. Any justicewho desires to receive the benefits of this section must file with theExecutive Officer of the Public Employees Retirement Board an affidavitsetting forth the fact that he is ending his service, the date and place of hisbirth, and the years he has served in any district court or the Supreme Court.
8. The faith of the State of Nevada is hereby pledgedthat this section shall not be repealed or amended so as to affect any justicewho may have ended his service pursuant to it.
[Part 1:118:1937; A 1947, 404; 1949, 412; 1951, 362]+ [Part 2:118:1937; 1931 NCL 4881.02] + [3:118:1937; 1931 NCL 4881.03] +[Part 4:118:1937; 1931 NCL 4881.04](NRS A 1957, 283; 1960, 397; 1971, 244;1975, 370; 1979, 1082; 1981, 890; 1983, 839; 1985, 858; 1987, 834; 1993, 1167;
NRS
1. A justice of the Supreme Court who has served as ajustice or as a district judge in any one or more courts for a period orperiods aggregating 5 years or more and who becomes permanently incapacitated,physically or mentally, to perform the duties of his office may retire fromoffice regardless of age.
2. Any justice who retires pursuant to the provisionsof subsection 1 or who is retired because of advanced age or mental or physicaldisability pursuant to Section 21 of Article 6 of the Constitution of the Stateof Nevada is entitled to receive annually from the State of Nevada, as apension during the remainder of his life, the same pension he would receiveunder NRS 2.060 based on his years ofservice, but without regard to his age.
3. Any justice, or his guardian on his behalf if he isunable to act, who desires to retire voluntarily must give notice in writing tothe Governor. The Governor shall appoint three physicians licensed to practicemedicine in the State of Nevada to examine the justice and report the resultsto the Governor in writing. If a majority of the physicians is of the opinionthat the justice is permanently incapacitated, physically or mentally, theGovernor shall approve the retirement. The justice or his guardian must filewith the Executive Officer of the Public Employees Retirement Board anaffidavit setting forth the fact of his retirement and the years he has servedin either or both of such courts.
4. Pensions payable pursuant to this section must bepaid in the same manner as pensions are payable under
5. The faith of the State of Nevada is hereby pledgedthat this section will not be repealed or amended so as to affect adversely anyjustice who may have retired or been retired pursuant to its provisions.
(Added to NRS by 1985, 1880; A 1993, 1168;
NRS
1. If a justice of the Supreme Court at the time ofhis death had retired and was then receiving a pension under the provisions of
2. If a surviving spouse of a justice is not eligibleto receive benefits pursuant to subsection 1, he is entitled, until his deathor remarriage or until he becomes eligible to receive those benefits, toreceive payments equal in amount to the payment provided in subsection 1 of
3. To obtain these benefits, the surviving spouse mustmake application to the Executive Officer of the Public Employees RetirementBoard and furnish such information as may be required pursuant to reasonableregulations adopted for the purpose of carrying out the intent of this section.
4. Any person receiving a benefit pursuant to theprovisions of this section is entitled to receive postretirement increasesequal to those provided for persons retired under the Public EmployeesRetirement System.
5. It is the intent of this section that no specialfund be created for the purpose of paying these benefits, and all payments madeunder the provisions of this section are to be made out of and charged to theJudicial Retirement Fund established pursuant to
[1:94:1951] + [2:94:1951] + [3:94:1951](NRS A 1965,1152; 1975, 283; 1979, 947; 1981, 1205; 1985, 1890; 1987, 797, 1606; 1989,2021; 1991, 2442; 1995, 1707;
NRS
1. Each child of a deceased justice of the SupremeCourt is entitled to receive payments equal in amount to the payments providedin NRS 286.673 for the child of adeceased member of the Public Employees Retirement System.
2. In determining whether a child is a full-timestudent or financially dependent and physically or mentally incompetent, asprovided in NRS 286.673, the ExecutiveOfficer of the Public Employees Retirement Board shall use any applicable standardsand procedures established by the Public Employees Retirement Board.
3. It is the intent of this section that no specialfund be created for the payment of benefits, and all payments made under theprovisions of this section are to be made out of and charged to the JudicialRetirement Fund established pursuant to NRS1A.160.
(Added to NRS by 1987, 410; A
NRS
1. A justice of the Supreme Court may designate, inwriting, a survivor beneficiary and one or more additional payees to receivethe payments provided pursuant to this section if the justice is unmarried onthe date of his death. A designation pursuant to this section must be made on aform approved by the Court Administrator. If the justice has designated one ormore payees in addition to the survivor beneficiary, the justice must designatethe percentage of the payments that the survivor beneficiary and eachadditional payee is entitled to receive.
2. Except as otherwise provided in this subsection, ifa justice of the Supreme Court at the time of his death had retired and wasthen receiving a pension pursuant to the provisions of
3. Except as otherwise provided in this subsection, ifa survivor beneficiary of a justice is not eligible to receive benefitspursuant to subsection 2, he is entitled, until his death or until he becomeseligible to receive those benefits, to receive payments equal in amount to thepayment provided in subsection 1 of NRS286.67675 for the survivor beneficiary of a deceased member of the PublicEmployees Retirement System. If the justice had designated one or more payeesin addition to the survivor beneficiary pursuant to subsection 1, the paymentspaid pursuant to this subsection must be divided between the survivorbeneficiary and any additional payee in the proportion designated by thejustice pursuant to subsection 1.
4. To obtain the benefits authorized by subsection 3,the survivor beneficiary must make application to the Executive Officer of thePublic Employees Retirement Board and furnish such information as may berequired pursuant to reasonable regulations adopted for the purpose of carryingout the intent of this section.
5. Any person receiving a benefit pursuant to theprovisions of this section is entitled to receive postretirement increasesequal to those provided for persons retired pursuant to the Public EmployeesRetirement System.
6. It is the intent of this section that no specialfund be created for the purpose of paying these benefits, and all payments madepursuant to the provisions of this section are to be made out of and charged tothe Judicial Retirement Fund established pursuant to
(Added to NRS by
NRS
1. Apply only to a justice of the Supreme Court or asurviving spouse or surviving child of a justice of the Supreme Court whoserved as a justice of the Supreme Court or district judge before November 5,2002;
2. Are administered by the Public EmployeesRetirement Board pursuant to NRS 1A.100;and
3. Are part of the Judicial Retirement Systemestablished pursuant to NRS 1A.100.
(Added to NRS by
NRS
1. A judgment in an action or proceeding, commenced ina district court, when the matter in dispute is embraced in the generaljurisdiction of the Supreme Court, and to review upon appeal from such judgmentany intermediate order or decision involving the merits and necessarilyaffecting the judgment and, in a criminal action, any order changing orrefusing to change the place of trial of the action or proceeding.
2. An order granting or refusing a new trial in suchcases; an order in a civil action changing or refusing to change the place oftrial of the action or proceeding after motion is made therefor in the cases inwhich that court has appellate jurisdiction; and from an order granting orrefusing to grant an injunction or mandamus in the case provided for by law.
[6:19:1865; B 915; BH 2430; C 2513; RL 4833;NCL 8375](NRS A 1981, 1706)
NRS
[8:19:1865; A 1913, 274; 1919 RL 4835; NCL 8377](NRS A 1981, 1706)
1. The Supreme Court may make rules not inconsistentwith the Constitution and laws of the State for its own government, thegovernment of the district courts, and the government of the State Bar ofNevada. Such rules shall be published promptly upon adoption and take effect ona date specified by the Supreme Court which in no event shall be less than 30days after entry of an order adopting such rules.
2. The Supreme Court, by rules adopted and publishedfrom time to time, shall regulate original and appellate civil practice andprocedure, including, without limitation, pleadings, motions, writs, noticesand forms of process, in judicial proceedings in all courts of the State, forthe purpose of simplifying the same and of promoting the speedy determinationof litigation upon its merits. Such rules shall not abridge, enlarge or modifyany substantive right and shall not be inconsistent with the Constitution ofthe State of Nevada. Such rules shall be published promptly upon adoption and takeeffect on a date specified by the Supreme Court which in no event shall be lessthan 60 days after entry of an order adopting such rules.
[Part 8:19:1865; A 1913, 274; 1919 RL 4835; NCL 8377] + [1:40:1951] + [2:40:1951](NRS A 1963, 384; 1967, 112)
NRS
1. Hold such regular sessions during each calendaryear as are necessary to dispose of its business.
2. Always be open for the issuance of writs.
[9:19:1865; B 918; BH 2433; C 2516; RL 4836;NCL 8378](NRS A 1967, 209)
NRS
1. The Supreme Court may sit, hear and decide cases inpanels of three justices. Concurrence of a majority of the justices sitting ona panel is necessary to decide a case. The full Court shall reconsider any casedecided by a panel if any two justices so request.
2. The full Court may assign to a panel any case overwhich the Supreme Court has jurisdiction.
3. If panels of justices are established, the SupremeCourt shall:
(a) Adopt rules to govern the use of panels for thehearing and decision of cases.
(b) Designate the places of holding court by panels.
(Added to NRS by 1997, 1529)
NRS
[10:19:1865; B 919; BH 2434; C 2517; RL 4837;NCL 8379](NRS A 1967, 836; 1997, 1530)
NRS 2.140
[10:19:1865; B 919; BH 2434; C 2517; RL 4837;NCL 8379](NRS A 1967, 836; 1997, 1530, effective on the date on which thevoters approve a constitutional amendment establishing an intermediate court ofappeals)
NRS
[11:19:1865; B 920; BH 2435; C 2518; RL 4838;NCL 8380](NRS A 1969, 312; 1985, 221)
NRS
1. Immediately upon a case being submitted to theSupreme Court it shall be assigned to one member of the Court for thepreparation of an opinion.
2. All opinions and decisions rendered by the SupremeCourt shall be in writing, signed by the justices concurring therein, and shallbe spread at large on the records of the Court kept for that purpose.
[4:222:1913; 1919 RL p. 3314; NCL 8432] +[12:19:1865; B 921; BH 2436; C 2519; RL 4839; NCL 8381]
NRS
[Part 46:19:1865; B 951; BH 2465; C 2546; RL 4866; NCL 8408]
NRS
[Part 48:19:1865; A 1865, 185; B 953; BH 2467; C 2548; RL 4868; NCL 8410]
NRS
1. Any amount appropriated by the Legislature from theState General Fund for the support or operation of the Supreme Court during afiscal year must be reduced to the extent that the amount of any administrativeassessments distributed to the Office of the Court Administrator for allocationto the Supreme Court pursuant to NRS 176.059exceeds the amount which is authorized by the Legislature for expenditure fromthose assessments for that fiscal year.
2. The Supreme Court shall reserve for reversion eachfiscal year the amount by which an appropriation from the State General Fundmust be reduced pursuant to subsection 1, and that amount reverts to the StateGeneral Fund upon the close of that fiscal year by the State Controller.
(Added to NRS by
NRS
1. The acknowledgment of conveyances and thesatisfaction of a judgment of any court.
2. An affidavit to be used in any court of justice inthis state.
[63:19:1865; B 968; BH 2482; C 2563; RL 4883;NCL 8425]
NRS
(Added to NRS by
NRS
1. Each justice of the Supreme Court may use afacsimile signature produced through a mechanical device in place of hishandwritten signature whenever the necessity arises and upon approval of theSupreme Court, subject to the following conditions:
(a) That the mechanical device must be of such a naturethat the facsimile signature may be removed from the mechanical device and keptin a separate secure place.
(b) That the use of the facsimile signature may be madeonly under the direction and supervision of the justice whose signature itrepresents.
(c) That the entire mechanical device must at all timesbe kept in a vault, securely locked, when not in use, to prevent any misuse ofthe device.
2. No facsimile signature produced through amechanical device authorized by the provisions of this section may be combinedwith the signature of another officer.
(Added to NRS by 1989, 998)
OFFICERS AND EMPLOYEES
NRS
1. The Supreme Court shall appoint a Clerk of theSupreme Court; but any person elected to the office of Clerk of the SupremeCourt before July 1, 1957, shall continue to hold such office until theexpiration of the term for which he may have been elected.
2. The Clerk of the Supreme Court shall hold officeand be removable at the pleasure of the Supreme Court.
[12:108:1866; B 2610; BH 1647; C 1793; RL 2776; NCL 4776] + [Part 1:108:1866; B 2599; BH 1636; C 1782; RL 2765;NCL 4765] + [Part 9:108:1866; B 2607; BH 1644; C 1790; RL 2773; NCL 4773](NRS A 1957, 109)
NRS
1. He shall have attained the age of 21 years at thetime of his appointment; and
2. He shall be a qualified elector and a citizenresident of this state for 1 year next preceding his appointment.
[Part 2:108:1866; A 1953, 711; 1955, 459](NRS A1957, 109)
NRS
[Part 8:295:1953; A 1955, 527] + [8:320:1955] +[11:320:1955] + [13:320:1955](NRS A 1957, 540; 1963, 539; 1967, 456)
NRS
[Part 1:258:1951](NRS A 1973, 353; 1985, 1224)
NRS
[2:258:1951]
1. The Clerk of the Supreme Court may demand andreceive for his services rendered in discharging the duties imposed upon him bylaw the following fees:
(a) Except as otherwise provided in paragraph (d),whenever an appeal is taken to the Supreme Court, or whenever a specialproceeding by way of mandamus, certiorari, prohibition, quo warranto, habeascorpus, or otherwise is brought in or to the Supreme Court, the appellant andany cross-appellant or the party bringing a special proceeding shall, at orbefore the appeal, cross-appeal or petition for a special proceeding has beenentered on the docket, pay to the Clerk of the Supreme Court the sum of $200.
(b) Except as otherwise provided in paragraph (d), aparty to an appeal or special proceeding who petitions the Supreme Court for arehearing shall, at the time of filing such a petition, pay to the Clerk of theSupreme Court the sum of $100.
(c) Except asotherwise provided in paragraph (d), in addition to the fees required pursuantto paragraphs (a) and (b):
(1) Wheneveran appeal is taken to the Supreme Court, or whenever a special proceeding byway of mandamus, certiorari, prohibition, quo warranto, habeas corpus, orotherwise is brought in or to the Supreme Court, the appellant and any cross-appellantor the party bringing a special proceeding shall, at or before the appeal,cross-appeal or petition for a special proceeding has been entered on thedocket, pay to the Clerk of the Supreme Court a court automation fee of $50.
(2) Aparty to an appeal or special proceeding who petitions the Supreme Court for arehearing shall, at the time of filing such a petition, pay to the Clerk of theSupreme Court a court automation fee of $50.
The Clerk ofthe Supreme Court shall remit the fees collected pursuant to this paragraph tothe State Controller for credit to a special account in the State General Fund.The State Controller shall distribute the money received to the Office of CourtAdministrator to be used for advanced and improved technological purposes inthe Supreme Court. The special account is restricted to the use specified, andthe balance in the special account must be carried forward at the end of eachfiscal year. As used in this paragraph, technological purposes means theacquisition or improvement of technology, including, without limitation,acquiring or improving technology for converting and archiving records,purchasing hardware and software, maintaining the technology, trainingemployees in the operation of the technology and contracting for professionalservices relating to the technology.
(d) No fees may be charged by the Clerk in:
(1) Any action brought in or to the SupremeCourt wherein the State of Nevada or any county, city or town thereof, or anyofficer or commission thereof is a party in his or its official orrepresentative capacity, against the State of Nevada, county, city, town,officer or commission;
(2) A habeas corpus proceeding of a criminal orquasi-criminal nature; or
(3) An appeal taken from, or a specialproceeding arising out of, a criminal proceeding.
(e) A fee of $60 for Supreme Court decisions inpamphlet form for each year, or a fee of $30 for less than a 6 months supplyof decisions, to be collected from each person who requests such decisions,except those persons and agencies set forth in
(f) A fee from a person who requests a photostatic copyor a photocopy print of any paper or document in an amount determined by thejustices of the Supreme Court.
2. The Clerk of the Supreme Court shall not charge anyfee that is not authorized by law.
3. The Clerk of the Supreme Court shall keep a feebook in which the Clerk shall enter in detail the title of the matter,proceeding or action, and the fees charged therein. The fee book must be opento public inspection in the office of the Clerk.
4. The Clerk of the Supreme Court shall publish andpost in some conspicuous place in his office a table of fees for publicinspection. The Clerk shall forfeit a sum of not less than $20 for each day ofhis omission to do so, which sum with costs may be recovered by any person byfiling an action before any justice of the peace of the same county.
5. All fees prescribed in this section must be paid inadvance, if demanded. If the Clerk of the Supreme Court has not received any orall of the fees which are due to him for services rendered in any suit orproceeding, the Clerk may have execution therefor in his own name against theparty from whom they are due, to be issued from the Supreme Court upon order ofa justice thereof or from the Court upon affidavit filed.
6. The Clerk of the Supreme Court shall give a receipton demand of the party paying a fee. The receipt must specify the title of thecause in which the fee is paid and the date and the amount of the payment.
7. The Clerk of the Supreme Court shall, whendepositing with the State Treasurer money received for Court fees, render tothe State Treasurer a brief note of the cases in which the money was received.
[Part 1:49:1883; BH 2342; C 2460; RL 2005; NCL 2936] + [2:49:1883; A 1917, 30; 1921, 111; NCL 2937] + [17:49:1883; BH 2358; C 2482; RL 2019; NCL 2950] + [18:49:1883; BH 2359; C 2483; RL 2020; NCL 2951] + [23:49:1883; BH 2364; C 2488; RL 2025; NCL 2956] +[25:49:1883; BH 2366; C 2490; RL 2027; NCL 2958] + [Part 31:49:1883; BH 2372; C 2496; RL 2033; NCL 2964] + [32:49:1883; A 1919, 15; 1953, 46] +[21:49:1883; BH 2362; C 2486; RL 2023; NCL 2954] + [22:49:1883; BH 2363; C 2487; RL 2024; NCL 2955](NRS A 1971, 827, 2059; 1981, 251; 1983,469; 1985, 221, 712; 1997, 1210;
NRS
1. Violates any of the provisions of subsections 2 and3 of NRS 2.250, he shall be fined in anamount not exceeding $1,000.
2. Takes greater fees than authorized by law, heshall, upon conviction, be removed from office and fined in an amount notexceeding $1,000.
(Added to NRS by 1985, 711; A
NRS
[1:222:1913; 1919 RL p. 3313; NCL 8429]
NRS
[1:42:1937; 1931 NCL 8445.10]
NRS
1. The acknowledgment of conveyances and thesatisfaction of a judgment of any court.
2. An affidavit to be used in any court of justice inthis state.
[Part 63:19:1865; B 968; BH 2482; C 2563; RL 4883; NCL 8425]
NRS
1. One of the law clerks employed pursuant to
2. The Sheriff of Carson City to act as Bailiff of theSupreme Court. For his services as Bailiff, either in person or by deputy, heshall receive from the State, in full payment for such services, the sum of $50per calendar month when actually in attendance upon the Court, such sum to bepaid by the State Treasurer out of the biennial appropriation therefor. TheSheriff, as Bailiff, shall retain to his own use all moneys received by himunder the provisions of this subsection.
[1:90:1901; A 1923, 19; NCL 8438] + [Part8:295:1953; A 1955, 527](NRS A 1967, 137; 1969, 312)
NRS
[Part 1:4:1909; RL 4891; NCL 8441](NRS A 1957,543; 1960, 74; 1967, 834; 1971, 828)
NRS
[Part 1:10:1907; RL 4889; NCL 8439](NRS A 1973,1321; 1993, 1409)
NEVADA REPORTS AND ADVANCE SHEETS
NRS
[1:187:1915; A 1941, 94; 1931 NCL 5212](NRS A1973, 1453; 1985, 455; 1993, 1499; 1997, 8)
NRS
[2:187:1915; A 1941, 94; 1953, 13]
NRS
1. The State Printer shall furnish the reporters ofdecisions with proof sheets for their verification and correction beforepublication in permanent form. The State Printer then shall print immediatelyeach complete Supreme Court decision in pamphlet form and shall furnish theClerk of the Supreme Court with as many pamphlet copies of each decision as theClerk determines are necessary for distribution to licensed attorneys, or anyperson mentioned in NRS 2.345, or forhis use and the use of the justices of the Supreme Court. Each decision must beprinted and pamphlet copies returned to the Clerk of the Supreme Court within14 days, not including the day of delivery, after the decision has beenfurnished to the State Printer by the Clerk of the Court. For good cause shown,the Chief Justice of the Supreme Court may extend the time within which thedecision or decisions may be published.
2. At the time of delivering the copy of any decisionto the State Printer pursuant to the provisions of
[3:187:1915; A 1951, 367](NRS A 1961, 54; 1969,1517; 1971, 2061; 1973, 1453; 1985, 455; 1993, 1499; 1997, 8)
NRS
1. Each of the judges of the District Court of theUnited States, one copy.
2. The Supreme Court Law Library, two copies.
3. Each state officer, district judge, districtattorney, county clerk, justice of the peace and municipal judge in this State,one copy.
4. Each public library in this State, one copy.
5. Each library in the Nevada System of HigherEducation, one copy.
6. Each newspaper published in this State, and eachcommercial television and radio station transmitting in this State, one copyupon its annual request therefor.
(Added to NRS by 1971, 2059; A 1973, 424; 1977, 484;1979, 22; 1983, 901; 1993, 360)
NRS
[4:187:1915; 1919 RL p. 3315; NCL 5215]
NRS
[5:187:1915; 1919 RL p. 3315; NCL 5216]
NRS
1. The stenographic clerks of the Supreme Court shall,without additional compensation, assist the reporters of decisions in thepreparation of the material for the Nevada Reports.
2. Immediately after the filing of any decision by theSupreme Court, the Clerk of the Supreme Court shall mail a copy of suchdecision to counsel upon each side of the case, which copy shall bear thecertificate of such Clerk to be a full, true and correct copy of such decision.
[6:187:1915; 1919 RL p. 3315; NCL 5217](NRS A1960, 152)
NRS
[8:187:1915; A 1931, 314; 1949, 586; 1943 NCL 5219](NRS A 1967, 86; 1969, 1518; 1973, 1408, 1453; 1985, 456; 1993, 1499;1997, 9)
NRS
NRS
[Part 3:187:1915; A 1951, 367]
LAW LIBRARY
NRS
1. The Supreme Court Law Library shall be under thesupervision and control of the Supreme Court, which may make and enforce suchrules and regulations as may be necessary for the government, use and servicesof the Library. Such rules or regulations shall assure that the Library isaccessible for public use and to users in all parts of the State.
2. There is hereby created a Supreme Court Commissionon Law Libraries. The Chief Justice of the Supreme Court shall appoint justicesof the Supreme Court who are interested in issues related to improving accessby the public to the law and legal publications to serve on the Commission.
3. The Supreme Court Commission on Law Librariesshall:
(a) Advise the Supreme Court concerning the government,use and services of the Supreme Court Law Library, including, withoutlimitation, any decisions made by the Supreme Court pursuant to subsection 1and NRS 2.420 and
(b) Coordinate the development of materials to aidpersons who choose to represent themselves in litigation and other legalmatters rather than retaining an attorney; and
(c) Provide assistance and advice to the District CourtCommission on Law Libraries during its existence concerning the government, useand services of county law libraries.
4. The Commission shall meet at least quarterly andshall prepare and submit an annual report to the Office of the CourtAdministrator.
5. On January 6, 2003, the Chief Justice of theSupreme Court shall appoint two justices of the Supreme Court to serve terms onthe Supreme Court Commission on Law Libraries which begin on January 6, 2003,and end on January 2, 2005, and three justices to serve terms which begin onJanuary 6, 2003, and end on December 31, 2006. If a justice appointed pursuantto this subsection to serve on the Supreme Court Commission on Law Librariesceases to be a justice of the Supreme Court, his term as a member of theSupreme Court Commission on Law Libraries expires on the date that he ceases tobe a justice of the Supreme Court. Such a vacancy on the Supreme CourtCommission on Law Libraries may only be filled by the person appointed to fillthe vacancy on the Supreme Court and only for the remainder of the term forwhich he is appointed and actually serves.
6. Each member of the Supreme Court Commission on LawLibraries who is appointed pursuant to subsection 5 is entitled to receive asalary of $32,400 for each year that he serves on the Commission, payable inbiweekly installments.
(Added to NRS by 1973, 422; A
NRS 2.410
(Added to NRS by 1973, 422; A
NRS
(Added to NRS by 1973, 423)
NRS
1. The Supreme Court may appoint a Librarian, whoshall serve at the pleasure of the Supreme Court.
2. The Supreme Court Law Librarian, with the approvalof the Supreme Court, may employ such personnel as the execution of his dutiesand the maintenance and operation of the Library may require.
3. All of the personnel of the Supreme Court LawLibrary are exempt from the provisions of chapter284 of NRS, and are entitled to such leaves of absence as the Supreme Courtprescribes.
(Added to NRS by 1973, 422)
NRS
1. Be a graduate of a library school accredited by theAmerican Library Association;
2. Have at least 2 years of library experience in anadministrative capacity; and
3. Have at least 1 year of training in a law school or2 years of experience as an employee in a law library.
(Added to NRS by 1973, 423)
NRS
(Added to NRS by 1973, 423)
NRS
(Added to NRS by 1973, 423)
NRS
1. The Supreme Court Law Librarian may collect acharge from any person who requests any photostatic copy or photocopy print ofany paper or document from the Supreme Court Law Library or who uses anycomputerized service for legal research to which the Law Library subscribes.The amount of the charge must be set by the Supreme Court Law Librarian butmust not exceed the cost of the photographic copying process for any specificpaper or document or the cost to the Law Library for that service.
2. The money collected from the fees must be depositedin the State Treasurers office and credited to the Account of the SupremeCourt Law Library. The receipts may be expended by the Supreme Court LawLibrary pursuant to the provisions of law authorizing budgeted expenditures ofmoney not appropriated from the State General Fund by various state officers,departments, boards, agencies, commissions and institutions for specific fiscalyears.
(Added to NRS by 1973, 423; A 1987, 505)
NRS
1. Funds for operation and maintenance of the SupremeCourt Law Library must be provided by legislative appropriation from theGeneral Fund in the State Treasury as a budgeted part of the appropriation forthe support of the Supreme Court, and must be paid out on claims as otherclaims against the State are paid.
2. All unappropriated funds received by the SupremeCourt Law Library shall be deposited in the Supreme Court Law Librarys Accountand must be used for law library purposes.
(Added to NRS by 1973, 423; A 1981, 252)
NRS
(Added to NRS by 1973, 423; A 1979, 611)
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