2005 Nevada Revised Statutes - Chapter 12 — Parties

CHAPTER 12 - PARTIES

NRS 12.010 Assignmentof thing in action not to prejudice defense.

NRS 12.015 Actionsinvolving indigent persons.

NRS 12.020 Actionsby married persons.

NRS 12.030 Defenseof actions against husband and wife.

NRS 12.040 Desertedhusband or wife as a party.

NRS 12.050 Appointmentof guardian ad litem.

NRS 12.070 Parentor guardian may maintain action for seduction.

NRS 12.080 Parentor guardian may maintain action for injury of minor child.

NRS 12.100 Actionnot to abate by death of any party after verdict.

NRS 12.105 Stateand local governmental agencies may be sued without naming members of theirgoverning bodies; service.

NRS 12.107 Limitationon commencement of lawsuit against manufacturer or distributor of firearm orammunition or trade association related to firearms or ammunition; exceptionfor breach of contract or warranty.

NRS 12.110 Associatesmay be sued by name of association; summons; judgment to bind joint property.

NRS 12.120 Unknownheirs to real property may be made parties; allegations and proof that namesand residences of heirs are unknown.

NRS 12.130 Intervention:Right to intervene; procedure, determination and costs.

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NRS 12.010 Assignmentof thing in action not to prejudice defense. Exceptas provided for secured transactions in chapter104 of NRS, in the case of an assignment of a thing in action, the actionby the assignee shall be without prejudice to any setoff or other defenseexisting at the time of, or before notice of, the assignment; but this sectionshall not apply to a negotiable promissory note, or bill of exchange,transferred in good faith and upon good consideration before due.

[1911 CPA 46; RL 4988; NCL 8545](NRS A 1965,913)

NRS 12.015 Actionsinvolving indigent persons.

1. Any person who desires to prosecute or defend acivil action may:

(a) File an affidavit with the court setting forth withparticularity facts concerning his income, property and other resources whichestablish that he is unable to prosecute or defend the action because he isunable to pay the costs of so doing; or

(b) Submit a statement or otherwise indicate to thecourt that he is a client of a program for legal aid.

2. If the court is satisfied that a person who filesan affidavit pursuant to subsection 1 is unable to pay the costs of prosecutingor defending the action or if the court finds that a person is a client of aprogram for legal aid, the court shall order:

(a) The clerk of the court:

(1) To allow the person to commence or defendthe action without costs; and

(2) To file or issue any necessary writ,process, pleading or paper without charge.

(b) The sheriff or other appropriate public officerwithin this State to make personal service of any necessary writ, process,pleading or paper without charge.

3. If the person is required to have proceedingsreported or recorded, or if the court determines that the reporting, recordingor transcription of proceedings would be helpful to the adjudication orappellate review of the case, the court shall order that the reporting,recording or transcription be performed at the expense of the county in whichthe action is pending but at a reduced rate as set by the county.

4. If the person prevails in the action, the courtshall enter its order requiring the losing party to pay into court within 5days the costs which would have been incurred by the prevailing party, andthose costs must then be paid as provided by law.

5. Where the affidavit establishes that the person isunable to defend an action, the running of the time within which to appear andanswer or otherwise defend is tolled during the period between the filing ofthe affidavit and the ruling of the court thereon.

6. An affidavit filed pursuant to this section, andany application or request for an order filed with the affidavit, does notconstitute a general appearance before the court by the affiant or give thecourt personal jurisdiction over him.

7. The order of the court to which application is madepursuant to this section is not appealable.

8. As used in this section, client of a program forlegal aid means a person:

(a) Who is represented by an attorney who is employedby or volunteering for a program for legal aid organized under the auspices ofthe State Bar of Nevada, a county or local bar association, a county ormunicipal program for legal services or other program funded by this State orthe United States to provide legal assistance to indigent persons; and

(b) Whose eligibility for such representation is basedupon indigency.

(Added to NRS by 1967, 1209; A 1989, 201; 1991, 455; 2005, 197)

NRS 12.020 Actionsby married persons. A husband and wife may suejointly on all causes of action belonging to either or both of them, except:

1. When the action is for personal injuries, thespouse having sustained personal injuries is a necessary party; and

2. When the action is for compensation for servicesrendered, the spouse having rendered the services is a necessary party.

[1911 CPA 47; A 1937, 29; 1931 NCL 8546](NRS A1975, 557)

NRS 12.030 Defenseof actions against husband and wife. Ifhusband and wife are sued together, either or both may defend, and if eitherneglects to defend, the other may defend for both.

[1911 CPA 48; RL 4990; NCL 8547](NRS A 1975,558)

NRS 12.040 Desertedhusband or wife as a party. When a husband hasdeserted his family, the wife may prosecute or defend in his name any actionwhich he might have prosecuted or defended, and shall have the same powers andrights therein as he might have, and, under like circumstances, the husbandshall have the same right.

[1911 CPA 49; RL 4991; NCL 8548]

NRS 12.050 Appointmentof guardian ad litem. When a guardian ad litemis appointed by the court, he must be appointed as follows:

1. When the infant is plaintiff, upon the applicationof the infant if he be of the age of 14 years, or, if under that age, upon theapplication of a relative or friend of the infant.

2. When the infant is defendant, upon the applicationof the infant if he be of the age of 14 years and apply within 10 days afterthe service of the summons, or, if under that age or if he neglect to so apply,then upon the application of a relative or friend of the infant, or any otherparty to the action.

3. When an insane or incompetent person is a party toan action or proceeding, upon the application of a relative or friend of suchinsane or incompetent person, or of any other party to the action orproceeding.

[1911 CPA 51; RL 4993; NCL 8550]

NRS 12.070 Parentor guardian may maintain action for seduction. Eitherof the parents or the guardian of a male or female minor child under the age of16 years may, on behalf of that child, bring an action for the seduction ofthat child, against a person 3 or more years older than the child. The parentor guardian, as plaintiff, need not show that the child was living with him orwas in his service at the time of the seduction or later, or that the parent orguardian suffered a loss of service.

[1911 CPA 53; A 1913, 27; NCL 8552](NRS A 1979,1171)

NRS 12.080 Parentor guardian may maintain action for injury of minor child. The father and mother jointly, or the father or themother, without preference to either, may maintain an action for the injury ofa minor child who has not been emancipated, if the injury is caused by thewrongful act or neglect of another. A guardian may maintain an action for theinjury of his unemancipated ward, if the injury is caused by the wrongful actor neglect of another, the action by the guardian to be prosecuted for thebenefit of the ward. Any such action may be maintained against the personcausing the injury, or, if the person is employed by another person who isresponsible for his conduct, also against that other person.

[1911 CPA 54; A 1913, 27; NCL 8553](NRS A 1960,321; 1969, 891; 1971, 151; 1987, 1281)

NRS 12.100 Actionnot to abate by death of any party after verdict. Afterverdict shall have been rendered in any action for a wrong, such action shallnot abate by the death of any party, but the case shall proceed thereafter inthe same manner as in cases where the cause of action now survives by law.

[Part 1911 CPA 62; RL 5004; NCL 8561]

NRS 12.105 Stateand local governmental agencies may be sued without naming members of theirgoverning bodies; service. Any politicalsubdivision, public corporation, special district, or other agency of state orlocal government which is capable of being sued in its own name may be sued bynaming it as the party without naming the individual members of its governingbody in their representative capacity. In addition to any other method whichmay be provided by statute or rule of court, service may be made upon the clerkor secretary of the political subdivision, corporation or agency.

(Added to NRS by 1979, 394)

NRS 12.107 Limitationon commencement of lawsuit against manufacturer or distributor of firearm orammunition or trade association related to firearms or ammunition; exceptionfor breach of contract or warranty.

1. Except as otherwise provided in subsection 2, theState of Nevada is the only governmental entity in this state that may commencea lawsuit against a manufacturer or distributor of a firearm or ammunition or atrade association related to firearms or ammunition for damages, abatement orinjunctive relief resulting from or relating to the lawful design ormanufacture of a firearm or ammunition or the marketing or sale of a firearm orammunition to the public.

2. The provisions of this section do not prohibit acounty, city, local government or other political subdivision of this state oran agency thereof from commencing a lawsuit against a manufacturer ordistributor of a firearm or ammunition for breach of contract or warrantyconcerning a firearm or ammunition purchased by the county, city, localgovernment or other political subdivision of this state or agency thereof.

(Added to NRS by 1999, 1411)

NRS 12.110 Associatesmay be sued by name of association; summons; judgment to bind joint property. When two or more persons, associated in any business,transact such business under a common name, whether it comprise the names ofsuch persons or not, the associates may be sued by such common name, thesummons in such cases being served on one or more of the associates; and thejudgment in the action shall bind the joint property of all the associates, inthe same manner as if all had been made defendants and had been sued upon theirjoint liability.

[1911 CPA 65; RL 5007; NCL 8564]

NRS 12.120 Unknownheirs to real property may be made parties; allegations and proof that namesand residences of heirs are unknown.

1. In any action in which the title to real propertysituate in this state is involved in which the heir or heirs, or any thereof,of a deceased person may be necessary or proper party or parties defendant andthe name or names and place or places of residence of which heir or heirs areunknown to the plaintiff or plaintiffs, such heir or heirs may be made a partyor parties defendant by being described in the complaint and summons as theunknown heir or heirs of such deceased person, giving the name and last placeof residence of such deceased person, with any further description that may be necessaryto reasonably identify him.

2. In any such action the plaintiff or plaintiffsshall allege in the complaint, and prove at the trial, that diligent search andinquiry have been made by or in behalf of the plaintiff or plaintiffs toascertain the name or names, and place or places of residence of such heir orheirs, without success, and that the same are and remain unknown to theplaintiff or plaintiffs.

[1911 CPA 67; RL 5009; NCL 8566] + [1911 CPA 68; RL 5010; NCL 8567]

NRS 12.130 Intervention:Right to intervene; procedure, determination and costs.

1. Before the trial, any person may intervene in anaction or proceeding, who has an interest in the matter in litigation, in thesuccess of either of the parties, or an interest against both.

2. An intervention takes place when a third person ispermitted to become a party to an action or proceeding between other persons,either by joining the plaintiff in claiming what is sought by the complaint, orby uniting with the defendant in resisting the claims of the plaintiff, or bydemanding anything adversely to both the plaintiff and the defendant.

3. Intervention is made as provided by the NevadaRules of Civil Procedure.

4. The court shall determine upon the intervention atthe same time that the action is decided. If the claim of the party interveningis not sustained, he shall pay all costs incurred by the intervention.

[Part 1911 CPA 64; RL 5006; NCL 8563]

 

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