2005 Nevada Revised Statutes - Chapter 66 — Place of Trial

CHAPTER 66 - PLACE OF TRIAL

NRS 66.010 Generalrule.

NRS 66.020 Placeof trial may be changed in certain cases.

NRS 66.030 Limitationon right to change place of trial.

NRS 66.040 Transferof action to court agreed upon by parties.

NRS 66.050 Proceedingsafter order changing place of trial.

NRS 66.060 Effectof order changing place of trial.

NRS 66.070 Transferof cases to district court.

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NRS 66.010 Generalrule. Actions in Justice Courts must becommenced, and, subject to the right to change the place of trial as providedin this chapter, must be tried:

1. If there is no Justice Court for the township inwhich the defendant resides, in any township of the county in which he resides.

2. When two or more persons are jointly, or jointlyand severally, bound in any debt or contract, or otherwise jointly liable inthe same action, and reside in different townships of the same county, or in differentcounties, in the township in which any of the persons liable may reside.

3. In cases of injury to the person or property, inthe township where the injury was committed or where the defendant resides.

4. If for the recovery of personal property or thevalue thereof, or damages for taking or detaining the same, in the township inwhich the property may be found or in which the property was taken, or in whichthe defendant resides.

5. When the defendant is a nonresident of the county,in any township wherein he may be found.

6. When the defendant is a nonresident of the State,in any township in the State.

7. When a person has contracted to perform anobligation at a particular place, and resides in another township, in thetownship in which the obligation is to be performed, or in which he resides.The township in which the obligation is incurred shall be deemed to be thetownship in which it is to be performed, unless there is a special contract tothe contrary.

8. When the parties voluntarily appear and pleadwithout summons, in any township.

9. In all other cases, in the township in which thedefendant resides.

[1911 CPA 773; RL 5715; NCL 9262](NRS A 1985,231)

NRS 66.020 Placeof trial may be changed in certain cases.

1. The court may, at any time before the trial, onmotion, change the place of trial in the following cases:

(a) When it appears to the satisfaction of the justicebefore whom the action is pending, by affidavit of either party, that thejustice is a material witness for either party.

(b) When either party makes and files an affidavit thathe believes that he cannot have a fair and impartial trial before the justiceby reason of the interest, prejudice or bias of the justice.

(c) When a jury has been demanded, and either partymakes and files an affidavit that he cannot have a fair and impartial trial onaccount of the bias or prejudice against him of the citizens of:

(1) The city, precinct or township, if thejurors are to be summoned pursuant to subsection 1 of NRS 67.010; or

(2) The county, if the jurors are to be summonedpursuant to subsection 2 of NRS 67.010.

(d) When from any cause the justice is disqualifiedfrom acting.

(e) When the justice is sick or unable to act.

2. In lieu of changing the place of trial, the justicebefore whom the action is pending may for any of the cases mentioned insubsection 1 call another justice of the county to conduct the trial.

[1911 CPA 774; RL 5716; NCL 9263](NRS A 1985,232; 2001, 753)

NRS 66.030 Limitationon right to change place of trial. The placeof trial cannot be changed on motion of the same party more than once upon anyor all of the grounds specified in paragraphs (a), (b) and (c) of subsection 1of NRS 66.020.

[1911 CPA 775; RL 5717; NCL 9264]

NRS 66.040 Transferof action to court agreed upon by parties. Whenthe court orders the place of trial to be changed, the action must betransferred for trial to a court the parties may agree upon; and if they do notso agree, then to another Justice Court in the same county.

[1911 CPA 776; RL 5718; NCL 9265]

NRS 66.050 Proceedingsafter order changing place of trial. After anorder has been made transferring the action for trial to another court, thefollowing proceedings must be had:

1. The justice ordering the transfer must immediatelytransmit to the justice of the court to which it is transferred, on payment bythe party applying of all costs that have accrued, all the papers in theaction, together with a certified transcript from his docket of the proceedingstherein.

2. Upon the receipt by him of such papers, the justiceto whom the case is transferred has thereafter the same jurisdiction over theaction as though it had been commenced in his court. He must issue a noticestating when and where the trial will take place, which notice must be servedupon the parties at least 1 day before the time fixed for trial.

[1911 CPA 777; RL 5719; NCL 9266]

NRS 66.060 Effectof order changing place of trial. From thetime the order changing the place of trial is made the court to which theaction is thereby transferred has the same jurisdiction over it as though ithad been commenced in such court.

[1911 CPA 778; RL 5720; NCL 9267]

NRS 66.070 Transferof cases to district court.

1. The parties to an action in a Justice Court cannotgive evidence upon any question which is excluded from the jurisdiction of theJustice Court. If it appears from the plaintiffs own showing on the trial, orfrom the answer of the defendant, verified by his oath, that the determinationof the action will necessarily involve such a question, the justice mustsuspend all further proceedings in the action and certify the pleadings, and,if any of the pleadings are oral, a transcript of them from his docket, to theclerk of the district court of the county. From the time of filing thepleadings or transcript with the clerk of the district court, the districtcourt has the same jurisdiction over the action as if it had been commenced inthe district court.

2. In cases of forcible entry and detainer, of whichJustice Courts have jurisdiction, any evidence otherwise competent, may begiven and any question properly involved therein may be determined.

[1911 CPA 779; RL 5721; NCL 9268](NRS A 1981,174)

 

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