2005 Nevada Revised Statutes - Chapter 13 — Place of Trial

CHAPTER 13 - PLACE OF TRIAL

NRS 13.010 Whereactions are to be commenced.

NRS 13.020 Venueof actions for recovery of penalties and forfeitures; actions against publicofficers; actions against State of Nevada.

NRS 13.030 Venueof actions by or against counties.

NRS 13.040 Venuein other cases.

NRS 13.050 Casesin which venue may be changed.

NRS 13.060 Transferof cases for trial to other counties within judicial district when actionsuncontested; stipulations.

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NRS 13.010 Whereactions are to be commenced.

1. When a person has contracted to perform anobligation at a particular place, and resides in another county, the actionmust be commenced, and, subject to the power of the court to change the placeof trial as provided in this chapter, must be tried in the county in which suchobligation is to be performed or in which he resides; and the county in whichthe obligation is incurred shall be deemed to be the county in which it is tobe performed, unless there is a special contract to the contrary.

2. Actions for the following causes shall be tried inthe county in which the subject of the action, or some part thereof, issituated, subject to the power of the court to change the place of trial asprovided in this chapter:

(a) For the recovery of real property, or an estate, orinterest therein, or for the determination in any form of such right orinterest, and for injuries to real property.

(b) For the partition of real property.

(c) For the foreclosure of all liens and mortgages onreal property. Where the real property is situated partly in one county andpartly in another the plaintiff may select either of the counties, and thecounty so selected is the proper county for the trial of such action; but, inthe case mentioned in this paragraph, if the plaintiff prays in his complaintfor an injunction pending the action, or applies pending the action for aninjunction, the proper county for the trial shall be the county in which the defendantresides or a majority of the defendants reside at the commencement of theaction.

[1911 CPA 69; A 1935, 210; 1931 NCL 8568]

NRS 13.020 Venueof actions for recovery of penalties and forfeitures; actions against publicofficers; actions against State of Nevada. Actionsfor the following causes must be tried in the county where the cause, or somepart thereof, arose, subject to the power of the court to change the place oftrial:

1. For the recovery of a penalty or forfeiture imposedby statute; except, that when it is imposed for an offense committed on a lake,river or other stream of water, situated in two or more counties, the actionmay be brought in any county bordering on such lake, river or stream, andopposite to the place where the offense was committed.

2. Against a public officer, or person especiallyappointed to execute his duties, for an act done by him in virtue of hisoffice, or against a person who, by his command, or in his aid, does anythingtouching the duties of the officer.

3. Against the State of Nevada or any agency of theState for any tort action, except that any such tort action may also be broughtin Carson City.

[1911 CPA 70; RL 5012; NCL 8569](NRS A 1993,147)

NRS 13.030 Venueof actions by or against counties.

1. Actions against a county may be commenced in the districtcourt of the judicial district embracing the county; but actions betweencounties shall be commenced in a court of competent jurisdiction in any countynot a party to the action.

2. Immediately on the service of process, the officerserved shall deliver such process and all papers accompanying such service tothe district attorney for the county.

3. Actions brought for or against the county shall bein the name of the county.

[1911 CPA 71; RL 5013; NCL 8570]

NRS 13.040 Venuein other cases. In all other cases, the actionshall be tried in the county in which the defendants, or any one of them, mayreside at the commencement of the action; or, if none of the defendants residein the State, or if residing in the State the county in which they so reside beunknown to the plaintiff, the same may be tried in any county which theplaintiff may designate in his complaint; and if any defendant, or defendants,may be about to depart from the State, such action may be tried in any countywhere either of the parties may reside or service be had, subject, however, tothe power of the court to change the place of trial as provided in thischapter.

[1911 CPA 72; RL 5014; NCL 8571]

NRS 13.050 Casesin which venue may be changed.

1. If the county designated for that purpose in thecomplaint be not the proper county, the action may, notwithstanding, be triedtherein, unless the defendant before the time for answering expires demand inwriting that the trial be had in the proper county, and the place of trial bethereupon changed by consent of the parties, or by order of the court, asprovided in this section.

2. The court may, on motion, change the place of trialin the following cases:

(a) When the county designated in the complaint is notthe proper county.

(b) When there is reason to believe that an impartialtrial cannot be had therein.

(c) When the convenience of the witnesses and the endsof justice would be promoted by the change.

3. When the place of trial is changed, all other proceedingsshall be had in the county to which the place of trial is changed, unlessotherwise provided by the consent of the parties in writing duly filed, or byorder of the court, and the papers shall be filed or transferred accordingly.

[1911 CPA 73; RL 5015; NCL 8572]

NRS 13.060 Transferof cases for trial to other counties within judicial district when actionsuncontested; stipulations. In any civil actionwhere the complaint or petition is uncontested, or where the parties sostipulate, the court in the county where the action is brought may, uponapplication of the parties, or of the complainant or petitioner if the actionis uncontested and all required notices have been given, transfer the actionfor trial to another county within the same judicial district.

(Added to NRS by 1967, 693)

 

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