2005 Nevada Revised Statutes - Chapter 3 — District Courts

CHAPTER 3 - DISTRICT COURTS

GENERAL PROVISIONS

NRS 3.001 Definitions.

NRS 3.002 ChiefJudge defined.

NRS 3.004 Departmentof the family court defined.

NRS 3.006 Familycourt defined.

NRS 3.008 Jurisdictionof the family court defined.

COURTS AND JUDGES

NRS 3.010 Judicialdistricts: Number; constitution.

NRS 3.0105 Establishmentof family court in county whose population is 100,000 or more; assignment ofjudges; required instruction.

NRS 3.0107 Impositionof ad valorem tax authorized for support of family court.

NRS 3.011 Numberof district judges for First Judicial District.

NRS 3.012 Numberof district judges for Second Judicial District; number of family court judges.

NRS 3.013 Numberof district judges for Third Judicial District.

NRS 3.014 Numberof district judges for Fourth Judicial District.

NRS 3.015 Numberof district judges for Fifth Judicial District.

NRS 3.016 Numberof district judges for Sixth Judicial District.

NRS 3.017 Numberof district judges for Seventh Judicial District.

NRS 3.018 Numberof district judges for Eighth Judicial District; number of family court judges.[Effective through December 31, 2006.]

NRS 3.018 Numberof district judges for Eighth Judicial District; number of family court judges.[Effective January 1, 2007.]

NRS 3.019 Numberof district judges for Ninth Judicial District.

NRS 3.020 Judicialdistricts with more than one judge: Concurrent jurisdiction of judges.

NRS 3.025 ChiefJudge in certain judicial districts: Selection; duties; assignment of certaincases to same department of family court.

NRS 3.026 ChiefJudge in certain judicial districts: Additional duties.

NRS 3.027 Coursesof instruction: General requirements; payment of costs.

NRS 3.028 Coursesof instruction: Required attendance at course designed for training new judgesof juvenile courts and family courts; payment of costs.

NRS 3.029 Trainingconcerning complex issues of medical malpractice litigation.

NRS 3.030 Salary.

NRS 3.040 Exofficio circuit judges; powers of Chief Justice to expedite judicial business.

NRS 3.060 Qualifications.

NRS 3.070 Resignation.

NRS 3.080 Vacancyfilled by Governor; term.

NRS 3.090 Pensions.

NRS 3.092 Retirementbecause of incapacity, disability or advanced age.

NRS 3.095 Benefitsfor surviving spouse.

NRS 3.097 Benefitsfor surviving child.

NRS 3.098 Benefitsfor survivor beneficiary and additional payees.

NRS 3.099 Applicationand administration of provisions concerning pensions, retirement and benefits.

NRS 3.100 Districtcourt to be held at county seat; exceptions; courtroom, office and facilitiesto be provided by county.

NRS 3.110 Requestfor military aid to assist civil authorities in suppressing violence.

NRS 3.120 Districtjudge not to practice law.

NRS 3.130 Acceptanceof gratuity in connection with marriage unlawful.

NRS 3.140 Absencefrom State; forfeiture of office.

NRS 3.150 Powerto take and certify acknowledgments and affidavits.

NRS 3.155 Useof facsimile signature: Conditions and restrictions.

NRS 3.160 Missingvolumes of Statutes of Nevada and Nevada Reports to be supplied.

NRS 3.170 Signingof records left unsigned by predecessor.

NRS 3.180 Performanceof certain acts in civil actions after term expires or cessation of exercise ofduties.

NRS 3.220 Equalcoextensive and concurrent jurisdiction.

NRS 3.221 Transferof original jurisdiction to Justice Court.

NRS 3.223 Jurisdictionof family courts.

NRS 3.225 Familycourt to encourage resolution of certain disputes through nonadversarialmethods; cooperation to provide support services.

NRS 3.227 Informationform for family court: Development; contents; use.

NRS 3.230 Statementsupon matters of fact.

NRS 3.240 Writtendecisions.

NRS 3.243 Reportof certain statistical information to be submitted to Court Administrator.

OFFICERS AND EMPLOYEES

NRS 3.245 Appointmentof masters for criminal proceedings.

NRS 3.250 Countyclerk to be clerk of court.

NRS 3.260 Deputyclerks.

NRS 3.270 Dutyof clerks to give receipts and pay over money.

NRS 3.275 Clerkto obtain and maintain information regarding civil cases.

NRS 3.280 Clerkto keep register of civil actions.

NRS 3.300 Powerof clerks to take and certify acknowledgments and affidavits.

NRS 3.305 Destructionor disposal of exhibits by clerk.

NRS 3.307 Destructionor disposal of exhibits in civil actions.

NRS 3.310 Bailiff.

NRS 3.320 Officialreporter: Appointment; duties.

NRS 3.340 Officialreporter: Attention to duties; reporter pro tempore.

NRS 3.350 Officialreporter: Oath of office.

NRS 3.360 Officialreporter: Report prima facie evidence.

NRS 3.370 Officialreporter: Compensation.

NRS 3.380 Soundrecording equipment: Installation; operation; transcription of recording; useof transcript; provision by party of certified court reporter; effect.

ACTIONS RELATING TO PATERNITY OR SUPPORT OF CHILDREN

NRS 3.405 Masters:Appointment; powers and duties; findings.

NRS 3.415 Timefor disposition of cases.

MEDIATION OF CASES INVOLVING CUSTODY OR VISITATION OF CHILD

NRS 3.475 Establishmentof programs of mandatory mediation in county whose population is 400,000 ormore; report to Legislature.

NRS 3.500 Establishmentof programs of mandatory mediation in county whose population is 100,000 ormore but less than 400,000; report to Legislature.

_________

GENERAL PROVISIONS

NRS 3.001 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS3.002 to 3.008, inclusive, have themeanings ascribed to them in those sections.

(Added to NRS by 1999, 706; A 1999, 2025)

NRS 3.002 ChiefJudge defined. Chief Judge means a districtjudge who is chosen as the Chief Judge of a judicial district pursuant to NRS 3.025.

(Added to NRS by 1999, 706)

NRS 3.004 Departmentof the family court defined. Department ofthe family court means any department of the district court that is designatedas a department of the family court.

(Added to NRS by 1999, 2019)

NRS 3.006 Familycourt defined. Family court means thedivision of the district court that is established as a family court pursuantto NRS 3.0105.

(Added to NRS by 1999, 706)

NRS 3.008 Jurisdictionof the family court defined. Jurisdiction ofthe family court means the jurisdiction of the family court that isestablished in NRS 3.223.

(Added to NRS by 1999, 2020)

COURTS AND JUDGES

NRS 3.010 Judicialdistricts: Number; constitution. The State ishereby divided into nine judicial districts, as follows:

First Judicial District. Carson City and theCounty of Storey constitute the First Judicial District.

Second Judicial District. The County of Washoeconstitutes the Second Judicial District.

Third Judicial District. The Counties ofChurchill and Lyon constitute the Third Judicial District.

Fourth Judicial District. The County of Elkoconstitutes the Fourth Judicial District.

Fifth Judicial District. The Counties ofMineral, Esmeralda and Nye constitute the Fifth Judicial District.

Sixth Judicial District. The Counties ofLander, Pershing and Humboldt constitute the Sixth Judicial District.

Seventh Judicial District. The Counties ofEureka, White Pine and Lincoln constitute the Seventh Judicial District.

Eighth Judicial District. The County of Clarkconstitutes the Eighth Judicial District.

Ninth Judicial District. The County of Douglasconstitutes the Ninth Judicial District.

[1:440:1955](NRS A 1957, 144, 362; 1960, 329; 1965,558; 1967, 1347; 1969, 312; 1971, 1086; 1973, 1706; 1975, 506, 1459; 1977, 663,1399; 1979, 1103; 1981, 1953)

NRS 3.0105 Establishmentof family court in county whose population is 100,000 or more; assignment ofjudges; required instruction.

1. There is hereby established, in each judicialdistrict that includes a county whose population is 100,000 or more, a familycourt as a division of the district court.

2. If the caseload of the family court so requires,the Chief Judge may assign one or more district judges of the judicial districtto act temporarily as judges of the family court.

3. If for any reason a judge of the family court isunable to act, any other district judge of the judicial district may beassigned as provided in subsection 2 to act temporarily as judge of the familycourt.

4. A district judge assigned to the family courtpursuant to subsection 2 or 3 for a period of 90 or more days must attend theinstruction required pursuant to subsection 1 of NRS 3.028. District judges must not beassigned to the family court pursuant to subsections 2 and 3 on a rotatingbasis.

(Added to NRS by 1991, 2174; A 1995, 1493; 1999, 706)

NRS 3.0107 Impositionof ad valorem tax authorized for support of family court.

1. For the fiscal years beginning on and after July 1,1991, the board of county commissioners of each county whose population is100,000 or more may levy an ad valorem tax of not more than 1.92 cents on each$100 of assessed valuation upon all taxable property in the county for thesupport of the family court in the judicial district that includes that county.

2. The proceeds of the tax imposed pursuant to thissection are exempt from the limitations imposed by NRS 354.59811 and must be excluded indetermining the allowed revenue from taxes ad valorem for the county.

(Added to NRS by 1991, 2323)

NRS 3.011 Numberof district judges for First Judicial District. Forthe First Judicial District there must be two district judges.

(Added to NRS by 1981, 1954)

NRS 3.012 Numberof district judges for Second Judicial District; number of family court judges. For the Second Judicial District there must be 12 districtjudges, 4 of whom must be judges of the family court.

(Added to NRS by 1979, 1104; A 1989, 955; 1991, 2175;1997, 3; 2001, 2746)

NRS 3.013 Numberof district judges for Third Judicial District. Forthe Third Judicial District there must be three district judges.

(Added to NRS by 1981, 1954; A 1987, 1859; 1997,1733)

NRS 3.014 Numberof district judges for Fourth Judicial District. Forthe Fourth Judicial District there must be two district judges.

(Added to NRS by 1981, 1954; A 1987, 1859)

NRS 3.015 Numberof district judges for Fifth Judicial District. Forthe Fifth Judicial District there must be two district judges.

(Added to NRS by 1981, 1954; A 1999, 2575)

NRS 3.016 Numberof district judges for Sixth Judicial District. Forthe Sixth Judicial District there must be two district judges.

(Added to NRS by 1981, 1954)

NRS 3.017 Numberof district judges for Seventh Judicial District. Forthe Seventh Judicial District there must be two district judges.

(Added to NRS by 1981, 1954; A 1991, 2170)

NRS 3.018 Numberof district judges for Eighth Judicial District; number of family court judges.[Effective through December 31, 2006.] For theEighth Judicial District there must be 33 district judges, 12 of whom must bejudges of the family court.

(Added to NRS by 1981, 1135, 1954; A 1981, 1956;1991, 2176; 1995, 854; 1997, 1753; 1999, 2610; 2001, 2746)

NRS 3.018 Number of district judges for EighthJudicial District; number of family court judges. [Effective January 1, 2007.] For the Eighth Judicial District there must be 37 districtjudges, 13 of whom must be judges of the family court.

(Added to NRS by 1981, 1135, 1954; A 1981, 1956;1991, 2176; 1995, 854; 1997, 1753; 1999, 2610; 2001, 2746; 2005, 1970,effective January 1, 2007)

NRS 3.019 Numberof district judges for Ninth Judicial District. Forthe Ninth Judicial District there must be two district judges.

(Added to NRS by 1981, 1954)

NRS 3.020 Judicialdistricts with more than one judge: Concurrent jurisdiction of judges. In judicial districts where more than one judge has beenprovided for, the judges have concurrent and coextensive jurisdiction withinthe district, under such rules as may be prescribed by law, and the districtjudges therein may make additional rules, not inconsistent with law, which willenable them to transact judicial business in a convenient and lawful manner.

[2:440:1955](NRS A 1981, 1954)

NRS 3.025 ChiefJudge in certain judicial districts: Selection; duties; assignment of certaincases to same department of family court.

1. In eachjudicial district that includes a county whose population is 100,000 or more,the district judges of that judicial district shall choose from among thosedistrict judges a Chief Judge who is to be the presiding judge of the judicialdistrict.

2. The ChiefJudge shall:

(a) Assigncases to each judge in the judicial district;

(b) Prescribethe hours of court;

(c) Adopt suchother rules or regulations as are necessary for the orderly conduct of courtbusiness; and

(d) Perform allother duties of the Chief Judge or of a presiding judge that are set forth inthis chapter and any other provision of NRS.

3. If a case involves a matter within the jurisdictionof the family court and:

(a) The parties to the case are also the parties in anyother pending case or were the parties in any other previously decided caseassigned to a department of the family court in the judicial district; or

(b) A child involved in the case is also involved inany other pending case or was involved in any other previously decided caseassigned to a department of the family court in the judicial district, otherthan a case within the jurisdiction of the juvenile court pursuant to title 5of NRS,

the ChiefJudge shall assign the case to the department of the family court to which theother case is presently assigned or, if the other case has been decided, to thedepartment of the family court that decided the other case, unless a differentassignment is required by another provision of NRS, a court rule or the NevadaCode of Judicial Conduct or the Chief Judge determines that a differentassignment is necessary because of considerations related to the management ofthe caseload of the district judges within the judicial district. If a casedescribed in this subsection is heard initially by a master, therecommendation, report or order of the master must be submitted to the districtjudge of the department of the family court to which the case has been assignedpursuant to this subsection for consideration and decision by that districtjudge.

(Added to NRS by 1971, 1502; A 1981, 873; 1999, 706, 2020; 2003, 1114)

NRS 3.026 ChiefJudge in certain judicial districts: Additional duties.

1. In each judicial district that includes a countywhose population is 100,000 or more, in addition to the other duties set forthin NRS 3.025:

(a) The Chief Judge shall ensure that:

(1) The procedures which govern theconsideration and disposition of cases and other proceedings within thejurisdiction of the district court are applied as uniformly as practicable; and

(2) Cases and other proceedings within thejurisdiction of the district court are considered and decided in a timelymanner.

(b) Except as otherwise provided in subsection 2, theChief Judge shall establish procedures for addressing grievances that are:

(1) Submitted to the Chief Judge by a party in acase or other proceeding within the jurisdiction of the district court; and

(2) Directly related to the administration ofthe case or other proceeding.

2. For the purposes of paragraph (b) of subsection 1,a party in a case or other proceeding within the jurisdiction of the districtcourt may not submit to the Chief Judge a grievance that:

(a) Addresses, in whole or in part, the merits of thecase or other proceeding; or

(b) Challenges, in whole or in part, the merits of anydecision or ruling in the case or other proceeding that is made by:

(1) The district court; or

(2) A master or other person who is actingpursuant to an order of the district court or pursuant to any authority that isgranted to the master or other person by a specific statute, including, withoutlimitation, NRS 3.405, 3.475 and 3.500.

(Added to NRS by 1999, 703)

NRS 3.027 Coursesof instruction: General requirements; payment of costs.

1. The Court Administrator shall, at the direction ofthe Chief Justice of the Supreme Court, arrange for the giving of instruction,at the National Judicial College in Reno, Nevada, or elsewhere:

(a) In court procedure, recordkeeping and the elementsof substantive law appropriate to a district court, to each district judge,other than a judge of the family court, who is first elected or appointed tooffice after October 1, 1995, within 12 months after taking office, and toother district judges who so desire and who can be accommodated.

(b) In court procedure, recordkeeping and the elementsof substantive law appropriate to a district court, to each judge of the familycourt who is first elected or appointed to office after October 1, 1995, within24 months after taking office.

(c) In statutory amendments and other developments inthe law appropriate to a district court, to all district judges at convenientintervals.

2. The costs of the instruction must be paid from theAccount for Continuing Judicial Education. The Court Administrator shalladminister the Account and claims against the Account must be paid as otherclaims against the State are paid.

(Added to NRS by 1981, 1368; A 1985, 713; 1987, 1025;1995, 1494)

NRS 3.028 Coursesof instruction: Required attendance at course designed for training new judgesof juvenile courts and family courts; payment of costs.

1. Unless he has previously attended such a course,each judge of the family court who is first elected or appointed on or afterOctober 1, 1995, shall attend instruction at the National College of Juvenileand Family Law in Reno, Nevada, in a course designed for the training of newjudges of juvenile courts and family courts, within 12 months after taking office.

2. Unless he has previously attended such a course,each district judge who is first elected or appointed on or after October 1,1995, in a judicial district that does not include a county whose population is100,000 or more, shall attend instruction at the National College of Juvenileand Family Law in Reno, Nevada, in a course designed for the training of newjudges of juvenile courts and family courts, within 24 months after takingoffice.

3. The cost of the instruction must be paid from theAccount for Continuing Judicial Education.

(Added to NRS by 1991, 2175; A 1995, 1494)

NRS 3.029 Trainingconcerning complex issues of medical malpractice litigation. The Supreme Court shall provide by court rule formandatory appropriate training concerning the complex issues of medicalmalpractice litigation for each district judge to whom actions involvingmedical malpractice are assigned.

(Added to NRS by 2002 Special Session,12)

NRS 3.030 Salary.

1. Until the first Monday in January 2003, the annualbase salary of each district judge is $100,000. From and after the first Mondayin January 2003, the annual base salary of each district judge is $130,000.

2. If a district judge has served in his office for atleast 4 years, he is entitled to an additional salary of 2 percent of hisannual base salary for each year of service. The additional salary must notexceed 22 percent of his annual base salary.

3. The annual base salaries and the additional salaryfor longevity must be paid in biweekly installments out of the District JudgesSalary Account of the Supreme Court.

4. No salary of any district judge may be paid inadvance.

[3:440:1955](NRS A 1961, 658; 1965, 1154; 1969, 790;1971, 2205; 1977, 1013; 1981, 252, 1360; 1985, 1607, 1608; 1989, 1896, 2119;1995, 2515; 1999,3196; 2001, 3112)

NRS 3.040 Exofficio circuit judges; powers of Chief Justice to expedite judicial business.

1. The district judges shall also serve as ex officiocircuit judges, and in that capacity shall perform such judicial duties as maybe designated by the Chief Justice of the Supreme Court as provided insubsection 2.

2. The Chief Justice shall seek to expedite judicialbusiness and to equalize the work of the district judges, and shall provide forthe assignment of any district judge to another district court to assist acourt or judge whose calendar is congested, to act for a district judge who isdisqualified or unable to act, or to sit and hold court where a vacancy in theoffice of district judge has occurred.

[5:440:1955](NRS A 1961, 659; 1981, 1954)

NRS 3.060 Qualifications.

1. A person may not be a candidate for or be eligibleto the office of district judge:

(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 a total of not less than 10 years at any timepreceding his election or appointment, at least 2 years of which has been inthis 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 district judge if a decision toremove or retire him from a judicial office is pending appeal before theSupreme Court or has been overturned by the Supreme Court.

[Part 2:108:1866; A 1953, 711; 1955, 459] + [Part1:217:1909; A 1931, 9; 1931 NCL 618](NRS A 1977, 762; 1999, 94; 2005, 1211)

NRS 3.070 Resignation. Resignation of office by a district judge must be made tothe Governor and to the Court Administrator. The Governor shall notify theCourt Administrator as soon as practicable upon his acceptance of theresignation or retirement of a district judge.

[Part 34:108:1866; B 2632; BH 1669; C 1815; RL 2798; NCL 4798](NRS A 1989, 326)

NRS 3.080 Vacancyfilled by Governor; term.

1. The Governor shall declare vacant the office ofdistrict judge.

2. Whenever any vacancy shall occur in the office ofdistrict judge the Governor shall fill the same by granting a commission, whichshall expire at the next general election by the people and upon thequalification of his successor, at which election a district judge shall bechosen for the balance of the unexpired term.

[Part 38:108:1866; B 2636; BH 1673; C 1819; RL 2802; NCL 4802] + [Part 48:108:1866; B 2646; BH 1683; C 1829; RL 2812; NCL 4812]

NRS 3.090 Pensions.

1. Any judge of the district court who has served as ajustice of the Supreme Court or judge of a district court in any one or more ofthose courts for a period or periods aggregating 22 years and has ended suchservice is, after reaching the age of 60 years, entitled to receive annuallyfrom the State of Nevada, as a pension during the remainder of his life, a sumof money equal in amount to three-fourths the sum received as a salary for hisjudicial services during the last year thereof, payable monthly from theJudicial Retirement Fund established pursuant to NRS 1A.160.

2. Any judge of the district court who has served as ajustice of the Supreme Court or judge of a district court in any one or more ofthose courts for a period or periods aggregating 5 years and has ended suchservice is, after reaching the age of 60 years, entitled to receive annuallyfrom the State of Nevada, as a pension during the remainder of his life, a sumof money equal in amount to 4.1666 percent of the sum received as a salary forhis judicial services during the last year thereof, payable monthly from theJudicial Retirement Fund established pursuant to NRS 1A.160.

3. Any judge of the district court who qualifies for apension under the provisions of subsection 2 is entitled to receive, for eachyear served beyond 5 years up to a maximum of 22 years, an additional 4.1666percent of the sum received as a salary for his judicial services during thelast year thereof, payable as provided in subsection 2.

4. Any judge who has retired pursuant to subsection 3and is thereafter recalled to additional active service in the court system isentitled to receive credit toward accumulating 22 years service for themaximum pension based upon the time he actually spends in the additional activeservice.

5. Any district judge who has the years of servicenecessary to retire but has not attained the required age may retire at any agewith a benefit actuarially reduced to the required retirement age. A retirementbenefit under this subsection must be reduced in the same manner as benefitsare reduced for persons retired under the Public Employees Retirement System.

6. Any person receiving a pension pursuant to theprovisions of this section is entitled to receive postretirement increasesequal to those provided for persons retired in the Public Employees RetirementSystem.

7. Any judge of the district court who desires toreceive the benefits of this section must file with the Executive Officer ofthe Public Employees Retirement Board an affidavit setting forth the fact thathe is ending his service, the date and place of his birth, and the years he hasserved 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 judge ofthe district court who 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] +[4:118:1937; 1931 NCL 4881.04](NRS A 1957, 284; 1960, 398; 1971, 245; 1975,371; 1979, 1083; 1981, 891; 1983, 840; 1985, 859; 1987, 835; 1993, 1169; 2001, 3112; 2001 Special Session,90; 2003, 221)

NRS 3.092 Retirementbecause of incapacity, disability or advanced age.

1. A district judge who has served as a district judgeor as a justice of the Supreme Court 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 district judge who retires pursuant to theprovisions of subsection 1 or who is retired because of advanced age orphysical or mental disability pursuant to Section 21 of Article 6 of theConstitution of the State of Nevada is entitled to receive annually from theState of Nevada, a pension for the remainder of his life, the same pension hewould receive under NRS 3.090 based onhis years of service but without regard to his age.

3. Any judge, 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 judge and report the results tothe Governor in writing. If a majority of the physicians is of the opinion thatthe judge is permanently incapacitated, physically or mentally, the Governorshall approve the retirement. The judge or his guardian must file with theExecutive Officer of the Public Employees Retirement Board an affidavitsetting forth the fact of his retirement and the years he has served in eitheror both of such courts.

4. Pensions payable pursuant to this section must bepaid in the same manner as pensions payable under NRS 3.090. Fees and expenses of physiciansappointed pursuant to this section must be paid from the Judicial RetirementAdministrative Fund established pursuant to NRS1A.200.

5. The faith of the State of Nevada is hereby pledgedthat this section will not be repealed or amended so as to affect adversely anyjudge who may have retired or been retired pursuant to its provisions.

(Added to NRS by 1985, 1881; A 1993, 1170; 2001 Special Session, 91)

NRS 3.095 Benefitsfor surviving spouse.

1. If a district judge at the time of his death hadretired and was then receiving a pension under the provisions of NRS 3.090, or if at the time of his deaththe judge had not retired but had performed sufficient service for retirementunder the provisions of NRS 3.090, thesurviving spouse, if the spouse has attained the age of 60 years, is entitled,until his death or remarriage, to receive monthly payments of $2,500 per month.

2. If a surviving spouse of a judge is not eligible toreceive benefits pursuant to subsection 1, he is entitled, until his death orremarriage or until he becomes eligible to receive those benefits, to receivepayments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceasedmember of the Public Employees Retirement System.

3. To obtain these benefits, the surviving spouse mustmake application to the Executive Officer of the Public Employees RetirementFund 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 NRS 1A.160

(Added to NRS by 1965, 1153; A 1975, 310; 1979, 947;1981, 1206; 1985, 1890; 1987, 798, 1606; 1989, 2022; 1991, 2442; 1995, 1708; 1999, 2949; 2001 Special Session,92)

NRS 3.097 Benefitsfor surviving child.

1. Each child of a deceased district judge is entitledto receive payments equal in amount to the payments provided in NRS 286.673 for the child of a deceasedmember 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 2001 Special Session,92)

NRS 3.098 Benefitsfor survivor beneficiary and additional payees.

1. A district judge may designate, in writing, asurvivor beneficiary and one or more additional payees to receive the paymentsprovided pursuant to this section if the judge is unmarried on the date of hisdeath. A designation pursuant to this section must be made on a form approvedby the Court Administrator. If the district judge has designated one or morepayees in addition to the survivor beneficiary, the district judge mustdesignate the percentage of the payments that the survivor beneficiary and eachadditional payee is entitled to receive.

2. Except as otherwise provided in this subsection, ifa district judge at the time of his death had retired and was then receiving apension pursuant to the provisions of NRS3.090, or if at the time of his death the district judge had not retiredbut had performed sufficient service for retirement pursuant to the provisionsof NRS 3.090, the survivor beneficiarydesignated pursuant to subsection 1, if the survivor beneficiary has attainedthe age of 60 years, is entitled, until his death, to receive monthly paymentsof $2,500 per month. If the district judge had designated one or more payees inaddition to the survivor beneficiary pursuant to subsection 1, the monthlypayments paid pursuant to this subsection must be divided between the survivorbeneficiary and any additional payee in the proportion designated by thedistrict judge pursuant to subsection 1.

3. Except as otherwise provided in this subsection, ifa survivor beneficiary of a district judge 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 district judge had designated one or morepayees in addition to the survivor beneficiary pursuant to subsection 1, thepayments paid pursuant to this subsection must be divided between the survivorbeneficiary and any additional payee in the proportion designated by the districtjudge 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 NRS 1A.160.

(Added to NRS by 2001, 1293; A 2001 Special Session,101, 102; 2003, 2075)

NRS 3.099 Applicationand administration of provisions concerning pensions, retirement and benefits. The provisions of NRS3.090 to 3.099, inclusive:

1. Apply only to a district judge or a survivingspouse or surviving child of a district judge who served as a justice of theSupreme 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 2001 Special Session,90)

NRS 3.100 Districtcourt to be held at county seat; exceptions; courtroom, office and facilitiesto be provided by county.

1. Except as otherwise provided in this subsection,the district courts shall hold court at the county seat of their respectivecounties. The board of county commissioners may establish one or moreadditional locations within the county for the district court to hold court.

2. If a room for holding court at the county seat isnot provided by the county, together with attendants, fuel, lights andstationery, suitable and sufficient for the transaction of business, the court maydirect the sheriff to provide such room, attendants, fuel, lights andstationery, and the expenses thereof shall be a county charge.

3. An office at each county seat must be provided andfurnished by and at the expense of the several counties for the severaldistrict judges. Whenever the county commissioners of any county neglect orrefuse to provide and furnish such an office for the use of the district judge,the district judge may make an order, which must be entered upon the minutes ofthe court, requiring the sheriff to provide and furnish the office. Thenecessary expenses incurred therein are a legal and valid claim against thecounty.

[1:66:1869; B 2916; BH 1928; C 2577; RL 4921;NCL 8468] + [18:19:1865; B 926; BH 2440; C 2521; RL 4841; NCL 8383](NRS A 1999,2575)

NRS 3.110 Requestfor military aid to assist civil authorities in suppressing violence. When there is an unlawful or riotous assembly with theintent to commit a felony, or to offer violence to person or property, or toresist, by force, the laws of the State, and the fact is made to appear to adistrict judge, he may call upon the Governor for military aid in the mannerprovided by law, to aid the civil authorities in suppressing violence andenforcing the laws.

[Part 93:108:1866; B 2691; BH 1728; C 1874; RL 2840; NCL 4840] + [94:108:1866; B 2692; BH 1729; C 1875; RL 2841;NCL 4841](NRS A 1967, 1340)

NRS 3.120 Districtjudge not to practice law. A district judgemay not engage in the private practice of law.

[Part 46:19:1865; B 951; BH 2465; C 2546; RL 4866; NCL 8408](NRS A 1979, 1286)

NRS 3.130 Acceptanceof gratuity in connection with marriage unlawful. Itshall be unlawful for any district judge, acting as district judge or exofficio circuit judge, to accept any fee, gratuity or any thing of value for orin connection with solemnizing any marriage in this state.

[4:440:1955]

NRS 3.140 Absencefrom State; forfeiture of office. A districtjudge shall not absent himself from this State for more than 90 consecutivedays. A violation of the provisions of this section shall work a forfeiture ofoffice.

[Part 48:19:1865; A 1865, 185; B 953; BH 2467; C 2548; RL 4868; NCL 8410]

NRS 3.150 Powerto take and certify acknowledgments and affidavits. Thejudges of the district courts shall have power in any part of the State to takeand certify:

1. The acknowledgment of conveyances and thesatisfaction of a judgment of any court.

2. An affidavit to be used in any court of justice ofthis state.

[Part 63:19:1865; B 968; BH 2482; C 2563; RL 4883; NCL 8425]

NRS 3.155 Useof facsimile signature: Conditions and restrictions.

1. Each district judge may use a facsimile signatureproduced through a mechanical device in place of his handwritten signaturewhenever the necessity arises and upon approval of the Supreme Court, subjectto 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 district judge whose signatureit represents.

(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)

NRS 3.160 Missingvolumes of Statutes of Nevada and Nevada Reports to be supplied. Upon the certification by any district judge of anyjudicial district or by the county clerk of any county to the Director of theLegislative Counsel Bureau certifying that certain volumes of the Statutes ofNevada or Nevada Reports are missing from the library of any district judge,the Legislative Counsel Bureau shall furnish, free of charge from the supply onhand, to the district judge in any judicial district, the missing volumes ofthe Statutes of Nevada or Nevada Reports for use by the district judge in thedistrict judges library.

[1:54:1935; 1931 NCL 8452.10](NRS A 1969, 26;1973, 1408; 1985, 222)

NRS 3.170 Signingof records left unsigned by predecessor. Atany time after March 22, 1911, it shall be lawful for the district judge ofeach judicial district, during his continuance in office, to sign any and allminutes and records of the court of the district for which he is incumbent, inwhatsoever district or county the same may be, left unsigned by his predecessorin office or by any district judge previously sitting in the district orcounty, and such minutes and records, when thus signed, shall have the sameforce and effect to which they would have been entitled had they been signed bysuch predecessor in office, or by such district judge previously sitting in thedistrict or the county.

[1:161:1911; RL 4923; NCL 8470]

NRS 3.180 Performanceof certain acts in civil actions after term expires or cessation of exercise ofduties.

1. Any records left unsigned by a district judge athis retirement, resignation or at the expiration of his term of office may besigned by the judge during the 12 months following his departure from office. Adistrict judge removed by the Legislature or removed or retired by theCommission on Judicial Discipline, or who resigns or retires during thependency of a proceeding against him before the Commission on JudicialDiscipline, shall not exercise any judicial duties under this section.

2. All judges about to retire from office by reason ofresignation or the expiration of their term shall, before such retirement,decide all cases and matters submitted to them and remaining undetermined. Thedecision or decisions shall be entered in the minutes of the court and, if inwriting, shall be filed with the clerk of the court before retirement. Theclerk of the court shall serve upon all parties to such case or matter, in themanner provided by law, notice of the entry of judgment with a true copy of theminutes or of the written decision within 90 days from and after the decisionshall have been so entered in the minutes or the written decision so filed. Theparties, or either or any of them, entitled by law or by lawful order of courtduly made and entered before such retirement to present to such judge writtenfindings of fact, conclusions of law, and judgment and decree, may at any timewithin 8 months from and after such entry or filing of decision deliver to theretiring judge and serve upon all the other parties to any such case or matter,in the manner provided by law, such written findings of fact, conclusions oflaw, and judgment and decree as they, or either or any of them, may propose insuch case or matter litigated and determined therein. In any such case ormatter so decided, such other parties thereto so served with such proposedwritten findings of fact, conclusions of law, and judgment and decree, oreither or any of them, may at any time within 30 days from and after suchservice of the proposed written findings of fact, conclusions of law, andjudgment and decree deliver to the retiring judge such written objections andexceptions thereto as legally may be made and taken pursuant to law, and servethe same upon the opposite party or parties in any such case or matter in themanner provided by law. Thereafter at any time within 12 months after such caseshall have been so decided and the decision so entered in the minutes of thecourt or the written decision filed, the former judge so having retired fromoffice may hear, rule upon, allow and determine such objections and exceptionsas may have been delivered to him and served upon the opposite party orparties, and settle, sign, and enter the final written findings of fact,conclusions of law, and judgment and decree and file the same with the clerk ofthe court where such case or matter is pending and cause the same to be servedupon the adverse party or parties therein in the manner provided by law or asdirected by the former district judge. The acts of such judge in so hearing,ruling upon, allowing and determining such objections and exceptions, and insettling and signing final written findings of fact, conclusions of law, andjudgment and decree so settled and signed by him, and also in making any lawfulorder incident thereto, shall be valid for all purposes as if done prior to hisretirement from office.

3. In case of the death, removal by the Legislature orremoval or retirement by the Commission on Judicial Discipline of a districtjudge after he has rendered and filed a decision or opinion or caused the sameto be entered in the minutes of the court and before the filing of findings orthe entry of judgment, the succeeding judge of the court in which such causewas tried shall make an examination of the decision or opinion, the minutes ofsuch cause, the pleadings, the record and reporters notes taken therein, ifany, and shall sign and settle the findings, and cause judgment to be enteredin the same manner as if such succeeding judge had presided at the trial of thecause.

4. In any case of retirement from office of a districtjudge, or of his death, or of his ceasing, for any cause, to exercise theduties and functions of his office, and the entry of judgment and decree thereafteras provided for in this section, the party or parties entitled under the law toappeal from any final judgment and decree may take an appeal in the mannerprovided for by Nevada Rules of Appellate Procedure from any such judgment anddecree so entered.

5. The records when thus signed shall have the samelegal force and effect that they would be entitled to had they been signed orsettled by the judge while in the exercise of his office.

6. The provisions of subsection 5 of this sectionshall not be deemed to take from the successors of any district judge the powerto sign any record as heretofore authorized by law.

[1911 CPA 547; A 1925, 114; 1931, 28; 1931 NCL 9036] + [1911 CPA 548; RL 5490; NCL 9037] + [1911 CPA 549; RL 5491;NCL 9038](NRS A 1977, 771)

NRS 3.220 Equalcoextensive and concurrent jurisdiction. Thedistrict judges shall possess equal coextensive and concurrent jurisdiction andpower. They each shall have power to hold court in any county of this State.They each shall exercise and perform the powers, duties and functions of thecourt and of judges thereof and of judges at chambers. The decision in anaction or proceeding may be written or signed at any place in the State by thejudge who acted on the trial and may be forwarded to and filed by the clerk,who shall thereupon enter judgment as directed in the decision, or judgment maybe rendered in open court, and, if so rendered, shall be entered by the clerkaccordingly. If the public business requires, each judge may try causes andtransact judicial business in the same county at the same time. Each judgeshall have power to transact business which may be done in chambers at anypoint within the State, and court shall be held in each county at least once inevery 6 months and as often and as long as the business of the county requires.All of this section is subject to the provision that each judge may direct andcontrol the business in his own district and shall see that it is properlyperformed.

[1:59:1895; C 2573; RL 4922; NCL 8469]

NRS 3.221 Transferof original jurisdiction to Justice Court. Ifan action is filed in the district court and a district judge determines thatthe action is properly within the jurisdiction of the Justice Court pursuant toNRS 4.370, the district judge maytransfer original jurisdiction of the action to the Justice Court.

(Added to NRS by 2003, 418; A 2003, 852)

NRS 3.223 Jurisdictionof family courts.

1. Except if the child involved is subject to thejurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act of1978, 25 U.S.C. 1901 et seq., in each judicial district in which it isestablished, the family court has original, exclusive jurisdiction in anyproceeding:

(a) Brought pursuant to title 5 of NRS or chapter 31A, 123,125, 125A, 125B, 125C, 126, 127, 128, 129, 130, 159, 425 or 432B ofNRS, except to the extent that a specific statute authorizes the use of anyother judicial or administrative procedure to facilitate the collection of anobligation for support.

(b) Brought pursuant to NRS 442.255 and 442.2555 to request the court to issue anorder authorizing an abortion.

(c) For judicial approval of the marriage of a minor.

(d) Otherwise within the jurisdiction of the juvenilecourt.

(e) To establish the date of birth, place of birth orparentage of a minor.

(f) To change the name of a minor.

(g) For a judicial declaration of the sanity of aminor.

(h) To approve the withholding or withdrawal oflife-sustaining procedures from a person as authorized by law.

(i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive, for an involuntarycourt-ordered admission to a mental health facility.

(j) Brought pursuant to NRS 441A.500 to 441A.720, inclusive, for an involuntarycourt-ordered isolation or quarantine.

2. The family court, where established and, except asotherwise provided in paragraph (m) of subsection 1 of NRS 4.370, the Justice Court haveconcurrent jurisdiction over actions for the issuance of a temporary orextended order for protection against domestic violence.

3. The family court, where established, and thedistrict court have concurrent jurisdiction over any action for damages broughtpursuant to NRS 41.134 by a person whosuffered injury as the proximate result of an act that constitutes domesticviolence.

(Added to NRS by 1991, 2175; A 1993, 545; 1995, 783;1997, 1804, 2267; 1999,486; 2003, 1114,2207; 2005, 506)

NRS 3.225 Familycourt to encourage resolution of certain disputes through nonadversarialmethods; cooperation to provide support services.

1. The family court shall, wherever practicable andappropriate, encourage the resolution of disputes before the court throughnonadversarial methods or other alternatives to traditional methods ofresolution of disputes.

2. The family court or, in a judicial district thatdoes not include a family court, the district court, shall enter intoagreements or otherwise cooperate with local agencies that provide servicesrelated to matters within the jurisdiction of family courts to assist thefamily court or district court in providing the necessary support services tothe families before the court.

(Added to NRS by 1991, 2175)

NRS 3.227 Informationform for family court: Development; contents; use. In each judicialdistrict that includes a county whose population is 100,000 or more:

1. The clerk of the district court shall develop aninformation form for family court. The information form for family court mustbe:

(a) Approved by the Chief Judge; and

(b) Used to obtain the information described insubsection 2 from a party who files the initial pleading in a case thatinvolves a matter within the jurisdiction of the family court.

2. A party may not file in the district court theinitial pleading in a case that involves a matter within the jurisdiction ofthe family court unless, at the same time that the party files the initialpleading, the party files an information form for family court which is signedby the party, his attorney or other legal representative and which specifies:

(a) Whether the party is also a party in any otherpending case or was a party in any other previously decided case assigned to adepartment of the family court in the judicial district;

(b) Whether any other party in the initial pleading isalso a party in any other pending case or was a party in any other previouslydecided case assigned to a department of the family court in the judicialdistrict;

(c) Whether a child involved in the case is alsoinvolved in any other pending case or was involved in any other previouslydecided case assigned to a department of the family court in the judicialdistrict, other than a case within the jurisdiction of the juvenile courtpursuant to title 5 of NRS; and

(d) Any other information that the Chief Judgedetermines must be provided on the information form for family court,including, without limitation, any other information concerning a casedescribed in paragraph (a), (b) or (c).

3. The Chief Judge and the clerk of the district courtshall use the information provided on the information form for family court toassign cases to a department of the family court in accordance with subsection3 of NRS 3.025.

(Added to NRS by 1999, 2020; A 2003, 1115)

NRS 3.230 Statementsupon matters of fact. District judges shallnot charge juries upon matters of fact but may state the evidence and declarethe law. In stating the evidence, the judge should not comment upon theprobability or improbability of its truth nor the credibility thereof. If thejudge states the evidence, he must also inform the jury that they are not to begoverned by his statement upon matters of fact.

[23:19:1865; B 931; BH 2445; C 2526; RL 4846;NCL 8388]

NRS 3.240 Writtendecisions. A district judge may be required,in deciding any question of law, to reduce his decision to writing at the timesuch decision is made and note any exception thereto which may be taken byeither party to a trial or proceeding before him.

[24:19:1865; B 932; BH 2446; C 2527; RL 4847;NCL 8389]

NRS 3.243 Reportof certain statistical information to be submitted to Court Administrator. In the time and manner prescribed by the Supreme Court,the Chief Judge of the judicial district or, if the district has no ChiefJudge, a district judge designated by mutual consent of the district judges ofthat district, shall submit to the Court Administrator a report of thestatistical information required pursuant to this section and such other statisticalinformation as prescribed by the Supreme Court. The report must include,without limitation, statistical information concerning:

1. Those cases which are pending and undecided and thejudge to whom each case has been assigned;

2. The type and number of cases each judge consideredduring the preceding month;

3. The number of cases submitted to each judge duringthe preceding month;

4. The number of cases decided by each judge duringthe preceding month; and

5. The number of full judicial days in which eachjudge appeared in court or in chambers in performance of his duties during thepreceding month.

(Added to NRS by 1999, 706)

OFFICERS AND EMPLOYEES

NRS 3.245 Appointmentof masters for criminal proceedings. In anycounty in which the appointment of masters for criminal proceedings by adistrict court is authorized by the board of county commissioners, the localrules of practice adopted in a judicial district within the county mayauthorize the Chief Judge of a district court to appoint one or more mastersfor criminal proceedings to perform certain subordinate or administrativeduties that the Nevada Supreme Court has approved to be assigned to such amaster.

(Added to NRS by 1977, 1570; A 2003, 409)

NRS 3.250 Countyclerk to be clerk of court. The county clerkshall be clerk of the district court of his county.

[Part 1:108:1866; B 2599; BH 1636; C 1782; RL 2765; NCL 4765]

NRS 3.260 Deputyclerks.

1. All clerks of the several district courts arehereby authorized to appoint deputies who shall have power to transact allofficial business pertaining to the office to the same extent as theirprincipals.

2. The clerks of the district courts shall beresponsible on their official bonds for all official malfeasance or nonfeasanceof their deputies. Bonds for the faithful performance of their official dutiesmay be required of the deputies by their principals.

3. All appointments of deputies under the provisionsof this section shall be in writing and shall, together with the oaths ofoffice of the deputies, be filed and recorded in a book provided for thatpurpose in the office of the recorder of the county within which the clerk ofthe district court legally holds and exercises his office. Revocations of suchappointments shall also be filed and recorded as herein provided. From the timeof the filing of appointments or revocations therein persons shall be deemed tohave notice of the same.

[Part 1:101:1864; A 1905, 33; 1913, 108; 1919 RL 2848; NCL 4848] + [Part 2:101:1864; B 3068; BH 2280; C 2452; RL 2849;NCL 4849] + [Part 3:101:1864; B 3069; BH 2281; C 2453; RL 2850; NCL 4850]

NRS 3.270 Dutyof clerks to give receipts and pay over money.

1. The clerk of a district court shall give a receipton demand of any party paying a fee. The receipt shall specify the title or thecase number of the cause in which the fee is paid and the date and the amountof the payment.

2. The several clerks of the district courts shall, onor before the 5th day of each month, pay over to the county treasurer allmoneys received by them during the preceding month for court fees together witha brief note of the cases in which the same were received.

[Part 31:49:1883; BH 2372; C 2496; RL 2033; NCL 2964](NRS A 1959, 707; 1971, 537)

NRS 3.275 Clerkto obtain and maintain information regarding civil cases.

1. The clerk of each district court shall obtain andfile information regarding the nature of each civil case filed with thedistrict court.

2. The clerk shall provide a form approved by theCourt Administrator for obtaining the information required by subsection 1. Nocivil case may be filed in the district court unless the initial pleading isaccompanied by the form, signed by the initiating party or his representative.

3. The clerk shall maintain the information containedin the form in a separate system of filing to allow the retrieval of statisticsrelating to the number, nature and date of each civil action filed in thedistrict courts.

(Added to NRS by 1985, 1895)

NRS 3.280 Clerkto keep register of civil actions.

1. The clerk shall keep among the records of the courta register of actions. He shall enter therein the title of the action, if indistrict court, and he may enter therein the title of the action in any othercourt, with brief notes under it, from time to time, of all papers filed andproceedings had therein.

2. For an alternate method of maintaining theregister-of-actions record provided in subsection 1, the clerk of the districtcourt may maintain an effective register of actions by means of photographing,microphotographing or mechanically or electronically storing the whole of allpapers and records, necessary to the keeping of a register of actions, so longas the following control criteria of public recordkeeping is extant:

(a) The completeness and chronological sequence ofregistry are not disturbed;

(b) All such reproductions are placed in convenient andaccessible files;

(c) Provisions are made for preserving, examining andusing such files; and

(d) The initial register of actions in book orloose-leaf-book form is maintained for the purpose of assuring the commencementof actions serially, entering plaintiff, defendant, intervener or applicant, orthe parties in ex rel., in the title together with attorneys of record in eachcase, and entering thereafter under each case only such documents by notationas have filing fees required to be paid or notation of waiver of the fees.

Thissubsection shall not be construed to be inconsistent with the laws, rules ordistrict judges orders pertaining to control and custody of district courtrecords.

[1911 CPA 538; RL 5480; NCL 9027](NRS A 1971,538)

NRS 3.300 Powerof clerks to take and certify acknowledgments and affidavits. The clerks of the district courts shall have power in anypart of the State to take and certify:

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 3.305 Destructionor disposal of exhibits by clerk. When adistrict court orders the disposal of an exhibit, the clerk shall serve writtennotice upon the last attorney or attorneys of record, representing the partiesto the action wherein the exhibit was admitted into evidence, to withdraw suchexhibit, and upon the failure to make such withdrawal within 30 days after theservice of notice, the clerk shall petition the court for an order requesting:

1. Destruction of the exhibit if such exhibit is foundby the court to be of no value; or

2. Delivery of an exhibit of value to the board ofcounty commissioners as the property of the county.

(Added to NRS by 1957, 708; A 1973, 439)

NRS 3.307 Destructionor disposal of exhibits in civil actions. Adistrict court, on its own motion, may order destroyed or otherwise disposed ofany exhibit or deposition introduced in the trial of a civil action orproceeding or filed in such action or proceeding which:

1. If appeal has not been taken from the decision ofthe district court in such action or proceeding, remains in the custody of thedistrict court or clerk of such court 2 years after the time for appeal hasexpired.

2. If appeal has been taken, remains in the custody ofthe district court or clerk of such court 2 years after final determinationthereof, or which remains in the custody of the district court or clerk of suchcourt for a period of 2 years after:

(a) A motion for a new trial has been granted or amotion to set for trial has not been made within such 2 years;

(b) The filing of the remittitur where the action orproceeding, after appeal, has been remanded to the trial court for a new trialand the same has not been brought to trial within 2 years from the date offiling the remittitur;

(c) The dismissal of such action or proceeding; or

(d) The introduction or filing thereof where there isno provision for the destruction or other disposition of such exhibit ordeposition and where, in the discretion of the district court, the same shouldbe destroyed or otherwise disposed of.

The ordershall be filed with the pleadings of each case in which any such order is made.

(Added to NRS by 1971, 318; A 1973, 439)

NRS 3.310 Bailiff.

1. The judge of each district court may appoint abailiff for the court in counties polling 4,500 or more votes. In countiespolling less than 4,500 votes, the judge may appoint a bailiff with theconcurrence of the sheriff. In either case, the bailiff serves at the pleasureof the judge he serves.

2. In all judicial districts where there is more thanone judge, there may be a number of bailiffs at least equal to the number ofjudges, and in any judicial district where a circuit judge has presided formore than 50 percent of the regular judicial days of the prior calendar year,there may be one additional bailiff, each bailiff to be appointed by the jointaction of the judges. If the judges cannot agree upon the appointment of anybailiff within 30 days after a vacancy occurs in the office of bailiff, thenthe appointment must be made by a majority of the board of county commissioners.

3. Each bailiff shall:

(a) Preserve order in the court.

(b) Attend upon the jury.

(c) Open and close court.

(d) Perform such other duties as may be required of himby the judge of the court.

4. The bailiff must be a qualified elector of thecounty and shall give a bond, to be approved by the district judge, in the sumof $2,000, conditioned for the faithful performance of his duty.

5. The compensation of each bailiff for his servicesmust be fixed by the board of county commissioners of the county and his salarypaid by the county wherein he is appointed, the same as the salaries of othercounty officers are paid.

6. The board of county commissioners of the respectivecounties shall allow the salary stated in subsection 5 as other salaries areallowed to county officers, and the county auditor shall draw his warrant forit, and the county treasurer shall pay it.

7. The provisions of this section do not:

(a) Authorize the bailiff to serve any civil orcriminal process, except such orders of the court which are specially directedby the court or the presiding judge thereof to him for service.

(b) Relieve the sheriff of any duty required of him bylaw to maintain order in the courtroom.

[1:33:1909; RL 4914; NCL 8461] + [2:33:1909; A1919, 385; 1951, 358; 1953, 443] + [3:33:1909; RL 4916; NCL 8463] +[4:33:1909; RL 4917; NCL 8464] + [5:33:1909; A 1951, 358; 1953, 443; 1955,190] + [6:33:1909; RL 4919; NCL 8466] + [7:33:1909; RL 4920; NCL 8467](NRS A 1957, 288; 1959, 516; 1963, 363, 1295; 1979, 482; 1993, 2526)

NRS 3.320 Officialreporter: Appointment; duties.

1. The judge or judges of any district court mayappoint, subject to the provisions of this chapter and other laws as to thequalifications and examinations of the appointee, one certified court reporter,to be known as official reporter of the court or department and to hold officeduring the pleasure of the judge appointing him. The appointee may be anybusiness organization if the person representing it, who actually performs thereporting service, is a certified court reporter.

2. The official reporter, or any one of them if thereare two or more, shall:

(a) At the request of either party or of the court in acivil action or proceeding, and on the order of the court, the districtattorney or the attorney for the defendant in a criminal action or proceeding,take down in shorthand all the testimony, the objections made, the rulings ofthe court, the exceptions taken, all arraignments, pleas and sentences ofdefendants in criminal cases, and all statements and remarks made by thedistrict attorney or judge, and all oral instructions given by the judge; and

(b) If directed by the court or requested by eitherparty, within such reasonable time after the trial of the case as may bedesignated by law or, in the absence of any law relating thereto, by the court,write out the shorthand copy, or such specific portions thereof as may berequested, in plain and legible longhand, or by typewriter or other printingmachine. The reporter shall certify to that copy as being correctly reportedand transcribed, and, when directed by the law or court, file it with the clerkof the court.

[1:52:1907; A 1921, 96; NCL 8455](NRS A 1973,1321; 1981, 245; 1993, 1410)

NRS 3.340 Officialreporter: Attention to duties; reporter pro tempore. Theofficial reporter of any district court shall attend to the duties of hisoffice in person except when excused for good and sufficient reason by order ofthe court, which order shall be entered upon the minutes of the court.Employment in his professional capacity elsewhere shall not be deemed a goodand sufficient reason for such excuse. When the official reporter of any courthas been excused in the manner provided in this section, the court maydesignate an official reporter pro tempore who shall perform the same dutiesand receive the same compensation during the term of his employment as theofficial reporter.

[3:52:1907; RL 4910; NCL 8457]

NRS 3.350 Officialreporter: Oath of office. The officialreporter of any court, or official reporter pro tempore, shall, before enteringupon the duties of his office, take and subscribe the constitutional oath ofoffice.

[4:52:1907; RL 4911; NCL 8458]

NRS 3.360 Officialreporter: Report prima facie evidence. Thereport of the official reporter, or official reporter pro tempore, of anycourt, duly appointed and sworn, when transcribed and certified as being acorrect transcript of the testimony and proceedings in the case, is prima facieevidence of such testimony and proceedings.

[5:52:1907; RL 4912; NCL 8459]

NRS 3.370 Officialreporter: Compensation.

1. Except as otherwise provided in subsection 3, forhis services the official reporter or reporter pro tempore is entitled to thefollowing compensation:

(a) For being available to report civil and criminaltestimony and proceedings when the court is sitting during traditional businesshours on any day except Saturday or Sunday, $170 per day, to be paid by thecounty as provided in subsection 4.

(b) For being available to report civil and criminaltestimony and proceedings when the court is sitting beyond traditional businesshours or on Saturday or Sunday:

(1) If the reporter has been available to reportfor at least 4 hours, $35 per hour for each hour of availability; or

(2) If the reporter has been available to reportfor fewer than 4 hours, a pro rata amount based on the daily rate set forth inparagraph (a),

to be paidby the county as provided in subsection 4.

(c) For transcription:

(1) Except as otherwise provided in subparagraph(2), for the original draft and any copy to be delivered:

(I) Within 24 hours after it is requested,$7.50 per page for the original draft and one copy, and $2 per page for eachadditional copy;

(II) Within 48 hours after it isrequested, $5.62 per page for the original draft and one copy, and $1.50 perpage for each additional copy;

(III) Within 4 days after it is requested,$4.68 per page for the original draft and one copy, and $1.25 per page for eachadditional copy; or

(IV) More than 4 days after it isrequested, $3.55 per page for the original draft and one copy, and 55 cents perpage for each additional copy.

(2) For civil litigants who are ordering theoriginal draft and are represented by a nonprofit legal corporation or aprogram for pro bono legal assistance, for the original draft and any copy tobe delivered:

(I) Within 24 hours after it is requested,$5.50 per page and $1.10 per page for each additional copy;

(II) Within 48 hours after it isrequested, $4.13 per page and 83 cents per page for each additional copy;

(III) Within 4 days after it is requested,$3.44 per page and 69 cents per page for each additional copy; or

(IV) More than 4 days after it isrequested, $2.75 per page and 55 cents per page for each additional copy.

(3) For any party other than the party orderingthe original draft, for the copy of the draft to be delivered:

(I) Within 24 hours after it is requested,$1.10 per page;

(II) Within 48 hours after it isrequested, 83 cents per page;

(III) Within 4 days after it is requested,69 cents per page; or

(IV) More than 4 days after it isrequested, 55 cents per page.

(d) For reporting all civil matters, in addition to thecompensation provided in paragraphs (a) and (b), $30 for each hour or fractionthereof actually spent, to be taxed as costs pursuant to subsection 5.

(e) For providing an instantaneous translation oftestimony into English which appears on a computer that is located at a tablein the courtroom where the attorney who requested the translation is seated:

(1) Except as otherwise provided in thissubparagraph, in all criminal matters in which a party requests such a translation,in addition to the compensation provided pursuant to paragraphs (a) and (b),$140 for the first day and $90 per day for each subsequent day from the partywho makes the request. This additional compensation must be paid by the countyas provided pursuant to subsection 4 only if the court issues an order grantingthe translation service to the prosecuting attorney or to an indigent defendantwho is represented by a county or state public defender.

(2) In all civil matters in which a party requestssuch a translation, in addition to the compensation provided pursuant toparagraphs (a), (b) and (d), $140 for the first day and $90 per day for eachsubsequent day, to be paid by the party who requests the translation.

(f) For providing a diskette containing testimonyprepared from a translation provided pursuant to paragraph (e):

(1) Except as otherwise provided in thissubparagraph, in all criminal matters in which a party requests the disketteand the reporter agrees to provide the diskette, in addition to thecompensation provided pursuant to paragraphs (a), (b) and (e), $1.50 per pageof the translation contained on the diskette from the party who makes therequest. This additional compensation must be paid by the county as providedpursuant to subsection 4 only if the court issues an order granting thediskette to the prosecuting attorney or to an indigent defendant who isrepresented by a county or state public defender.

(2) In all civil matters in which a partyrequests the diskette and the reporter agrees to provide the diskette, inaddition to the compensation provided pursuant to paragraphs (a), (b), (d) and(e), $1.50 per page of the translation contained on the diskette, to be paid bythe party who requests the diskette.

2. For the purposes of subsection 1, a page is a sheetof paper 8 1/2 by 11 inches. The left margin must not be more than 1 1/2 inchesfrom the left edge of the paper. The right margin must not be more thanthree-fourths of an inch from the right edge of the paper. Each sheet must benumbered on the left margin and must contain at least 24 lines of type. Thefirst line of each question and of each answer may be indented not more thanfive spaces from the left margin. The first line of any paragraph or othermaterial may be indented not more than 10 spaces from the left margin. Theremust not be more than one space between words or more than two spaces betweensentences. The type size must not be larger than 10 characters per inch. Thelines of type may be double spaced or one and one-half spaced.

3. If the court determines that the services of morethan one reporter are necessary to deliver transcripts on a daily basis in acriminal proceeding, each reporter is entitled to receive:

(a) The compensation set forth in paragraphs (a) and(b) of subsection 1 and subparagraph (1) of paragraph (e) of subsection 1, asappropriate; and

(b) Compensation of $7.50 per page for the originaldraft and one copy, and $2 per page for each additional copy for transcribing aproceeding of which the transcripts are ordered by the court to be delivered onor before the start of the next day the court is scheduled to conduct business.

4. The compensation specified in paragraphs (a) and(b) of subsection 1, the compensation for transcripts in criminal cases orderedby the court to be made, the compensation for transcripts in civil casesordered by the court pursuant to NRS 12.015,the compensation for transcripts for parents or guardians or attorneys of parentsor guardians who receive transcripts pursuant to NRS 432B.459, the compensation incriminal cases that is ordered by the court pursuant to subparagraph (1) ofparagraph (e) and subparagraph (1) of paragraph (f) of subsection 1 and thecompensation specified in subsection 3 must be paid out of the county treasuryupon the order of the court. When there is no official reporter in attendanceand a reporter pro tempore is appointed, his reasonable expenses for travelingand detention must be fixed and allowed by the court and paid in the samemanner. The respective district judges may, with the approval of the respectiveboard or boards of county commissioners within the judicial district, fix amonthly salary to be paid to the official reporter in lieu of per diem. Thesalary, and also actual traveling expenses in cases where the reporter acts inmore than one county, must be prorated by the judge on the basis of timeconsumed by work in the respective counties and must be paid out of therespective county treasuries upon the order of the court.

5. Except as otherwise provided in subsection 4, incivil cases, the compensation prescribed in paragraph (d) of subsection 1 andfor transcripts ordered by the court to be made must be paid by the parties inequal proportions, and either party may, at his option, pay the entirecompensation. In either case, all amounts so paid by the party to whom costsare awarded must be taxed as costs in the case. The compensation fortranscripts and copies ordered by the parties must be paid by the partyordering them. No reporter may be required to perform any service in a civilcase until his compensation has been paid to him or deposited with the clerk ofthe court.

6. Where a transcript is ordered by the court or byany party, the compensation for it must be paid to the clerk of the court andby him paid to the reporter upon the furnishing of the transcript.

7. The testimony and proceedings in an uncontesteddivorce action need not be transcribed unless requested by a party or orderedby the court.

[6:52:1907; A 1921, 96; 1921, 288; 1955, 189](NRS A1961, 307; 1967, 1258; 1971, 646; 1975, 1472, 1816; 1981, 404; 1987, 909; 1989,1271; 1993, 2022; 1995, 1592; 1999, 750; 2001, 1705; 2005, 187)

NRS 3.380 Soundrecording equipment: Installation; operation; transcription of recording; useof transcript; provision by party of certified court reporter; effect.

1. The judge or judges of any district court may, withthe approval of the board of county commissioners of any one or more of thecounties comprising such district, in addition to the appointment of a courtreporter as in this chapter provided, enter an order for the installation of soundrecording equipment for use in any of the instances recited in NRS 3.320, for the recording of any civiland criminal proceedings, testimony, objections, rulings, exceptions,arraignments, pleas, sentences, statements and remarks made by the districtattorney or judge, oral instructions given by the judge and any otherproceedings occurring in civil or criminal actions or proceedings, or specialproceedings whenever and wherever and to the same extent as any of suchproceedings have heretofore under existing statutes been recorded by theofficial reporter or any special reporter or any reporter pro tempore appointedby the court.

2. For the purpose of operating such sound recordingequipment the court or judge may appoint or designate the official reporter ora special reporter or reporter pro tempore or the county clerk or clerk of thecourt or deputy clerk. The person so operating such sound recording equipmentshall subscribe to an oath that he will well and truly operate the equipment soas to record all of the matters and proceedings.

3. The court may then designate the person operatingsuch equipment or any other competent person to read the recording and totranscribe it into typewriting. The person transcribing the recording shallsubscribe to an oath that he has truly and correctly transcribed it.

4. The transcript may be used for all purposes forwhich transcripts have heretofore been received and accepted under thenexisting statutes, including transcripts of testimony and transcripts ofproceedings as constituting bills of exceptions or part of the bill ofexceptions on appeals in all criminal cases and transcripts of the evidence orproceedings as constituting the record on appeal in civil cases and includingtranscripts of preliminary hearings before justices of the peace and othercommitting magistrates, and are subject to correction in the same manner astranscripts under existing statutes.

5. In civil and criminal cases when the court hasordered the use of such sound recording equipment, any party to the action, athis own expense, may provide a certified court reporter to take down inshorthand and transcribe all the matters of the proceeding. In such a case, therecord prepared by sound recording is the official record of the proceedings,unless it fails or is incomplete because of equipment or operational failure,in which case the record prepared by the certified court reporter shall bedeemed, for all purposes, the official record of the proceedings.

[7:52:1907; added 1949, 506; 1943 NCL 8460.01](NRSA 1995, 1594)

ACTIONS RELATING TO PATERNITY OR SUPPORT OF CHILDREN

NRS 3.405 Masters:Appointment; powers and duties; findings.

1. In an action to establish paternity, the court mayappoint a master to take testimony and recommend orders.

2. The court may appoint a master to hear all cases ina county to establish or enforce an obligation for the support of a child, orto modify or adjust an order for the support of a child pursuant to NRS 125B.145.

3. The master must be an attorney licensed to practicein this State. The master:

(a) Shall take testimony and establish a record;

(b) In complex cases shall issue temporary orders forsupport pending resolution of the case;

(c) Shall make findings of fact, conclusions of law andrecommendations for the establishment and enforcement of an order;

(d) May accept voluntary acknowledgments of paternityor liability for support and stipulated agreements setting the amount ofsupport;

(e) May, subject to confirmation by the district court,enter default orders against a responsible parent who does not respond to anotice or service within the required time; and

(f) Has any other power or duty contained in the orderof reference issued by the court.

If atemporary order for support is issued pursuant to paragraph (b), the mastershall order that the support be paid to the Division of Welfare and SupportiveServices of the Department of Health and Human Services, its designatedrepresentative or the district attorney, if the Division of Welfare andSupportive Services or district attorney is involved in the case, or otherwiseto an appropriate party to the action, pending resolution of the case.

4. The findings of fact, conclusions of law andrecommendations of the master must be furnished to each party or his attorneyat the conclusion of the proceeding or as soon thereafter as possible. Within10 days after receipt of the findings of fact, conclusions of law andrecommendations, either party may file with the court and serve upon the otherparty written objections to the report. If no objection is filed, the courtshall accept the findings of fact, unless clearly erroneous, and the judgmentmay be entered thereon. If an objection is filed within the 10-day period, thecourt shall review the matter upon notice and motion.

(Added to NRS by 1987, 2248; A 1989, 956, 1642; 1997,2268)

NRS 3.415 Timefor disposition of cases. To the extentnecessary to comply with the requirements of the Federal Government concerningthe enforcement of the obligation of support of a child, to avoid jeopardizingthe receipt by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services of money from the Federal Governmentand to avoid subjecting the Division of Welfare and Supportive Services toother sanctions by the Federal Government, the disposition of cases toestablish an obligation for support of a child must:

1. Be 75 percent completed within 6 months afterservice of the notice of the proceedings; and

2. Be 90 percent completed within 12 months after theservice of the notice of the proceedings.

(Added to NRS by 1987, 2249; A 1995, 2422)

MEDIATION OF CASES INVOLVING CUSTODY OR VISITATION OF CHILD

NRS 3.475 Establishmentof programs of mandatory mediation in county whose population is 400,000 ormore; report to Legislature.

1. In a county whose population is 400,000 or more,the district court shall establish by rule approved by the Supreme Court aprogram of mandatory mediation in cases that involve the custody or visitationof a child.

2. The program must:

(a) Require the impartial mediation of the issues ofcustody and visitation and authorize the impartial mediation of any othernonfinancial issue deemed appropriate by the court.

(b) Authorize the court to exclude a case from theprogram for good cause shown, including, but not limited to, a showing that:

(1) There is a history of child abuse ordomestic violence by one of the parties;

(2) The parties are currently participating inprivate mediation; or

(3) One of the parties resides outside of thejurisdiction of the court.

(c) Provide standards for the training of the mediatorsassigned to cases, including, but not limited to:

(1) Minimum educational requirements, which mustnot be restricted to any particular professional or educational training;

(2) Minimum requirements for training in theprocedural aspects of mediation and the interpersonal skills necessary to actas a mediator;

(3) A minimum period of apprenticeship forpersons who have not previously acted as domestic mediators;

(4) Minimum requirements for continuingeducation; and

(5) Procedures to ensure that potentialmediators understand the high standard of ethics and confidentiality related totheir participation in the program.

(d) Prohibit the mediator from reporting to the courtany information about the mediation other than whether the dispute wasresolved.

(e) Establish a sliding schedule of fees forparticipation in the program based on the ability of a party to pay.

(f) Provide for the acceptance of gifts and grantsoffered in support of the program.

(g) Allow the court to refer the parties to a privatemediator.

3. The costs of the program must be paid from thecounty general fund. All fees, gifts and grants collected pursuant to thissection must be deposited in the county general fund.

4. The court shall submit a report to the Director ofthe Legislative Counsel Bureau for distribution to each regular session of theLegislature on or before March 1 of each odd-numbered year that must include:

(a) A summary of the number and types of cases mediatedand resolved by the program during the previous biennium;

(b) The fees collected by the program and any gifts orgrants received by the court to support the program; and

(c) Suggestions for any necessary legislation toimprove the effectiveness and efficiency of the program.

5. This section does not prohibit a court fromreferring a financial or other issue to a special master or other person forassistance in resolving the dispute.

(Added to NRS by 1997, 1203)

NRS 3.500 Establishmentof programs of mandatory mediation in county whose population is 100,000 ormore but less than 400,000; report to Legislature.

1. In a county whose population is more than 100,000and less than 400,000, the district court shall establish by rule approved bythe Supreme Court a program of mandatory mediation in cases which involve thecustody or visitation of a child. A district court in a county whose populationis 100,000 or less may establish such a program in the same manner for use inthat county. The district courts in two or more counties whose populations are100,000 or less may establish such a program in the same manner for use in thecounties in which the courts are located.

2. The program must:

(a) Require the impartial mediation of the issues ofcustody and visitation and any other nonfinancial issue deemed appropriate bythe court.

(b) Allow the court to exclude a case from the programfor good cause shown, including a showing of a history of child abuse ordomestic violence by one of the parties, ongoing private mediation or residencyof one of the parties out of the jurisdiction of the court.

(c) Provide standards for the training of the mediatorsassigned to cases pursuant to the rule, including but not limited to:

(1) Minimum educational requirements, which maynot be restricted to any particular professional or educational training;

(2) Minimum requirements for training in theprocedural aspects of mediation and the interpersonal skills necessary to actas a mediator;

(3) A minimum period of apprenticeship forpersons who have not previously acted as domestic mediators;

(4) Minimum requirements for continuingeducation; and

(5) Procedures to ensure that potentialmediators understand the high standard of ethics and confidentiality related totheir participation in the program.

(d) Prohibit the mediator from reporting to the courtany information about the mediation other than whether the mediation wassuccessful or not.

(e) Establish a sliding schedule of fees forparticipation in the program based on the clients ability to pay.

(f) Provide for the acceptance of gifts and grantsoffered in support of the program.

(g) Allow the court to refer the parties to a privatemediator for assistance in resolving the issues.

3. The costs of the program must be paid from the accountfor dispute resolution in the county general fund. All fees, gifts and grantscollected pursuant to this section must be deposited in the account.

4. The district court in any county which hasestablished a program pursuant to this section shall submit a report to theDirector of the Legislative Counsel Bureau for distribution to each regularsession of the Legislature on or before March 1 of each odd-numbered year. Iftwo or more district courts establish such a program, only one of those courtsis required to submit such a report for that program. The report must include asummary of the number and type of cases mediated and resolved by the programduring the previous biennium, the fees collected by the program and any giftsor grants received by the court or courts to support the program. The reportmust also contain suggestions for any necessary legislation to improve theeffectiveness and efficiency of the program.

5. This section does not prohibit a court fromreferring a financial or other issue to a special master or other person forassistance in resolving the dispute.

(Added to NRS by 1991, 917; A 1993, 1213)

 

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