2005 Nevada Revised Statutes - Chapter 19 — Fees

CHAPTER 19 - FEES

NRS 19.010 Foliodefined.

NRS 19.013 Countyclerks.

NRS 19.020 Commencementof civil action; administration of estate; guardianship; appeal from JusticeCourt.

NRS 19.030 Additionalfees in civil actions: State General Fund.

NRS 19.031 Additionalfees in civil actions: Programs for legal aid.

NRS 19.0312 Additionalfees in civil actions: Pro bono programs and programs for abused or neglectedchildren and victims of domestic violence.

NRS 19.0313 Additionalfees in civil actions: Programs of mediation in cases involving custody or visitationof child; neighborhood justice centers.

NRS 19.03135 Additionalfees in civil actions: Programs for prevention and treatment of abuse ofalcohol and drugs.

NRS 19.0315 Additionalfees in civil actions: Programs for alternative dispute resolution.

NRS 19.033 Additionalfees in action for dissolution of marriage.

NRS 19.0335 Additionalfees in civil action involving multiple parties.

NRS 19.034 Reducedfees for adoption of child with special needs.

NRS 19.035 Feesnot to be charged or collected for services rendered certain governments orofficers.

NRS 19.040 Tableto be posted; penalty.

NRS 19.050 Clerksto receive costs of publication.

NRS 19.060 Paymentin advance.

NRS 19.070 Limitationon fees charged by county clerk.

NRS 19.080 Clerksto keep books.

NRS 19.090 Quarterlyfinancial statements of clerks.

NRS 19.100 Penaltyfor violating NRS 19.070, 19.080 or 19.090.

NRS 19.110 Penaltyfor taking more or greater fees than authorized by law.

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NRS 19.010 Foliodefined. Folio, when used as a measure forcomputing fees or compensation, shall be construed to mean 100 words, countingevery figure necessarily used as a word. Any portion of a folio, when in thewhole draft or paper there should not be a complete folio, and when there shallbe an excess over the last folio exceeding a quarter of a folio, shall becomputed as a folio. The filing of a paper shall be construed to include thecertificate of the same.

[34:49:1883; BH 2375; C 2499; RL 2036; NCL 2967]

NRS 19.013 Countyclerks.

1. Except as otherwise provided by specific statute,each county clerk shall charge and collect the following fees:

 

On thecommencement of any action or proceeding in the district court, or on thetransfer of any action or proceeding from a district court of another county,except probate or guardianship proceedings, to be paid by the party commencingthe action, proceeding or transfer.......................................................................... $56

On an appeal tothe district court of any case from a Justice Court or a municipal court, or onthe transfer of any case from a Justice Court or a municipal court..................................................................... 42

On the filing of apetition for letters testamentary, letters of administration, setting aside anestate without administration, or a guardianship, which fee includes the courtfee prescribed by NRS 19.020, to be paidby the petitioner:

Where the statedvalue of the estate is more than $2,500...................... 72

Where the statedvalue of the estate is $2,500 or less, no fee may be charged or collected.

On the filing of apetition to contest any will or codicil, to be paid by the petitioner 44

On the filing ofan objection or cross-petition to the appointment of an executor, administratoror guardian, or an objection to the settlement of account or any answer in anestate or guardianship matter 44

On the appearanceof any defendant or any number of defendants answering jointly, to be paid uponthe filing of the first paper in the action by him or them.................................................................... 44

For filing anotice of appeal....................................................................................... 24

For issuing atranscript of judgment and certifying thereto.................................. 3

For preparing anycopy of any record, proceeding or paper, for each page....... 1

For eachcertificate of the clerk, under the seal of the court.................................. 3

For examining andcertifying to a copy of any paper, record or proceeding prepared by another andpresented for his certificate.................................................................................................................................. 5

For filing allpapers not otherwise provided for, other than papers filed in actions andproceedings in court and papers filed by public officers in their officialcapacity............................................................... 5

For issuing anycertificate under seal, not otherwise provided for...................... 6

For searchingrecords or files in his office, for each year....................................... 1

For filing andrecording a bond of a notary public, per name.............................. 15

For entering thename of a firm or corporation in the register of the county clerk 20

 

2. Except as otherwise provided by specific statute,all fees prescribed in this section are payable in advance if demanded by thecounty clerk.

3. The fees set forth in subsection 1 are payment infull for all services rendered by the county clerk in the case for which thefees are paid, including the preparation of the judgment roll, but the fees donot include payment for typing, copying, certifying or exemplifying orauthenticating copies.

4. No fee may be charged any attorney at law admittedto practice in this State for searching records or files in the office of theclerk. No fee may be charged for any services rendered to a defendant or hisattorney in any criminal case or in habeas corpus proceedings.

5. Each county clerk shall, on or before the fifth dayof each month, account for and pay to the county treasurer all fees collectedduring the preceding month.

(Added to NRS by 1969, 268; A 1977, 465; 1979, 42;1981, 1792; 1985, 223; 1991, 1322; 1993, 1355; 1997, 111, 2269, 2350; 2001, 3215)

NRS 19.020 Commencementof civil action; administration of estate; guardianship; appeal from JusticeCourt.

1. At the time of the commencement of every civilaction or other proceeding in the several district courts, the plaintiff shallpay the clerk of the court in which the action is commenced the sum of $3,except as otherwise provided by specific statute.

2. At the commencement of any proceeding in anydistrict court for the purpose of procuring an appointment of administrationupon the estate of any deceased person, or procuring an appointment asguardian, the party instituting the proceeding shall pay the clerk of the courtthe sum of $1.50.

3. Whenever any appeal is taken in a civil action orproceeding from the judgment or decision of a Justice Court, or other tribunalinferior to the district court, the party appealing shall, before the return tothe appeal may be filed in the appellate court, pay to the clerk of theappellate court the sum of $5.

4. The several fees provided for in this section aredesignated as court fees, and no such action may be deemed commenced,proceedings instituted, nor appeal perfected until the court fees are paid.

[28:49:1883; A 1921, 338; NCL 2961] + [29:49:1883;BH 2370; C 2494; RL 2031; NCL 2962](NRS A 1977, 467; 2001, 684)

NRS 19.030 Additionalfees in civil actions: State General Fund.

1. Except as otherwise provided by specific statute,on the commencement of any civil action or proceeding in the district court,other than the commencement of a proceeding for an adoption, the county clerkof each county, in addition to any other fees provided by law, shall charge andcollect $32 from the party commencing the action or proceeding.

2. On or before the first Monday of each month, thecounty clerk shall pay over to the county treasurer an amount equal to $32 percivil case commenced as provided in subsection 1, for the preceding calendarmonth, and the county treasurer shall place that money to the credit of theState Fund. The county treasurer shall remit quarterly all such fees turnedover to him by the county clerk to the State Controller to be placed by theState Controller in the State General Fund.

[1:151:1947; A 1955, 482] + [2:151:1947; A 1949, 90;1955, 482](NRS A 1969, 25; 1981, 1369; 1983, 335; 1997, 2270; 2001, 2907)

NRS 19.031 Additionalfees in civil actions: Programs for legal aid.

1. Except as otherwise provided in subsection 2 and NRS 19.034 in each county in which legalservices are provided without charge to indigent or elderly persons through aprogram for legal aid organized under the auspices of the State Bar of Nevada,a county or local bar association, a county or municipal program for legalservices or other program funded by this state or the United States to providelegal assistance, the county clerk shall, on the commencement of any civilaction or proceeding in the district court for which a filing fee is required,and on the filing of any answer or appearance in any such action or proceedingfor which a filing fee is required, charge and collect a fee of $25 from theparty commencing or appearing in the action or proceeding. These fees are inaddition to any other fees required by law.

2. In each county described in subsection 1, thecounty clerk shall, on the commencement of any action provided for in chapter 125 of NRS, and on the filing of anyanswer or appearance in any such action, charge and collect a fee of $14 fromthe party commencing or appearing in the action. These fees are in addition toany other fees required by law.

3. On or before the first Monday of each month thecounty clerk shall pay over to the county treasurer the amount of all feescollected by him pursuant to subsections 1 and 2. Except as otherwise providedin subsection 5, the county treasurer shall remit quarterly to the organizationoperating the program for legal services all the money received by him from thecounty clerk.

4. The organization operating the program for legalservices shall use any money received pursuant to subsection 3 as follows:

(a) From each $25 collected pursuant to subsection 1:

(1) Fifteen dollars and fifty cents for thebenefit of indigent persons in the county; and

(2) Nine dollars and fifty cents for the benefitof elderly persons in the county.

(b) From each $14 collected pursuant to subsection 2:

(1) Ten dollars for the benefit of indigentpersons in the county; and

(2) Four dollars for the benefit of elderlypersons in the county.

5. If the county treasurer receives notice from theState or a political subdivision that an award of attorneys fees or costs hasbeen made to an organization that receives money pursuant to this section and hasbeen paid, he shall:

(a) Deduct an amount equal to the award from the amountto be paid to the organization; and

(b) Remit an equal amount to the State or to thepolitical subdivision that paid the fees or costs at the time when he wouldhave paid it to the organization.

6. The fees which are collected from a county must beused for the benefit of the indigent or elderly persons in that county.

(Added to NRS by 1975, 587; A 1977, 467; 1981, 1710;1983, 598; 1985, 770; 1989, 582; 1993, 479; 2001, 684)

NRS 19.0312 Additionalfees in civil actions: Pro bono programs and programs for abused or neglectedchildren and victims of domestic violence.

1. Except as otherwise provided in subsection 2, inaddition to any other fee required by law, in each county that charges a feepursuant to NRS 19.031 to offset aportion of the costs of providing legal services without a charge to indigentor elderly persons, a board of county commissioners may impose by ordinance afiling fee to offset a portion of the costs of providing pro bono programs andof providing legal services without a charge to abused or neglected childrenand victims of domestic violence to be remitted to the organization operatingthe program for legal services that receives the fees charged pursuant to NRS 19.031 for programs for the indigent inan amount not to exceed:

(a) Ten dollars to be paid on the commencement of anycivil action or proceeding in the district court for which a filing fee isrequired and on the filing of any answer or appearance in any such action orproceeding for which a filing fee is required.

(b) Twenty-five dollars to be paid on the filing of anymotion or other paper that seeks to modify or adjust a final order that wasissued pursuant to chapter 125, 125B or 125Cof NRS and on the filing of any answer or response to such a motion or otherpaper.

2. A board of county commissioners may not byordinance impose a filing fee pursuant to paragraph (b) of subsection 1 for:

(a) A motion filed solely to adjust the amount ofsupport for a child set forth in a final order; or

(b) A motion for reconsideration or for a new trialthat is filed within 10 days after a final judgment or decree has been issued.

3. On or before the first Monday of each month, in acounty in which a fee has been imposed pursuant to subsection 1, the countyclerk 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 county clerk.

4. 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 2001, 2679; A 2005, 198)

NRS 19.0313 Additionalfees in civil actions: Programs of mediation in cases involving custody orvisitation of child; neighborhood justice centers.

1. Except as otherwise provided in NRS 19.034, in a county whose population is100,000 or more, the county clerk shall, on the commencement of any civilaction or proceeding in the district court for which a filing fee is required,and on the filing of any answer or appearance in any such action or proceedingfor which a filing fee is required, charge and collect not less than $5 but notmore than $10 from the party commencing, answering or appearing in the actionor proceeding. The fee required pursuant to this section is in addition to anyother fee required by law.

2. On or before the first Monday of each month thecounty clerk shall pay over to the county treasurer the amount of all feescollected by him pursuant to subsection 1 for use in the programs establishedin accordance with NRS 3.500 and 244.1607.

3. Except as otherwise provided in NRS 19.034, the board of county commissionersof any other county may impose by ordinance an additional filing fee of notmore than $10 to be paid on the commencement of any civil action or proceedingin the district court for which a filing fee is required and on the filing ofany answer or appearance in any such action or proceeding for which a filingfee is required. On or before the fifth day of each month, in a county wherethis fee has been imposed, the county clerk shall account for and pay over tothe county treasurer all fees collected during the preceding month pursuant tothis subsection for credit to an account for dispute resolution in the countygeneral fund. The money in the account must be used only to support a programestablished pursuant to NRS 3.500 or 244.1607.

(Added to NRS by 1991, 919; A 1993, 1213; 1997, 2362;2001, 685)

NRS 19.03135 Additionalfees in civil actions: Programs for prevention and treatment of abuse ofalcohol and drugs.

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 civil action or proceeding in the district court for whicha filing fee is required and on the filing of any answer or appearance in anysuch action or proceeding for which a filing fee is required, except asotherwise required pursuant to NRS 19.034.

2. On or before the fifth day of each month, in acounty where a fee has been imposed pursuant to subsection 1, the clerk of thecourt 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 NRS 453.580.

(Added to NRS by 1997, 2362; A 1999, 556; 2001, 686)

NRS 19.0315 Additionalfees in civil actions: Programs for alternative dispute resolution.

1. Except as otherwise provided in NRS 19.034, on the commencement of anycivil action or proceeding in the district court for which a filing fee isrequired, and on the filing of any answer or appearance in any such action orproceeding for which a filing fee is required, a board of county commissionersmay impose by ordinance a filing fee in an amount not to exceed $15 to offset aportion of the costs of providing programs of alternative dispute resolution onthe party 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, thecounty clerk shall pay over to the county treasurer the amount of all feescollected by him pursuant to subsection 1 for credit to an account for courtprograms for alternative dispute resolution in the county general fund. Themoney in the account must be used only to support programs for the arbitrationof civil actions pursuant to NRS 38.250and programs for the resolution of disputes through the use of otheralternative methods of resolving disputes pursuant to NRS 38.258.

3. The provisions of this section apply only injudicial districts in which a program for alternative dispute resolution hasbeen established pursuant to NRS 38.250or 38.258.

4. As used in this section, alternative disputeresolution means alternative methods of resolving disputes, including, withoutlimitation, arbitration and mediation.

(Added to NRS by 1991, 1345; A 2001, 686; 2005, 199, 391)

NRS 19.033 Additionalfees in action for dissolution of marriage.

1. In each county, on the commencement of any actionfor divorce in the district court, the county clerk shall charge and collect,in addition to other fees required by law, a fee of $20. The fee must be paidby the party commencing the action.

2. On or before the first Monday of each month, thecounty clerk shall pay over to the county treasurer an amount equal to all feescollected by him pursuant to subsection 1, and the county treasurer shall placethat amount to the credit of the State General Fund. Quarterly, the countytreasurer shall remit all money so collected to the State Controller, who shallplace the money in an account in the State General Fund for use by the Directorof the Department of Employment, Training and Rehabilitation to administer theprovisions of NRS 388.605 to 388.655, inclusive.

3. The board of county commissioners of any county mayimpose by ordinance an additional filing fee of not more than $6 to be paid bythe defendant in an action for divorce, annulment or separate maintenance. In acounty where this fee has been imposed:

(a) On the appearance of a defendant in the action inthe district court, the county clerk, in addition to any other fees provided bylaw, shall charge and collect from the defendant the prescribed fee to be paidupon the filing of the first paper in the action by the defendant.

(b) On or before the fifth day of each month, thecounty clerk shall account for and pay to the county treasurer all feescollected during the preceding month pursuant to paragraph (a).

(Added to NRS by 1985, 384; A 1989, 917, 1908; 1991,529; 1993, 1356, 1501; 1995, 562, 1028; 2001, 1424, 2908)

NRS 19.0335 Additionalfees in civil action involving multiple parties.

1. Except as otherwise provided in NRS 19.034, on the commencement of anycivil action in the district court for which a filing fee is required, theclerk of court shall collect, in addition to any other fee required by law, thefollowing fees in any action that involves more than one plaintiff and onedefendant:

(a) A fee of $30 for each additional plaintiff named ina complaint when the complaint is filed.

(b) A fee of $30 for each additional defendant named inan answer when the answer is filed, or a fee of $30 for each additional partyappearing in the action when the additional party appears in the action.

(c) If a complaint is amended to name an additionalplaintiff, a fee of $30 for each additional plaintiff named when the complaintis amended.

2. On or before the first Monday of each month, theclerk of court shall pay over to the county treasurer the amount of all feescollected by him pursuant to subsection 1. The county treasurer shalldistribute, on or before the 15th day of that month, the money received in thefollowing amounts for each fee received:

(a) Eight dollars for credit to a special account inthe county general fund for the use of the district court for advanced andimproved technological purposes. The special account is restricted to the usespecified, the money in the special account must not be used to supplantexisting budgets for maintenance and support of technology, and the balance inthe special account must be carried forward at the end of each fiscal year.

(b) Seven dollars for credit to a special account inthe county general fund in each county in which legal services are providedwithout charge to indigent or elderly persons through a program for legal aidorganized under the auspices of the State Bar of Nevada, a county or local barassociation, a county or municipal program for legal services or other programfunded by this State or the United States to provide legal assistance. Thecounty treasurer shall remit quarterly to the organization operating theprogram for legal services all the money received by him from the clerk ofcourt. The organization operating the program for legal services shall use any moneyreceived pursuant to this paragraph as follows:

(1) Five dollars for the benefit of indigentpersons in the county; and

(2) Two dollars for the benefit of elderlypersons in the county.

(c) Ten dollars to the State Controller for credit to aspecial account in the State General Fund. The State Controller shalldistribute the money received to the Office of Court Administrator for use insupport and maintenance of case management systems approved by the Office ofCourt Administrator, for statewide technological purposes and for distributionto the courts for technological purposes. The special account is restricted tothe use specified, and the balance in the special account must be carriedforward at the end of each fiscal year.

(d) Five dollars to the State Controller for credit toa special account in the State General Fund. The State Controller shalldistribute the money received to the Office of Court Administrator for thepayment for the services of retired justices and retired district judges. Thespecial account is restricted to the use specified, and the balance in thespecial account must be carried forward at the end of each fiscal year.

3. As used in this section:

(a) Office of Court Administrator means the Office ofCourt Administrator created pursuant to NRS1.320.

(b) Technological purposes means the acquisition orimprovement of technology, including, without limitation, acquiring orimproving technology for converting and archiving records, purchasing hardwareand software, maintaining the technology, training employees in the operationof the technology and contracting for professional services relating to thetechnology.

(Added to NRS by 2003, 2118)

NRS 19.034 Reducedfees for adoption of child with special needs. Ifthe agency which provides child welfare services, or a child-placing agencylicensed by the Division of Child and Family Services of the Department ofHealth and Human Services pursuant to chapter 127of NRS, consents to the adoption of a child with special needs pursuant to NRS 127.186, a county clerk shall reducethe total filing fee to not more than $1 for filing the petition to adopt sucha child.

(Added to NRS by 2001, 684; A 2003, 15)

NRS 19.035 Feesnot to be charged or collected for services rendered certain governments orofficers. Notwithstanding any other provisionof this chapter, a county clerk shall neither charge nor collect any fee forany service rendered by him to:

1. The State of Nevada;

2. The county of which he is county clerk;

3. Any city or town within that county;

4. The school district of that county;

5. Any general improvement district which is locatedwithin that county; or

6. Any officer of the State, that county or any suchcity, town, school district or general improvement district in the officersofficial capacity.

(Added to NRS by 1967, 319; A 1977, 423; 1989, 665)

NRS 19.040 Tableto be posted; penalty.

1. Every county clerk shall publish and set up in someconspicuous place in his office a table of his fees according to this chapterfor the inspection of all persons who have business in his office.

2. Any county clerk who fails to comply with theprovisions of subsection 1 shall forfeit for each day of omission a sum notexceeding $20, which, together with costs, may be recovered by any person in anaction before a justice of the peace of the same county.

[Part 23:49:1883; BH 2364; C 2488; RL 2025; NCL 2956]

NRS 19.050 Clerksto receive costs of publication. Except asotherwise provided in subsection 8 of NRS127.186, when by law any publication is required to be made by a countyclerk of any suit, process, notice, order or other paper, the cost of suchpublication shall, if demanded, be tendered by the party to whom such order,process, notice or other paper was granted before the county clerk shall becompelled to make publication thereof.

[24:49:1883; BH 2365; C 2489; RL 2026; NCL 2957](NRS A 2001, 686)

NRS 19.060 Paymentin advance. Except as otherwise provided byspecific statute, all fees prescribed in this chapter must be paid in advance,if demanded. If any county clerk has not received any or all of his fees whichmay be due him for services rendered by him in any suit or proceeding, he mayhave execution therefor in his own name against the party or parties from whomthey are due, to be issued from the court where the action is pending, upon theorder of the judge or court upon affidavit filed.

[25:49:1883; BH 2366; C 2490; RL 2027; NCL 2958](NRS A 1997, 2270)

NRS 19.070 Limitationon fees charged by county clerk. A countyclerk shall not charge any fee that is not authorized by law.

[17:49:1883; BH 2358; C 2482; RL 2109; NCL 2950](NRS A 1999,1205)

NRS 19.080 Clerksto keep books. Each county clerk shall keep inhis office, open to public inspection, a fee book in which he shall enter indetail the fees charged with the title or the case number of the matter,proceeding or action in which they were charged.

[18:49:1883; BH 2359; C 2483; RL 2020; NCL 2951](NRS A 1971, 538)

NRS 19.090 Quarterlyfinancial statements of clerks.

1. Each county clerk shall, on the 1st Monday inJanuary, April, July and October, make out and file with the board of countycommissioners of his county a full and correct statement under oath of allfees, percentage or compensation, of whatever nature or kind, received in hisofficial capacity during the preceding 3 months. In the statement he shall setforth the cause in which and the services for which such compensations werereceived.

2. Nothing in this section shall be so construed as torequire personal attendance in filing the statements, and such statements maybe transmitted by mail, express or otherwise directed to the board of countycommissioners.

[19:49:1883; BH 2360; C 2484; RL 2021; NCL 2952](NRS A 1963, 5)

NRS 19.100 Penaltyfor violating NRS19.070, 19.080 or 19.090. Anycounty clerk who violates any of the provisions of NRS 19.070, 19.080 or 19.090shall be punished by a fine not to exceed $1,000.

[21:49:1883; BH 2362; C 2486; RL 2023; NCL 2954](NRS A 1967, 528)

NRS 19.110 Penaltyfor taking more or greater fees than authorized by law. If any county clerk takes more or greater fees than are authorizedby law, he shall be liable to indictment, and on conviction shall be removedfrom office and fined in any sum not exceeding $1,000.

[22:49:1883; BH 2363; C 2487; RL 2024; NCL 2955](NRS A 1999,1205)

 

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