2005 Nevada Revised Statutes - Chapter 4 — Justice Courts
GENERAL PROVISIONS
NRS 4.010 Qualificationsof justice of the peace.
NRS 4.020 Numberand election of justices of the peace.
NRS 4.025 Termsof justices of the peace.
NRS 4.030 Oathand bond of justice of the peace.
NRS 4.032 Justicesof the peace pro tempore.
NRS 4.033 Seniorjustices of the peace.
NRS 4.035 Coursesof instruction for justices of the peace; payment of costs.
NRS 4.036 Attendancerequired at courses of instruction; penalty for unexcused absence.
NRS 4.040 Salariesand compensation of justices of the peace.
NRS 4.050 Claimsand expenses.
NRS 4.060 Feesfor justice of the peace; disposition.
NRS 4.063 Additionalfees: Imposition; disposition of proceeds for support of programs for disputeresolution.
NRS 4.065 Additionalfees: Imposition; disposition of proceeds.
NRS 4.071 Additionalfees to offset costs of providing pro bono programs and free legal services tocertain victims.
NRS 4.075 Additionalfees in certain smaller counties: Imposition; disposition of proceeds.
NRS 4.080 Justiceof the peace to charge only fees authorized by law.
NRS 4.090 Justiceof the peace to keep fee book.
NRS 4.100 Quarterlyfinancial statements.
NRS 4.110 Penaltyfor failure to comply with statutory requirements.
NRS 4.120 Punishmentfor taking excessive fees.
NRS 4.130 Feetables to be posted; penalties.
NRS 4.140 Feespayable in advance; execution for fees due.
NRS 4.150 Vacancyin office; duty of clerk of board of county commissioners.
NRS 4.155 Townshipswith more than one justice of the peace.
NRS 4.160 Numberof justices of the peace where townships altered.
NRS 4.170 Dutiesof justices of the peace.
NRS 4.175 Reportof certain statistical information to be submitted to Court Administrator.
NRS 4.180 Powerto take and certify acknowledgments and affidavits.
NRS 4.185 Useof facsimile signature: Conditions and restrictions.
NRS 4.190 Powerto administer oaths or affirmations.
NRS 4.200 Dutyto record violations concerning motor vehicles.
NRS 4.215 Justicesof the peace in certain townships not to practice law.
NRS 4.220 Unlawfulto purchase judgments.
NRS 4.230 Docket:Entries; form.
NRS 4.240 Entriesin docket prima facie evidence of facts.
NRS 4.250 Docketmust be kept by justice of the peace.
NRS 4.260 Courtrecords; disposition upon expiration of term.
NRS 4.270 Dispositionof court records in case of vacancy.
NRS 4.280 Jurisdictionof justice of the peace with whom docket is deposited.
NRS 4.290 Successordefined.
NRS 4.300 Designationof succeeding justice of the peace.
NRS 4.310 Justiceof the peace may issue subpoenas and final process to any part of county.
NRS 4.320 Blanksmust be filled in all papers issued by a justice of the peace, except subpoenas.
NRS 4.330 Justiceof the peace to receive all money collected and pay it to parties.
NRS 4.340 Temporaryassistance for justice of the peace: Requirements; compensation and travelexpenses.
NRS 4.345 Disqualificationof justice of the peace in certain counties: Substitution of municipal judge.
NRS 4.350 Deputyclerk: Appointment; compensation; powers and duties.
NRS 4.355 Referee:Conditions for appointment; qualifications; powers and duties; decisions;compensation.
NRS 4.360 Denominationof court; court always open; where held.
NRS 4.365 Smallclaims: Supplies and postage; duties of boards of county commissioners.
NRS 4.370 Jurisdiction.
NRS 4.371 Effectof transfer of original jurisdiction from district court to Justice Court.
NRS 4.372 Administrationof program of supervision for persons with suspended sentences or personssentenced to residential confinement.
NRS 4.373 Suspensionof sentence; conditions of suspension; reduction of sentence; arrest forviolation of condition of suspension.
NRS 4.375 Powerto order restitution for embezzled property.
NRS 4.3755 Restitutionpaid by defendant convicted of misdemeanor: Collection; disbursement.
RESIDENTIAL CONFINEMENT
NRS 4.376 Residentialconfinement defined.
NRS 4.3762 Powerto order; conditions of sentence; maximum term; arrest for violation ofcondition.
NRS 4.3764 Establishmentand modification of terms and conditions.
NRS 4.3766 Violationof terms and conditions.
SOUND RECORDING
NRS 4.390 Requiredfor certain proceedings.
NRS 4.400 Operationof equipment; transcription of recordings; use of transcript.
NRS 4.410 Compensationfor preparing transcript.
NRS 4.420 Preservation;destruction.
_________
GENERAL PROVISIONS
NRS
1. A person may not be a candidate for or be eligibleto the office of justice of the peace unless he is a qualified elector and hasnever been removed or retired from any judicial office by the Commission onJudicial Discipline. For the purposes of this subsection, a person is eligibleto be a candidate for the office of justice of the peace 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.
2. A justice of the peace must have a high schooldiploma or its equivalent as determined by the State Board of Education and:
(a) In a county whose population is 400,000 or more, ajustice of the peace in a township whose population is 100,000 or more must bean attorney who is licensed and admitted to practice law in the courts of thisState at the time of his election or appointment and has been licensed andadmitted to practice law in the courts of this State, another state or theDistrict of Columbia for not less than 5 years at any time preceding hiselection or appointment.
(b) In a county whose population is less than 400,000,a justice of the peace in a township whose population is 250,000 or more mustbe an attorney who is licensed and admitted to practice law in the courts ofthis State at the time of his election or appointment and has been licensed andadmitted to practice law in the courts of this State, another state or theDistrict of Columbia for not less than 5 years at any time preceding hiselection or appointment.
3. Subsection 2 does not apply to any person who heldthe office of justice of the peace on June 30, 2001.
[Part 2:108:1866; A 1953, 711; 1955, 459](NRS A1987, 438; 1999, 94,1347;
NRS
1. There must be one Justice Court in each of thetownships of the State, for which there must be elected by the qualifiedelectors of the township at least one justice of the peace. Except as otherwiseprovided in subsection 3, the number of justices of the peace in a townshipmust be increased according to the population of the township, as certified bythe Governor in even-numbered years pursuant to
(a) In a county whose population is 400,000 or more,one justice of the peace for each 100,000 population of the township, orfraction thereof.
(b) In a county whose population is 100,000 or more andless than 400,000, one justice of the peace for each 50,000 population of thetownship, or fraction thereof.
(c) In a county whose population is less than 100,000,one justice of the peace for each 34,000 population of the township, orfraction thereof.
(d) If a township includes a city created by theconsolidation of a city and county into one municipal government, one justiceof the peace for each 30,000 population of the township, or fraction thereof.
2. Except as otherwise provided in subsection 3, ifthe schedule set forth in subsection 1 provides for an increase in the numberof justices of the peace in a township, the new justice or justices of thepeace must be elected at the next ensuing biennial election.
3. If the schedule set forth in subsection 1 providesfor an increase in the number of justices of the peace in a township and, inthe opinion of a majority of the justices of the peace in that township, thecaseload does not warrant an additional justice of the peace, the justices ofthe peace shall notify the Director of the Legislative Counsel Bureau and theboard of county commissioners of their opinion on or before March 15 of theeven-numbered year in which the population of the township provides for such anincrease. The Director of the Legislative Counsel Bureau shall submit theopinion to the next regular session of the Legislature for its consideration.If the justices of the peace transmit such a notice to the Director of theLegislative Counsel Bureau and the board of county commissioners, the number ofjustices must not be increased during that period unless the Legislature, byresolution, expressly approves the increase.
4. Justices of the peace shall receive certificates ofelection from the boards of county commissioners of their respective counties.
5. The clerk of the board of county commissionersshall, within 10 days after the election or appointment and qualification ofany justice of the peace, certify under seal to the Secretary of State theelection or appointment and qualification of the justice of the peace. Thecertificate must be filed in the Office of the Secretary of State as evidenceof the official character of that officer.
[Part 1:108:1866; B 2599; BH 1636; C 1782; RL 2765; NCL 4765] + [Part 9:108:1866; B 2607; BH 1644; C 1790; RL 2773;NCL 4773] + [Part 18:108:1866; B 2616; BH 1653; C 1799; RL 2782; NCL 4782] + [Part 30:108:1866; B 2628; BH 1665; C 1811; RL 2794; NCL 4794] + [Part 31:108:1866; B 2629; BH 1666; C 1812; RL 2795; NCL 4795] + [Part 32:19:1865; B 937; BH 2451; C 2532; RL 4852; NCL 8394](NRS A 1965, 1221; 1973, 281, 1723; 1975, 1120; 1977, 677; 1979, 498,1334; 1983, 437; 1991, 327; 1995, 1962; 1997, 3062)
NRS
1. The term of office of justices of the peace is 6years. Each term begins on the first Monday of the January next after theappropriate general election.
2. If the board of county commissioners alters theboundaries of a township so that the proper number of justices of the peacewithin the township is increased or diminished, the board shall provide aneffective date for the alteration such that the number of justices of the peaceelected from each township at each general election remains as nearly equal asmay be.
(Added to NRS by 1977, 677; A 1983, 437; 1991, 530)
NRS
1. Take the oath prescribed by law.
2. Execute a bond to the State of Nevada, to be approvedby the board of county commissioners and furnished at county expense, in thepenal sum of not less than $10,000 or more than $50,000, as may be designatedby the board of county commissioners. The bond must be conditioned for thefaithful performance of the duties of his office and filed in the office of thecounty clerk.
[1:7:1873; B 2978; BH 2254; C 2421; RL 4927;NCL 8474](NRS A 2005,15)
NRS
1. The board of county commissioners of each countyshall select a number of persons it determines appropriate to comprise a panelof substitute justices of the peace. The persons so selected must possess thequalifications set forth in NRS 4.010for the office of justice of the peace in the respective county.
2. Whenever a justice of the peace is disqualifiedfrom acting in a case pending in the Justice Court or is unable to perform hisofficial duties because of his temporary sickness or absence, or other cause,he shall, if necessary, appoint a person from the panel of substitute justicesof the peace or, pursuant to NRS 4.340,invite another justice of the peace to act in his place.
3. A person appointed from the panel of substitutejustices of the peace must take and subscribe to the official oath beforeacting as a justice of the peace pro tempore. While acting in that capacity, heis entitled to receive a per diem salary set by the board of countycommissioners. The annual sum expended for salaries of justices of the peacepro tempore must not exceed the amount budgeted for that expense by the boardof county commissioners.
4. If an appointment of a justice of the peace protempore becomes necessary and the justice of the peace fails or is unable toappoint a person from the panel of substitute justices pursuant to this sectionand fails or is unable to obtain another justice of the peace pursuant to
(a) In counties whose population is more than 100,000,appoint another justice of the peace pursuant to
(b) In counties whose population is 100,000 or less,appoint another justice of the peace pursuant to
(Added to NRS by 1991, 656)
NRS
1. Notwithstanding any other provision of law orordinance, a senior justice of the peace who serves in that capacity may servetemporarily in any Justice Court in this State, regardless of whether he is aresident of the township or county in which the Justice Court to which he isassigned is located.
2. As used in this section, senior justice of thepeace means a former justice of the peace who has received a commission fromthe Supreme Court to serve as a senior justice of the peace pursuant to therules prescribed by the Supreme Court.
(Added to NRS by
NRS
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 Justice Court, to each justice of the peacewho is first elected or appointed to office after July 1, 1971, and to otherjustices of the peace who so desire and who can be accommodated, between eachgeneral election and January 1 next following.
(b) In statutory amendments and other developments inthe law appropriate to a Justice Court, to all justices of the peace at leastonce each year.
2. Each county shall pay to the Supreme Court thecountys pro rata share of the costs of that instruction as budgeted forpursuant to the Local Government Budget and Finance Act.
3. The Supreme Court shall deposit with the StateTreasurer, for credit to the appropriate account of the Supreme Court, allmoney received pursuant to subsection 2.
(Added to NRS by 1971, 838; A 1975, 1024; 1977, 362;1981, 252; 1983, 108; 1987, 438;
NRS
1. Each justice of the peace who is first elected orappointed to office after July 1, 1971, shall attend the instruction providedpursuant to NRS 4.035, on the first occasionwhen such instruction is offered after his election or appointment, unless excusedby written order of a judge of the district court in and for his county, whichshall be filed with the Court Administrator. Such order is final for allpurposes.
2. If a justice of the peace fails to attend suchinstruction without securing a written order pursuant to subsection 1, heforfeits his office.
(Added to NRS by 1971, 838; A 1977, 362)
NRS
1. The several boards of county commissioners of eachcounty, at the regular meeting in July of any year in which an election ofjustices of the peace is held, shall fix the minimum compensation of thejustices of the peace within their respective townships for the ensuing term,either by stated salaries, payable monthly, semimonthly or at regular 2-weekintervals, or by fees, as provided by law, or both, and they may thereafterincrease or change such compensation during the term but shall not reduce itbelow the minimum so established.
2. If it becomes necessary to appoint a justice of thepeace at any time, the board of county commissioners in the county in whichsuch appointment is made shall fix the compensation, either by salary or byfees, as provided by law, or both, for the term for which the justice of thepeace is appointed.
[Part 1:12:1929; A 1953, 202] + [Part 2:12:1929; NCL 2202] + [Part 3:12:1929; NCL 2203](NRS A 1973, 291)
1. When any justice of the peace is entitled toreceive his necessary traveling expenses for the transaction of publicbusiness, the board of county commissioners shall allow him the same per diemallowances and travel expenses as are provided for state officers in the samecircumstances by NRS 281.160.
2. Any justice of the peace presenting a claim to thecounty for any expenses allowed by law shall attach itemized vouchers andreceipts for the same to his claim, and the boards of county commissioners ofthe several counties are prohibited from allowing such claim unless accompaniedby vouchers and receipts as required by this section.
[Part 1:16:1928; A 1939, 31; 1953, 69; 1955,596](NRS A 1973, 282)
NRS
1. Except as otherwise provided in this section and
(a) On the commencement ofany action or proceeding in the Justice Court, other than in actions commencedpursuant to chapter 73 of NRS, to be paid bythe party commencing the action:
If the sum claimed does not exceed $1,000...................................................... $28.00
If the sum claimed exceeds $1,000 but does not exceed $2,500...................... 50.00
If the sum claimed exceeds $2,500 but does not exceed $4,500.................... 100.00
If the sum claimed exceeds $4,500 but does not exceed $6,500.................... 125.00
If the sum claimed exceeds $6,500 but does not exceed $7,500.................... 150.00
If the sum claimed exceeds $7,500 but does not exceed$10,000.................. 175.00
In all other civil actions........................................................................................ 28.00
(b) For the preparation andfiling of an affidavit and order in an action commenced pursuant to
If the sum claimed does not exceed $1,000...................................................... $25.00
If the sum claimed exceeds $1,000 but does not exceed $2,500...................... 45.00
If the sum claimed exceeds $2,500 but does not exceed $5,000...................... 65.00
(c) On the appearance of anydefendant, or any number of defendants answering jointly, to be paid by him orthem on filing the first paper in the action, or at the time of appearance:
In all civil actions................................................................................................ $12.00
For every additional defendant, appearing separately...................................... 6.00
(d) No fee may be chargedwhere a defendant or defendants appear in response to an affidavit and orderissued pursuant to the provisions of chapter 73of NRS.
(e) For the filing of anypaper in intervention......................................................... $6.00
(f) For the issuance of anywrit of attachment, writ of garnishment, writ of execution or any other writdesigned to enforce any judgment of the court........................................................................................................ $6.00
(g) For filing a notice ofappeal, and appeal bonds.............................................. $12.00
One charge only may bemade if both papers are filed at the same time.
(h) For issuing supersedeasto a writ designed to enforce a judgment or order of the court $12.00
(i) For preparation andtransmittal of transcript and papers on appeal............. $12.00
(j) For celebrating a marriageand returning the certificate to the county recorder $50.00
(k) For entering judgment byconfession................................................................ $6.00
(l) For preparing any copy ofany record, proceeding or paper, for each page. $.30
(m) For each certificate ofthe clerk, under the seal of the court.......................... $3.00
(n) For searching records orfiles in his office, for each year............................... $1.00
(o) For filing and actingupon each bail or property bond ................................. $40.00
2. A justice of the peace shall not charge or collectany of the fees set forth in subsection 1 for any service rendered by him tothe county in which his township is located.
3. A justice of the peace shall not charge or collectthe fee pursuant to paragraph (j) of subsection 1 if he performs a marriageceremony in a commissioner township.
4. Except as otherwise provided by an ordinanceadopted pursuant to the provisions of NRS244.207, the justice of the peace shall, on or before the fifth day of eachmonth, account for and pay to the county treasurer all fees collected duringthe preceding month, except for the fees he may retain as compensation and thefees he is required to pay to the State Controller pursuant to subsection 5.
5. The justice of the peace shall, on or before thefifth day of each month, pay to the State Controller:
(a) An amount equal to $5 of each fee collectedpursuant to paragraph (j) of subsection 1 during the preceding month. The StateController shall deposit the money in the Account for Aid for Victims ofDomestic Violence in the State General Fund.
(b) One-half of the fees collected pursuant toparagraph (o) of subsection 1 during the preceding month. The State Controllershall deposit the money in the Fund for the Compensation of Victims of Crime.
[12:94:1865] + [13:49:1883; BH 2354; C 2478; RL 2015; NCL 2946] + [13:49:1883; A 1885, 129; 1887, 76](NRS A 1959, 707; 1969,408; 1973, 1677; 1975, 501; 1979, 1723; 1981, 468; 1983, 438; 1985, 1620; 1987,496; 1989, 378, 581; 1991, 324, 1016, 1867, 1868, 1869; 1993, 1353, 1378, 1464;1995, 563, 566; 1999,2408; 2001, 2130,2906,
NRS
1. In a county whose population is 100,000 or more,the justice of the peace shall, on the commencement of any action or proceedingin the Justice Court for which a fee is required, and on the answer orappearance of any party in any such action or proceeding for which a fee isrequired, charge and collect a fee of not less than $5 but not more than $10from the party commencing, answering or appearing in the action or proceeding.The fee required pursuant to this section is in addition to any other feerequired by law.
2. On or before the first Monday of each month, thejustice of the peace shall pay over to the county treasurer the amount of allfees collected by him pursuant to subsection 1 for credit to an account fordispute resolution in the county general fund. The money in that account mustnot be used for purposes other than the programs established pursuant to
3. The board of county commissioners of any othercounty may impose by ordinance an additional filing fee of not more than $10 tobe paid on the commencement of any action or proceeding in the Justice Courtfor which a fee is required and on the filing of any answer or appearance inany such action or proceeding for which a fee is required. On or before thefifth day of each month, in a county where this fee has been imposed, thejustice of the peace shall account for and pay over to the county treasurer allfees collected during the preceding month pursuant to this subsection forcredit to an account for dispute resolution in the county general fund. Themoney in the account must be used only to support a program establishedpursuant to NRS 3.500 or
(Added to NRS by 1991, 918; A 1993, 1213; 1997, 2361)
NRS
1. The justice of the peace shall, on the commencementof any action or proceeding in the Justice Court for which a fee is required,and on the answer or appearance of any defendant in any such action orproceeding for which a fee is required, charge and collect a fee of $1 from theparty commencing, answering or appearing in the action or proceeding. Thesefees are in addition to any other fee required by law.
2. On or before the first Monday of each month, thejustice of the peace shall pay over to the county treasurer the amount of allfees collected by him pursuant to subsection 1 for credit to the State GeneralFund. Quarterly, the county treasurer shall remit all money so collected to theState Controller, who shall place the money in an account in the State GeneralFund for use by the Director of the Department of Taxation to administer theprovisions of NRS 360.283.
(Added to NRS by 1991, 327; A 1995, 925;
NRS
1. In addition to any other fee required by law, ineach county that charges a fee pursuant to NRS19.031 to offset a portion of the costs of providing legal services withouta charge to indigent or elderly persons, a board of county commissioners mayimpose by ordinance a filing fee to offset a portion of the costs of providingpro bono programs and of providing legal services without a charge to abused orneglected children and victims of domestic violence to be remitted to theorganization operating the program for legal services that receives the feescharged pursuant to NRS 19.031 forprograms for the indigent in an amount not to exceed $10 to be paid on thecommencement of any action or proceeding in the Justice Court for which afiling fee is required and on the filing of any answer or appearance in anysuch action or proceeding for which a filing fee is required.
2. On or before the first Monday of each month, in acounty in which a fee has been imposed pursuant to subsection 1, the justice ofthe peace shall account for and pay over to the county treasurer any such feescollected by him during the preceding month. The county treasurer shall remitquarterly to the organization to which the fees are to be paid pursuant tosubsection 1 all the money received by him from the justice of the peace.
3. Any fees collected pursuant to this section must beused for the benefit of the persons to whom the organization operating theprogram for legal services that receives money pursuant to this sectionprovides legal services without a charge.
(Added to NRS by
NRS
1. In a county whose population is less than 100,000,the board of county commissioners may, in addition to any other fee required bylaw, impose by ordinance a filing fee of not more than $10 to be paid on thecommencement of any action or proceeding in the Justice Court for which a feeis required and on the filing of any answer or appearance in any such action orproceeding for which a fee is required.
2. On or before the fifth day of each month, in acounty where a fee has been imposed pursuant to subsection 1, the justice ofthe peace shall account for and pay over to the county treasurer any such feescollected by him during the preceding month for credit to an account forprograms for the prevention and treatment of the abuse of alcohol and drugs inthe county general fund. The money in that account must be used only to supportprograms for the prevention or treatment of the abuse of alcohol or drugs whichmay include, without limitation, any program of treatment for the abuse ofalcohol or drugs established in a judicial district pursuant to
(Added to NRS by 1997, 2361)
NRS
[Part 17:49:1883; BH 2358; C 2482; RL 2019; NCL 2950](NRS A 1969, 411; 1991, 328;
NRS
[Part 18:49:1883; BH 2359; C 2483; RL 2020; NCL 2951]
NRS
1. On the first Mondays of January, April, July andOctober, the justices of the peace who receive fees pursuant to the provisionsof NRS 4.060,
2. This section does not require personal attendancein filing statements, which may be transmitted by mail or otherwise directed tothe clerk of the board of county commissioners.
[Part 19:49:1883; BH 2360; C 2484; RL 2021; NCL 2952](NRS A 1991, 328, 918, 920; 1993, 1213)
NRS
[Part 21:49:1883; BH 2362; C 2486; RL 2023; NCL 2954](NRS A 1967, 528)
NRS
[Part 22:49:1883; BH 2363; C 2487; RL 2024; NCL 2955]
NRS
[Part 23:49:1883; BH 2364; C 2488; RL 2025; NCL 2956]
NRS
[Part 25:49:1883; BH 2366; C 2490; RL 2027; NCL 2958](NRS A 1969, 411; 1991, 328, 919, 921; 1993, 1213)
NRS
1. If any vacancy occurs in the office of justice ofthe peace, the board of county commissioners shall either:
(a) Appoint a person to fill the vacancy pursuant to
(b) Provide by resolution for an election procedure tofill the vacancy for the remainder of the unexpired term.
2. The clerk of the board of county commissioners ofeach county shall, within 10 days after a vacancy has occurred in the office ofjustice of the peace by resignation or otherwise, certify the fact of suchvacancy to the Secretary of State.
[Part 31:108:1866; B 2629; BH 1666; C 1812; RL 2795; NCL 4795] + [Part 49:108:1866; A 1933, 165; 1939, 146; 1931 NCL 4813](NRS A 1975, 174; 1997, 1292)
NRS
(Added to NRS by 1965, 1222)
NRS
1. When any justice of the peace, in the formation ofa new township, shall be brought within the limits thereof, he shall be one ofthe justices of the peace allowed to such new township, and shall continue inoffice until the expiration of the term for which he was elected.
2. If, by annexing a part of one township to another,there should be more than the proper number of justices within the limits ofthe township to which such addition shall have been made, any justice of thepeace brought within such township shall, notwithstanding, hold and exercisehis office therein until the expiration of his term of office, but no successorshall be elected to fill any vacancy in office which may be occasioned by theexpiration of the term or otherwise.
3. Whenever any township, in consequence of a partbeing taken to form a new township, or to be annexed to any other township,shall be deprived of its proper number of justices of the peace, the vacancythus produced shall be supplied as in other cases.
[19:108:1866; B 2617; BH 1654; C 1800; RL 2783; NCL 4783] + [20:108:1866; B 2618; BH 1655; C 1801; RL 2784; NCL 4784]
NRS
[2:82:1861; B 2974; BH 2099; C 2318; RL 1689;NCL 2189]
NRS
1. Those caseswhich are pending and undecided and the justice of the peace to whom each casehas been assigned;
2. The typeand number of cases each justice of the peace considered during the precedingmonth;
3. The numberof cases submitted to each justice of the peace during the preceding month;
4. The numberof cases decided by each justice of the peace during the preceding month; and
5. The number of full judicial days in which eachjustice of the peace appeared in court or in chambers in performance of hisduties during the preceding month.
(Added to NRS by
NRS
1. The acknowledgment of conveyances and thesatisfaction of a judgment of any court.
2. An affidavit to be used in any court of justice inthis state.
[Part 63:19:1865; B 968; BH 2482; C 2563; RL 4883; NCL 8425]
NRS
1. Each justice of the peace may use a facsimilesignature produced through a mechanical device in place of his handwrittensignature whenever the necessity arises and upon approval of the Supreme Court,subject to the following conditions:
(a) That the mechanical device must be of such a naturethat the facsimile signature may be removed from the mechanical device and keptin a separate secure place.
(b) That the use of the facsimile signature may be madeonly under the direction and supervision of the justice of the peace whosesignature it 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, 999)
NRS
[Part 1911 CPA 541; RL 5483; NCL 9030]
NRS
[Part 1:33:1937; 1931 NCL 4440]
NRS
(Added to NRS by 1979, 1286; A 1985, 223; 1989, 1907)
NRS
[68:108:1866; B 2666; BH 1703; C 1849; RL 2821; NCL 4821](NRS A 1979, 1458)
NRS
1. Every justice must keep a docket, in which he mustenter:
(a) The title of every action or proceeding.
(b) The object of the action or proceeding; and if asum of money be claimed, the amount thereof.
(c) The date of the summons, and the time of itsreturn; and if an order to arrest the defendant be made, or a writ ofattachment be issued, a statement of the fact.
(d) The time when the parties, or either of them,appear, or their nonappearance, if default be made; a minute of the pleadingsand motions; if in writing, referring to them; if not in writing, a concisestatement of the material parts of the pleading.
(e) Every adjournment, stating on whose application andto what time.
(f) The demand for a trial by jury, when the same ismade, and by whom made, the order for the jury, and the time appointed for thereturn of the jury and for the trial.
(g) The names of the jurors who appear and are sworn,and the names of all witnesses sworn, and at whose request.
(h) The verdict of the jury, and when received; if thejury disagree and are discharged, the fact of such disagreement and discharge.
(i) The judgment of the court, specifying the costsincluded, and the time when rendered.
(j) The issuing of the execution, when issued and towhom; the renewals thereof, if any, and when made, and a statement of any moneypaid to the justice, when and by whom.
(k) The receipt of a notice of appeal, if any be given,and of the appeal bond, if any be filed.
2. The Court Administrator shall prescribe the form ofthe docket and of any other appropriate records to be kept by the justice,which form may vary from court to court according to the number and kind ofcases customarily heard.
[1911 CPA 858; RL 5800; NCL 9347](NRS A 1971,1997)
NRS
[1911 CPA 859; RL 5801; NCL 9348]
NRS
[1911 CPA 860; RL 5802; NCL 9349]
NRS
[1911 CPA 861; RL 5803; NCL 9350]
NRS
[1911 CPA 862; RL 5804; NCL 9351]
NRS
[1911 CPA 863; RL 5805; NCL 9352]
NRS
[1911 CPA 864; RL 5806; NCL 9353]
NRS
[1911 CPA 865; RL 5807; NCL 9354]
NRS
[1911 CPA 866; RL 5808; NCL 9355]
NRS
[1911 CPA 867; RL 5809; NCL 9356]
NRS
[1911 CPA 868; RL 5810; NCL 9357]
NRS
1. Whenever any justice of the peace, in consequenceof ill health, absence from his township, or other cause, is prevented fromattending to his official duties, he shall, if necessary, invite any otherqualified justice of the peace of the same or another county or appoint aperson from the panel of substitute justices of the peace pursuant to
(a) In counties whose population is more than 100,000,appoint any other justice of the peace of the same or another county or aperson from the panel of substitute justices of the peace pursuant to
(b) In counties whose population is 100,000 or less,appoint any other justice of the peace of the same or another county or aperson from the panel of substitute justices of the peace pursuant to
A temporaryvacancy resulting from absence, disability or other cause must not be filled byanother justice of the peace or a substitute justice of the peace for more than30 days at any one time.
2. Whenever any justice of the peace, in consequenceof having too many or too lengthy matters before him, is prevented from timelyattention to his official duties, he may, with the consent of the board ofcounty commissioners, invite any other duly qualified justice of the peace ofthe same or another county to attend to some or all of his official duties,including those of registry agent, for no more than 30 days at any one time.
3. A justice of the peace from another countytemporarily acting in the place of another justice of the peace has no claimfor services rendered by him pursuant to this section against the county inwhich he customarily serves. He is entitled to receive his necessary travelingexpenses from the county in which he is invited to serve, together with anyadditional compensation authorized by the board of county commissioners of thatcounty.
[1:101:1881; A 1885, 20; 1913, 9; 1949, 141; 1943 NCL 8473](NRS A 1959, 43; 1979, 1367; 1983, 569; 1991, 14, 657)
NRS
(Added to NRS by 1979, 461; A 1983, 901; 1991, 657)
NRS
1. Except as otherwise provided in subsection 5, thecounty clerk, with the approval of the board of county commissioners and thejustice of the peace, may appoint a deputy clerk for the Justice Court. Thecompensation of a clerk so appointed must be fixed by the board of countycommissioners.
2. The deputy clerk shall take the constitutional oathof office and give bond in the sum of $2,000 for the faithful discharge of theduties of the office, and in the same manner as is required of other officersof the township and county. The county clerk is not personally liable, on hisofficial bond or otherwise, for the acts of a deputy clerk appointed pursuantto this section.
3. The deputy clerk may, under the direct supervisionof the justice of the peace, administer oaths, take and certify affidavits andacknowledgments, issue process, enter suits on the docket, and do all clericalwork in connection with the keeping of the records, files and dockets of thecourt, and shall perform any other duties in connection with the office as thejustice of the peace prescribes.
4. Except as otherwise provided in subsection 5, wherethere is more than one justice of the peace serving in any township, the countyclerk may, with the approval of the board of county commissioners and thejustices of the peace, appoint a second deputy who shall comply with therequirements of subsection 2 and has the powers and duties prescribed insubsection 3.
5. In a county whose population is 400,000 or more,the board of county commissioners, with the approval of the justice of thepeace, may appoint a deputy clerk for a Justice Court. If there is more thanone justice of the peace serving in any township, the board, with the approvalof the justices of the peace, may appoint one or more additional deputy clerks.
6. If no deputy clerk is appointed for a township, thejustice of the peace shall be deemed to be the clerk of the court and mayappoint as many deputy clerks for the Justice Court as he determines necessary.
[1:178:1941; 1931 NCL 8475.10] + [1:164:1939; A1943, 200; 1947, 607; 1949, 337; 1951, 173](NRS A 1959, 496; 1963, 287; 1965,1221; 1985, 50; 1989, 1907; 1997, 4)
NRS
1. A justice of the peace in a township whosepopulation is 40,000 or more may appoint a referee to take testimony andrecommend orders and a judgment:
(a) In any action filed pursuant to
(b) In any action filed pursuant to
(c) In any action for a misdemeanor constituting aviolation of chapter 484 of NRS, except
(d) In any action for a misdemeanor constituting aviolation of a county traffic ordinance.
2. The referee must meet the qualifications of ajustice of the peace as set forth in subsections 1 and 2 of
3. The referee:
(a) Shall take testimony;
(b) Shall make findings of fact, conclusions of law andrecommendations for an order or judgment;
(c) May, subject to confirmation by the justice of thepeace, enter an order or judgment; and
(d) Has any other power or duty contained in the orderof reference issued by the justice of the peace.
4. The findings of fact, conclusions of law andrecommendations of the referee must be furnished to each party or his attorneyat the conclusion of the proceeding or as soon thereafter as possible. Within 5days after receipt of the findings of fact, conclusions of law andrecommendations, a party may file a written objection. If no objection isfiled, the court shall accept the findings, unless clearly erroneous, and thejudgment may be entered thereon. If an objection is filed within the 5-dayperiod, the justice of the peace shall review the matter by trial de novo,except that if all of the parties so stipulate, the review must be confined tothe record.
5. A referee must be paid one-half of the hourlycompensation of a justice of the peace.
(Added to NRS by 1989, 378; A 1991, 47;
NRS
[Part 1911 CPA 772; A 1913, 359; NCL 9261]
NRS
1. A justice of the peace shall in the manner providedby law make and file a claim against the county to reimburse him for moneysexpended for postage stamps and charges of the post office for registered orcertified mail incurred in connection with the duties prescribed in
2. The board of county commissioners of every countyshall furnish to every justice of the peace in their county a reasonable supplyof the various blank forms required in small claims actions, and also allforms, docket book and stationery necessary for the use of the justice incomplying with the provisions of chapter 73 ofNRS and the rules of court.
[1911 CPA 874m; added 1923, 260; R 1927, 297; added1927, 297; NCL 9376] + [Part 1911 CPA 874n; added 1923, 260; R 1927, 297;added 1927, 297; A 1951, 174](NRS A 1969, 95, 411)(Substituted in revisionfor NRS 4.380)
1. Except as otherwise provided in subsection 2,Justice Courts have jurisdiction of the following civil actions and proceedingsand no others except as otherwise provided by specific statute:
(a) In actions arising on contract for the recovery ofmoney only, if the sum claimed, exclusive of interest, does not exceed $10,000.
(b) In actions for damages for injury to the person, orfor taking, detaining or injuring personal property, or for injury to realproperty where no issue is raised by the verified answer of the defendantinvolving the title to or boundaries of the real property, if the damageclaimed does not exceed $10,000.
(c) Except as otherwise provided in paragraph (l), inactions for a fine, penalty or forfeiture not exceeding $10,000, given bystatute or the ordinance of a county, city or town, where no issue is raised bythe answer involving the legality of any tax, impost, assessment, toll ormunicipal fine.
(d) In actions upon bonds or undertakings conditionedfor the payment of money, if the sum claimed does not exceed $10,000, thoughthe penalty may exceed that sum. Bail bonds and other undertakings posted incriminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personalproperty, if the value of the property does not exceed $10,000.
(f) To take and enter judgment on the confession of adefendant, when the amount confessed, exclusive of interest, does not exceed$10,000.
(g) Of actions for the possession of lands andtenements where the relation of landlord and tenant exists, when damagesclaimed do not exceed $10,000 or when no damages are claimed.
(h) Of actions when the possession of lands andtenements has been unlawfully or fraudulently obtained or withheld, whendamages claimed do not exceed $10,000 or when no damages are claimed.
(i) Of suits for the collection of taxes, where theamount of the tax sued for does not exceed $10,000.
(j) Of actions for the enforcement of mechanics liens,where the amount of the lien sought to be enforced, exclusive of interest, doesnot exceed $10,000.
(k) Of actions for the enforcement of liens of ownersof facilities for storage, where the amount of the lien sought to be enforced,exclusive of interest, does not exceed $10,000.
(l) In actions for a fine imposed for a violation of
(m) Except as otherwise provided in this paragraph, inany action for the issuance of a temporary or extended order for protectionagainst domestic violence. A Justice Court does not have jurisdiction in anaction for the issuance of a temporary or extended order for protection againstdomestic violence:
(1) In a county whose population is more than100,000 and less than 400,000;
(2) In any township whose population is 100,000or more located within a county whose population is more than 400,000; or
(3) If a party to the action is a party inanother action pending in the district court in which such an order may begranted by the district court.
(n) In an action for the issuance of a temporary orextended order for protection against harassment in the workplace pursuant to
(o) In small claims actions under the provisions of
(p) In actions to contest the validity of liens onmobile homes or manufactured homes.
(q) In any action pursuant to
(r) In actions transferred from the district courtpursuant to NRS 3.221.
(s) In any action for the issuance of a temporary orextended order pursuant to NRS 33.400.
2. The jurisdiction conferred by this section does notextend to civil actions, other than for forcible entry or detainer, in whichthe title of real property or mining claims or questions affecting theboundaries of land are involved.
3. Justice Courts have jurisdiction of allmisdemeanors and no other criminal offenses except as otherwise provided byspecific statute. Upon approval of the district court, a Justice Court maytransfer original jurisdiction of a misdemeanor to the district court for the purposeof assigning an offender to a program established pursuant to
4. Except as otherwise provided in subsections 5 and6, in criminal cases the jurisdiction of justices of the peace extends to thelimits of their respective counties.
5. In the case of any arrest made by a member of theNevada Highway Patrol, the jurisdiction of the justices of the peace extends tothe limits of their respective counties and to the limits of all counties whichhave common boundaries with their respective counties.
6. Each Justice Court has jurisdiction of anyviolation of a regulation governing vehicular traffic on an airport within thetownship in which the court is established.
[Part 1911 CPA 772; A 1913, 359; NCL 9261] +[31:19:1865; B 936; BH 2450; C 2531; RL 4851; NCL 8393] + [1911 Cr.Prac. 620; RL 7470; NCL 11267](NRS A 1961, 423; 1963, 882; 1979, 1650,1724; 1981, 10, 173, 469, 728; 1985, 1621, 1970, 2287; 1987, 103; 1989, 13;1991, 325, 1722, 2176; 1993, 512, 602, 1380; 1995, 565;
NRS
1. The transfer of the action shall not be deemed toconstitute the filing of a new action in the Justice Court, and a party to theaction may not be required to pay a new filing fee to the Justice Court as the resultof the transfer of the action; and
2. The transfer of the action must not be construed toaffect any period of limitation concerning the filing of the action.
(Added to NRS by
NRS
(Added to NRS by 1987, 2231; A 1995,873)(Substituted in revision for NRS 4.3768)
NRS
1. Except as otherwise provided in subsection 2,
(a) Make restitution to the owner of any property thatis lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of community service, for notmore than 200 hours;
(c) Actively participate in a program of professionalcounseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlledsubstances;
(e) Refrain from engaging in any criminal activity;
(f) Engage or refrain from engaging in any otherconduct deemed appropriate by the justice of the peace;
(g) Submit to a search and seizure by the chief of adepartment of alternative sentencing, an assistant alternative sentencingofficer or any other law enforcement officer at any time of the day or nightwithout a search warrant; and
(h) Submit to periodic tests to determine whether theoffender is using a controlled substance or consuming alcohol.
2. If a person is convicted of a misdemeanor thatconstitutes domestic violence pursuant to NRS33.018, the justice of the peace may, after the person has served anymandatory minimum period of confinement, suspend the remainder of the sentenceof the person for not more than 3 years upon the condition that the personactively participate in:
(a) A program of treatment for the abuse of alcohol ordrugs which is certified by the Health Division of the Department of Health andHuman Services;
(b) A program for the treatment of persons who commitdomestic violence that has been certified pursuant to
(c) The programs set forth in paragraphs (a) and (b),
and that hecomply with any other condition of suspension ordered by the justice of thepeace.
3. The justice of the peace may order reports from aperson whose sentence is suspended at such times as he deems appropriateconcerning the compliance of the offender with the conditions of suspension. Ifthe offender complies with the conditions of suspension to the satisfaction ofthe justice of the peace, the sentence may be reduced to not less than theminimum period of confinement established for the offense.
4. The justice of the peace may issue a warrant forthe arrest of an offender who violates or fails to fulfill a condition ofsuspension.
(Added to NRS by 1987, 1134; A 1989, 198; 1997, 34,1475, 1804; 1999, 486,1381,
NRS
(Added to NRS by 1985, 979)
1. If a justice of the peace orders a defendant who isconvicted of a misdemeanor to make restitution to a person named in the order,the Justice Court or the county in which the Justice Court is located shallcollect the restitution paid by the defendant.
2. All money for restitution collected by a JusticeCourt or county pursuant to subsection 1 must be paid to the person named inthe order in the manner set forth in the order.
3. If a Justice Court or county that has collectedmoney for restitution pursuant to subsection 1 cannot, after a good faitheffort, locate the person named in the order, it shall deposit the money in afund for the compensation of victims of crime created by the office of thedistrict attorney of the county in which the court is located.
(Added to NRS by
RESIDENTIAL CONFINEMENT
NRS
(Added to NRS by 1987, 2230)
NRS
1. Except as otherwise provided in subsection 7, inlieu of imposing any punishment other than a minimum sentence required bystatute, a justice of the peace may sentence a person convicted of amisdemeanor to a term of residential confinement. In making this determination,the justice of the peace shall consider the criminal record of the convictedperson and the seriousness of the crime committed.
2. In sentencing a convicted person to a term ofresidential confinement, the justice of the peace shall:
(a) Require the convicted person to be confined to hisresidence during the time he is away from his employment, public service orother activity authorized by the justice of the peace; and
(b) Require intensive supervision of the convictedperson, including, without limitation, electronic surveillance and unannouncedvisits to his residence or other locations where he is expected to be todetermine whether he is complying with the terms of his sentence.
3. In sentencing a convicted person to a term ofresidential confinement, the justice of the peace may, when the circumstanceswarrant, require the convicted person to submit to:
(a) A search and seizure by the chief of a departmentof alternative sentencing, an assistant alternative sentencing officer or anyother law enforcement officer at any time of the day or night without a searchwarrant; and
(b) Periodic tests to determine whether the offender isusing a controlled substance or consuming alcohol.
4. Except as otherwise provided in subsection 5, anelectronic device may be used to supervise a convicted person sentenced to aterm of residential confinement. The device must be minimally intrusive andlimited in capability to recording or transmitting information concerning thepresence of the person at his residence, including, but not limited to, thetransmission of still visual images which do not concern the activities of theperson while inside his residence. A device which is capable of recording ortransmitting:
(a) Oral or wire communications or any auditory sound;or
(b) Information concerning the activities of the personwhile inside his residence,
must not beused.
5. An electronic device must be used in the manner setforth in subsection 4 to supervise a person who is sentenced pursuant toparagraph (b) of subsection 1 of NRS484.3792 for a second violation within 7 years of driving under theinfluence of intoxicating liquor or a controlled substance.
6. A term of residential confinement, together withthe term of any minimum sentence required by statute, may not exceed themaximum sentence which otherwise could have been imposed for the offense.
7. The justice of the peace shall not sentence aperson convicted of committing a battery which constitutes domestic violencepursuant to NRS 33.018 to a term ofresidential confinement in lieu of imprisonment unless the justice of the peacemakes a finding that the person is not likely to pose a threat to the victim ofthe battery.
8. The justice of the peace may issue a warrant forthe arrest of a convicted person who violates or fails to fulfill a conditionof residential confinement.
(Added to NRS by 1987, 2230; A 1991, 56, 1725; 1993,1500; 1997, 1476, 1805, 3360;
NRS
1. In sentencing a person to a term of residentialconfinement, a justice of the peace may establish the terms and conditions ofthat confinement.
2. The justice of the peace may, at any time, modifythe terms and conditions of the residential confinement.
3. The justice of the peace shall cause a copy of hisorder to be delivered to the convicted person and the local law enforcementagency.
(Added to NRS by 1987, 2230)
NRS
(Added to NRS by 1987, 2231)
SOUND RECORDING
NRS
(Added to NRS by 1979, 1511; A 1993, 1410)
NRS
1. Each justice of the peace shall appoint and, withthe approval of the board of county commissioners, fix the compensation of asuitable person, who need not be a certified court reporter and may have otherresponsibilities in the court to operate the sound recording equipment. Theperson so appointed shall subscribe to an oath that he will so operate it as torecord all of the proceedings.
2. The justice of the peace may designate the same oranother person to transcribe the recording into a written transcript. Theperson so designated shall subscribe to an oath that he has correctlytranscribed it. The transcript may be used for all purposes for whichtranscripts are used and is subject to correction in the same manner as othertranscripts.
(Added to NRS by 1979, 1511; A 1993, 1410)
NRS
1. If the person designated to transcribe theproceedings is:
(a) Regularly employed as a public employee, he is notentitled to additional compensation for preparing the transcript.
(b) Not regularly employed as a public employee and nota certified court reporter, he is entitled to such compensation for preparingthe transcript as the board of county commissioners determines.
(c) A certified court reporter, he is entitled to thesame compensation as set forth in NRS 3.370.
2. The compensation for transcripts and copies must bepaid by the party ordering them. In a civil case, the preparation of the transcriptneed not commence until the compensation has been deposited with the deputyclerk of the court.
(Added to NRS by 1979, 1511; A 1985, 51; 1987, 910;1993, 1410; 2005, 190)
NRS
(Added to NRS by 1979, 1512)
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