US Laws, Codes, Statutes & Cases

CHAPTER 53 - AFFIDAVITS; FOREIGN DEPOSITIONS

AFFIDAVITS

NRS 53.010              Persons before whom affidavits may be taken for use in this State.

NRS 53.020              Taking of affidavits in other states and territories for use in this State.

NRS 53.030              Certification of signature of officer to affidavit taken in another state or territory.

NRS 53.040              Taking of affidavits in foreign countries.

NRS 53.045              Use of unsworn declaration in lieu of affidavit or other sworn declaration.

FOREIGN DEPOSITIONS (UNIFORM ACT)

NRS 53.050              Short title.

NRS 53.060              Authority to act.

NRS 53.070              Uniformity of interpretation.

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AFFIDAVITS

      NRS 53.010  Persons before whom affidavits may be taken for use in this State.  An affidavit to be used before any court, judge or officer of this State may be taken before any justice, judge or clerk of any court, or any justice of the peace or notary public in this State.

      [1911 CPA § 508; RL § 5450; NCL § 8997]

      NRS 53.020  Taking of affidavits in other states and territories for use in this State.  An affidavit taken in another state or in a territory of the United States to be used in this State shall be taken before a commissioner appointed by the Governor of this State to take affidavits and depositions in such other state or territory, or before any notary public or judge of a court of record having a seal.

      [1911 CPA § 509; RL § 5451; NCL § 8998]

      NRS 53.030  Certification of signature of officer to affidavit taken in another state or territory.  When an affidavit is taken before a judge of a court in another state or in a territory of the United States, the genuineness of the signature of the judge, the existence of the court, and the fact that such judge is a member thereof shall be certified by the clerk of the court, under the seal thereof.

      [1911 CPA § 511; A 1933, 140; 1931 NCL § 9000]

      NRS 53.040  Taking of affidavits in foreign countries.  An affidavit taken in a foreign country to be used in this State shall be taken before an ambassador, minister, consul, vice consul or other consular agent of the United States, or any notary public or other person authorized by the laws of such country to administer oaths, or before any judge of a court of record of such foreign country, with the seal of the court attached, if there be one, and if there be none, then with a statement attached by the judge or clerk of the court to the effect that the court has no seal.

      [1911 CPA § 510; A 1923, 136; 1933, 140; 1931 NCL § 8999]

      NRS 53.045  Use of unsworn declaration in lieu of affidavit or other sworn declaration.  Any matter whose existence or truth may be established by an affidavit or other sworn declaration may be established with the same effect by an unsworn declaration of its existence or truth signed by the declarant under penalty of perjury, and dated, in substantially the following form:

      1.  If executed in this State: “I declare under penalty of perjury that the foregoing is true and correct.”

      Executed on...........................................         .......................................................................

                                           (date)                                                     (signature)

      2.  If executed outside this State: “I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct.”

      Executed on...........................................         .......................................................................

                                             (date)                                                   (signature)

      (Added to NRS by 1993, 2741; A 2001, 2349)

FOREIGN DEPOSITIONS (UNIFORM ACT)

      NRS 53.050  Short title.  This section and NRS 53.060 and 53.070, may be cited as the Uniform Foreign Depositions Act.

      (Added to NRS by 1971, 802)

      NRS 53.060  Authority to act.  Whenever any mandate, writ or commission is issued out of any court of record in any other state, territory, district or foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness or witnesses in this State, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in this State.

      (Added to NRS by 1971, 802)

      NRS 53.070  Uniformity of interpretation.  This section and NRS 53.050 and 53.060, shall be so interpreted and construed as to effectuate their general purposes to make uniform the law of those states which enact them.

      (Added to NRS by 1971, 802)