2005 Nevada Revised Statutes - Chapter 53 — Affidavits; Foreign Depositions

CHAPTER 53 - AFFIDAVITS; FOREIGNDEPOSITIONS

AFFIDAVITS

NRS 53.010 Personsbefore whom affidavits may be taken for use in this State.

NRS 53.020 Takingof affidavits in other states and territories for use in this State.

NRS 53.030 Certificationof signature of officer to affidavit taken in another state or territory.

NRS 53.040 Takingof affidavits in foreign countries.

NRS 53.045 Useof unsworn declaration in lieu of affidavit or other sworn declaration.

FOREIGN DEPOSITIONS (UNIFORM ACT)

NRS 53.050 Shorttitle.

NRS 53.060 Authorityto act.

NRS 53.070 Uniformityof interpretation.

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AFFIDAVITS

NRS 53.010 Personsbefore whom affidavits may be taken for use in this State. An affidavit to be used before any court, judge or officerof this State may be taken before any justice, judge or clerk of any court, orany justice of the peace or notary public in this State.

[1911 CPA 508; RL 5450; NCL 8997]

NRS 53.020 Takingof affidavits in other states and territories for use in this State. An affidavit taken in another state or in a territory ofthe United States to be used in this State shall be taken before a commissionerappointed by the Governor of this State to take affidavits and depositions insuch other state or territory, or before any notary public or judge of a courtof record having a seal.

[1911 CPA 509; RL 5451; NCL 8998]

NRS 53.030 Certificationof signature of officer to affidavit taken in another state or territory. When an affidavit is taken before a judge of a court inanother state or in a territory of the United States, the genuineness of thesignature of the judge, the existence of the court, and the fact that suchjudge is a member thereof shall be certified by the clerk of the court, underthe seal thereof.

[1911 CPA 511; A 1933, 140; 1931 NCL 9000]

NRS 53.040 Takingof affidavits in foreign countries. Anaffidavit taken in a foreign country to be used in this State shall be takenbefore an ambassador, minister, consul, vice consul or other consular agent ofthe United States, or any notary public or other person authorized by the lawsof such country to administer oaths, or before any judge of a court of recordof such foreign country, with the seal of the court attached, if there be one,and if there be none, then with a statement attached by the judge or clerk ofthe court to the effect that the court has no seal.

[1911 CPA 510; A 1923, 136; 1933, 140; 1931 NCL 8999]

NRS 53.045 Useof unsworn declaration in lieu of affidavit or other sworn declaration. Anymatter whose existence or truth may be established by an affidavit or othersworn declaration may be established with the same effect by an unsworndeclaration of its existence or truth signed by the declarant under penalty ofperjury, and dated, in substantially the following form:

1. If executed in this State: I declare under penaltyof perjury that the foregoing is true and correct.

 

Executed on........................................... .......................................................................

(date) (signature)

 

2. If executed outside this State: I declare underpenalty of perjury under the law of the State of Nevada that the foregoing istrue and correct.

 

Executed on........................................... .......................................................................

(date) (signature)

 

(Added to NRS by 1993, 2741; A 2001, 2349)

FOREIGN DEPOSITIONS (UNIFORM ACT)

NRS 53.050 Shorttitle. This section and NRS 53.060 and 53.070, may be cited as the Uniform ForeignDepositions Act.

(Added to NRS by 1971, 802)

NRS 53.060 Authorityto act. Whenever any mandate, writ orcommission is issued out of any court of record in any other state, territory,district or foreign jurisdiction, or whenever upon notice or agreement it isrequired to take the testimony of a witness or witnesses in this State,witnesses may be compelled to appear and testify in the same manner and by thesame process and proceeding as may be employed for the purpose of takingtestimony in proceedings pending in this State.

(Added to NRS by 1971, 802)

NRS 53.070 Uniformityof interpretation. This section and NRS 53.050 and 53.060, shall be so interpreted andconstrued as to effectuate their general purposes to make uniform the law ofthose states which enact them.

(Added to NRS by 1971, 802)

 

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