2005 Nevada Revised Statutes - Chapter 69 — Costs

CHAPTER 69 - COSTS

NRS 69.010 Securityfor costs.

NRS 69.020 Prevailingparty entitled to costs.

NRS 69.030 Prevailingparty allowed attorneys fee to be taxed as costs in Justice Court.

NRS 69.040 Costsmust be included in judgment; cost bill; motion to retax costs.

NRS 69.050 Awardof costs to prevailing party by district court on appeal from Justice Court.

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NRS 69.010 Securityfor costs.

1. The justice may in all cases require a deposit ofmoney to cover costs of court before issuing the summons.

2. When the plaintiff in an action is a nonresident ofthe State of Nevada, or a foreign corporation, upon motion of the oppositeparty at any time before final judgment such nonresident shall be required togive security for all costs and charges that may be awarded against him or it.When such security shall be required from a nonresident plaintiff allproceedings in the action shall be stayed until an undertaking executed by twoor more persons and approved by the justice shall be filed with the justice tothe effect that they will pay such costs and charges as may be awarded againstsuch nonresident plaintiff by judgment or during the progress of the action.The undertaking shall be in a sum not less than $100, or in lieu of theundertaking the nonresident plaintiff may deposit $100 in lawful money with thejustice, which shall be held subject to the conditions mentioned in thissection for the undertaking. When such security shall be ordered from anonresident plaintiff, it shall be furnished within 30 days from notice of theorder, or upon failure to furnish such security, judgment shall be entered forthe defendant.

3. A new or additional undertaking or deposit of cashmay be ordered by the justice at any time upon proof that the originalundertaking or deposit is insufficient and proceedings stayed for a nonresidentplaintiff until the same be furnished or judgment entered. After the lapse of30 days from notice to a nonresident plaintiff that security has been orderedas required by this subsection and upon proof that no such undertaking ordeposit of cash has been made, the justice shall enter judgment against such plaintiff.

[1911 CPA 870; A 1917, 424; NCL 9359]

NRS 69.020 Prevailingparty entitled to costs. The prevailing partyin Justice Courts is entitled to costs of the action, and also of anyproceedings taken by him in aid of an execution issued upon any judgmentrecovered therein.

[1911 CPA 871; RL 5813; NCL 9360]

NRS 69.030 Prevailingparty allowed attorneys fee to be taxed as costs in Justice Court. The prevailing party in any civil action at law in theJustice Courts of this State shall receive, in addition to the costs of courtas now allowed by law, a reasonable attorney fee. The attorney fee shall befixed by the justice and taxed as costs against the losing party.

[Part 1911 CPA 872; A 1921, 89; 1925, 331; 1937,30; 1931 NCL 9361]

NRS 69.040 Costsmust be included in judgment; cost bill; motion to retax costs.

1. The justice must tax and include in the judgmentthe costs allowed by law to the prevailing party.

2. The party in whose favor judgment is rendered andwho claims his costs must deliver to the justice, and serve a copy upon theadverse party, within 2 days after the verdict or notice of the decision of thejustice, or such further time as may be granted, a memorandum of the items ofhis costs and necessary disbursements in the action, which memorandum must beverified by the oath of the party or his attorney or agent or by the clerk ofhis attorney, stating that to the best of his knowledge and belief the itemsare correct and that the disbursements have been necessarily incurred in theaction. He shall be entitled to recover the witness fees, although at the timehe may not have actually paid them.

3. Issuance or service of subpoena shall not benecessary to entitle the prevailing party to tax as costs witness fees andmileage, providing that such witnesses be sworn and testify in the cause.

4. It shall not be necessary to embody in thememorandum the fees of the justice, but the justice shall add the sameaccording to his fees fixed by statute.

5. Within 2 days after service of a copy of thememorandum, the adverse party may move the court, upon 2 days notice to retaxand settle the costs, a copy of which notice of motion shall be filed andserved upon the prevailing party claiming costs, and thereupon the justiceshall settle the costs.

6. If the judgment is entered by default it shall notbe necessary to make service of a copy of the cost bill.

[1911 CPA 836; A 1913, 364; 1925, 15; NCL 9325]

NRS 69.050 Awardof costs to prevailing party by district court on appeal from Justice Court. In the event of an appeal the district court is authorizedto award to the prevailing party all costs of court as now allowed by lawincurred by such party, and also a reasonable attorney fee to be fixed andallowed by the district court for all services rendered in behalf of the prevailingparty.

[Part 1911 CPA 872; A 1921, 89; 1925, 331; 1937,30; 1931 NCL 9361]

 


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