2005 Nevada Revised Statutes - Chapter 239 — Public Records

CHAPTER 239 - PUBLIC RECORDS

IN GENERAL

NRS 239.005 Definitions.

NRS 239.010 Publicbooks and public records open to inspection; copyrighted books and records;copies to be provided in medium requested.

NRS 239.0105 Confidentialityof certain records of local governmental entities.

NRS 239.011 Applicationto court for order allowing inspection or copying of public book or record.

NRS 239.012 Immunityfor good faith disclosure or refusal to disclose information.

NRS 239.013 Confidentialityof records of library which identify user with property used.

NRS 239.015 Removal,transfer and storage of records authorized if necessary; copies to be providedupon request.

NRS 239.020 Provisionof certified copies of public records to Department of Veterans Affairs withoutcharge.

NRS 239.030 Furnishingof certified copies of public records.

REPRODUCTION OF RECORDS

NRS 239.051 Reproductionof public records before destruction: Requirements.

NRS 239.052 Fees:Limitations; waiver; posting of sign or notice.

NRS 239.053 Additionalfee for transcript of administrative proceedings; money remitted to courtreporter; posting of sign or notice.

NRS 239.054 Additionalfee for information from geographic information system.

NRS 239.055 Additionalfee when extraordinary use of personnel or resources is required.

NRS 239.070 Useof microfilm by county recorder for recording; Division to provide microfilmingor similar service; requirements; sale of duplicate.

DISPOSAL OF OBSOLETE RECORDS

NRS 239.073 Committeeto Approve Schedules for the Retention and Disposition of Official StateRecords: Creation; composition; meetings; rules and regulations.

NRS 239.077 Committeeto Approve Schedules for the Retention and Disposition of Official StateRecords: Duties.

NRS 239.080 Staterecords: Schedules for retention and disposition.

NRS 239.085 Staterecords: Disposition by Department of Transportation.

NRS 239.090 Staterecords: Preservation of obsolete and noncurrent records by Division; right tocontrol records.

NRS 239.110 Judicialrecords: Destruction; microphotographic copies.

NRS 239.121 Localgovernmental records: Definitions.

NRS 239.123 Localgovernmental records: Submission to Division; accounting; return orreclamation.

NRS 239.124 Localgovernmental records: Exclusive procedures for destruction.

NRS 239.125 Localgovernmental records: Program for management; regulations of State Library andArchives Administrator.

RESTORATION OF LOST OR DESTROYED RECORDS

NRS 239.130 Rerecordingof instrument if county records lost or destroyed.

NRS 239.140 Certaindeeds prima facie evidence of regularity of proceedings after destruction orloss of records.

NRS 239.150 Restorationof liens, mortgages and judgments if records lost or destroyed; procedure;limitations.

NRS 239.160 Proceedingto establish contents and record of lost or destroyed deed or will; partiesdefendant.

NRS 239.170 Procedureto establish contents of lost or destroyed deed or will: Complaint; summons;hearing; decree.

NRS 239.180 Characterof evidence which court may admit.

NRS 239.190 Proceedingsbrought in county where property is situated.

NRS 239.200 Whereproceedings are brought when county divided after destruction of records.

NRS 239.210 Limitationsaffecting restored records.

NRS 239.220 Restoredrecords validated.

NRS 239.230 Restorationof judicial records not affecting real property or water rights: Procedure.

NRS 239.240 Restorationof judicial records not affecting real property or water rights: Contents ofaffidavit filed with court.

NRS 239.250 Courtto issue citation upon filing of affidavit.

NRS 239.260 Serviceof citation on parties residing outside of county or State.

NRS 239.270 Counter-affidavits;hearing; decree.

NRS 239.280 Limitationof record of judgment which has been restored.

NRS 239.290 Taxationof costs.

PENALTIES

NRS 239.300 Stealing,altering or defacing records, documents or instruments.

NRS 239.310 Removing,injuring or concealing public records and documents.

NRS 239.320 Injuryto, concealment or falsification of records or papers by public officer.

NRS 239.330 Offeringfalse instrument for filing or record.

_________

IN GENERAL

NRS 239.005 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Actual cost means the direct cost related to thereproduction of a public record. The term does not include a cost that agovernmental entity incurs regardless of whether or not a person requests acopy of a particular public record.

2. Committee means the Committee to ApproveSchedules for the Retention and Disposition of Official State Records.

3. Division means the Division of State Library andArchives of the Department of Cultural Affairs.

4. Governmental entity means:

(a) An elected or appointed officer of this State or ofa political subdivision of this State;

(b) An institution, board, commission, bureau, council,department, division, authority or other unit of government of this State or ofa political subdivision of this State;

(c) A university foundation, as defined in NRS 396.405; or

(d) An educational foundation, as defined in NRS 388.750, to the extent that thefoundation is dedicated to the assistance of public schools.

(Added to NRS by 1977, 455; A 1979, 179; 1983, 1298;1985, 126; 1993, 209, 1538; 1995, 511; 1997, 2385; 2001, 936)

NRS 239.010 Publicbooks and public records open to inspection; copyrighted books and records;copies to be provided in medium requested.

1. All public books and public records of agovernmental entity, the contents of which are not otherwise declared by law tobe confidential, must be open at all times during office hours to inspection byany person, and may be fully copied or an abstract or memorandum may beprepared from those public books and public records. Any such copies, abstractsor memoranda may be used to supply the general public with copies, abstracts ormemoranda of the records or may be used in any other way to the advantage ofthe governmental entity or of the general public. This section does notsupersede or in any manner affect the federal laws governing copyrights orenlarge, diminish or affect in any other manner the rights of a person in anywritten book or record which is copyrighted pursuant to federal law.

2. A governmental entity may not reject a book orrecord which is copyrighted solely because it is copyrighted.

3. A person may request a copy of a public record inany medium in which the public record is readily available. An officer,employee or agent of a governmental entity who has custody of a public recordshall not refuse to provide a copy of that public record in a readily availablemedium because he has already prepared or would prefer to provide the copy in adifferent medium.

[1:149:1911; RL 3232; NCL 5620](NRS A 1963, 26;1965, 69; 1993, 1230, 2307, 2623; 1995, 503, 716; 1997, 2386; 1999, 1210)

NRS 239.0105 Confidentialityof certain records of local governmental entities.

1. Records of a local governmental entity areconfidential and not public books or records within the meaning of NRS 239.010 if:

(a) The records contain the name, address, telephonenumber or other identifying information of a natural person; and

(b) The natural person whose name, address, telephonenumber or other identifying information is contained in the records providedsuch information to the local governmental entity for the purpose of:

(1) Registering with or applying to the localgovernmental entity for the use of any recreational facility or portion thereofthat the local governmental entity offers for use through the acceptance ofreservations; or

(2) On his own behalf or on behalf of a minorchild, registering or enrolling with or applying to the local governmentalentity for participation in an instructional or recreational activity or eventconducted, operated or sponsored by the local governmental entity.

2. The records described in subsection 1 must bedisclosed by a local governmental entity only pursuant to:

(a) A subpoena or court order, lawfully issued,requiring the disclosure of such records;

(b) An affidavit of an attorney setting forth that thedisclosure of such records is relevant to an investigation in anticipation oflitigation; or

(c) A request by a reporter or editorial employee forthe disclosure of such records, if the reporter or editorial employee isemployed by or affiliated with a newspaper, press association or commerciallyoperated, federally licensed radio or television station.

3. Except as otherwise provided by specific statute orfederal law, a natural person shall not provide, and a local governmentalentity shall not require, the social security number of any natural person forthe purposes described in subparagraphs (1) and (2) of paragraph (b) ofsubsection 1.

4. As used in this section, unless the contextotherwise requires, local governmental entity has the meaning ascribed to itin NRS 239.121.

(Added to NRS by 2005, 1040)

NRS 239.011 Applicationto court for order allowing inspection or copying of public book or record. If a request for inspection or copying of a public book orrecord open to inspection and copying is denied, the requester may apply to thedistrict court in the county in which the book or record is located for anorder permitting him to inspect or copy it. The court shall give this matterpriority over other civil matters to which priority is not given by otherstatutes. If the requester prevails, he is entitled to recover his costs andreasonable attorneys fees in the proceeding from the governmental entity whoseofficer has custody of the book or record.

(Added to NRS by 1993, 1230; A 1997, 2386)

NRS 239.012 Immunityfor good faith disclosure or refusal to disclose information. A public officer or employee who acts in good faith indisclosing or refusing to disclose information and his employer are immune fromliability for damages, either to the requester or to the person whom theinformation concerns.

(Added to NRS by 1993, 1230)

NRS 239.013 Confidentialityof records of library which identify user with property used. Any records of a public library or other library whichcontain the identity of a user and the books, documents, films, recordings orother property of the library which he used are confidential and not publicbooks or records within the meaning of NRS239.010. Such records may be disclosed only in response to an order issuedby a court upon a finding that the disclosure of such records is necessary toprotect the public safety or to prosecute a crime.

(Added to NRS by 1981, 182)

NRS 239.015 Removal,transfer and storage of records authorized if necessary; copies to be providedupon request.

1. A custodian of records may remove books of records,maps, charts, surveys and other papers for storage in an appropriate facilityif he believes that the removal of such records is necessary for theirprotection or permanent preservation, or he may arrange for their transfer toanother location for duplication or reproduction.

2. If a county recorder receives a request for aparticular item which has been stored pursuant to subsection 1, he shallproduce a microfilmed copy of such item or the original within 3 working days.

(Added to NRS by 1975, 748)

NRS 239.020 Provisionof certified copies of public records to Department of Veterans Affairs withoutcharge. Whenever a copy of any public recordis required by the Department of Veterans Affairs to be used in determining theeligibility of any person to participate in benefits made available by theDepartment of Veterans Affairs, the official charged with the custody of suchpublic record shall, without charge, provide the applicant for the benefit orany person acting on his behalf or the representative of the Department ofVeterans Affairs with a certified copy or copies of such records.

[1:30:1947; 1943 NCL 6879.15](NRS A 1995, 1083)

NRS 239.030 Furnishingof certified copies of public records. Everyofficer having custody of public records, the contents of which are notdeclared by law to be confidential, shall furnish copies certified to becorrect to any person who requests them and pays or tenders such fees as may beprescribed for the service of copying and certifying.

[1:73:1909; RL 2045; NCL 2976](NRS A 1973, 353)

REPRODUCTION OF RECORDS

NRS 239.051 Reproductionof public records before destruction: Requirements.

1. Unless destruction of a particular record withoutreproduction is authorized by a schedule adopted pursuant to NRS 239.080 or 239.125, any custodian of public records inthis State may destroy documents, instruments, papers, books and any otherrecords or writings in his custody only if those records or writings have beenplaced on microphotographic film or if the information they contain has beenentered into a computer system which permits the retrieval and reproduction ofthat information. A reproduction of that film or that information shall bedeemed to be the original.

2. Microphotographs made pursuant to this section mustbe made on film which complies with minimum standards of quality approved bythe American National Standards Institute.

3. The custodian of the records or writings shall:

(a) Promptly store at least one copy of themicrophotographic film or the tape, disc or other medium used for the storageof that information by the computer in such a manner and place as to protect itreasonably from loss or damage; and

(b) Maintain for the use of authorized persons a copyof a reproduction of the film or the information stored by the computer.

(Added to NRS by 1981, 601)

NRS 239.052 Fees:Limitations; waiver; posting of sign or notice.

1. Except as otherwise provided in this subsection, agovernmental entity may charge a fee for providing a copy of a public record.Such a fee must not exceed the actual cost to the governmental entity toprovide the copy of the public record unless a specific statute or regulationsets a fee that the governmental entity must charge for the copy. Agovernmental entity shall not charge a fee for providing a copy of a publicrecord if a specific statute or regulation requires the governmental entity toprovide the copy without charge.

2. A governmental entity may waive all or a portion ofa charge or fee for a copy of a public record if the governmental entity:

(a) Adopts a written policy to waive all or a portionof a charge or fee for a copy of a public record; and

(b) Posts, in a conspicuous place at each office inwhich the governmental entity provides copies of public records, a legible signor notice that states the terms of the policy.

3. A governmental entity shall prepare and maintain alist of the fees that it charges at each office in which the governmentalentity provides copies of public records. A governmental entity shall post, ina conspicuous place at each office in which the governmental entity providescopies of public records, a legible sign or notice which states:

(a) The fee that the governmental entity charges toprovide a copy of a public record; or

(b) The location at which a list of each fee that thegovernmental entity charges to provide a copy of a public record may beobtained.

(Added to NRS by 1997, 2384)

NRS 239.053 Additionalfee for transcript of administrative proceedings; money remitted to courtreporter; posting of sign or notice.

1. If a person requests a copy of a transcript of anadministrative proceeding that has been transcribed by a certified courtreporter, a governmental entity shall charge, in addition to the actual cost ofthe medium in which the copy of the transcript is provided, a fee for each pageprovided which is equal in amount to the fee per page charged by the courtreporter for the copy of the transcript, as set forth in the contract betweenthe governmental entity and the court reporter. For each page provided, thegovernmental entity shall remit to the court reporter who transcribed theproceeding an amount equal to the fee per page set forth in the contractbetween the governmental entity and the court reporter.

2. The governmental entity shall post, in aconspicuous place at each office in which the governmental entity providescopies of public records, a legible sign or notice which states that, inaddition to the actual cost of the medium in which the copy of the transcriptis provided, the fee charged for a copy of each page of the transcript is thefee per page set forth in the contract between the governmental entity and thecourt reporter.

(Added to NRS by 1997, 2385)

NRS 239.054 Additionalfee for information from geographic information system.

1. A fee for the provision of information from ageographic information system may include, in addition to the actual cost ofthe medium in which the information is provided, the reasonable costs relatedto:

(a) The gathering and entry of data into the system;

(b) Maintenance and updating of the database of thesystem;

(c) Hardware;

(d) Software;

(e) Quality control; and

(f) Consultation with personnel of the governmental entity.

2. As used in this section, geographic informationsystem means a system of hardware, software and data files on which spatiallyoriented geographical information is digitally collected, stored, managed,manipulated, analyzed and displayed.

(Added to NRS by 1997, 2385)

NRS 239.055 Additionalfee when extraordinary use of personnel or resources is required.

1. Except as otherwise provided in NRS 239.054 regarding information providedfrom a geographic information system, if a request for a copy of a public recordwould require a governmental entity to make extraordinary use of its personnelor technological resources, the governmental entity may, in addition to anyother fee authorized pursuant to this chapter, charge a fee for suchextraordinary use. Upon receiving such a request, the governmental entity shallinform the requester of the amount of the fee before preparing the requestedinformation. The fee charged by the governmental entity must be reasonable andmust be based on the cost that the governmental entity actually incurs for theextraordinary use of its personnel or technological resources. The governmentalentity shall not charge such a fee if the governmental entity is not requiredto make extraordinary use of its personnel or technological resources tofulfill additional requests for the same information.

2. As used in this section, technological resourcesmeans any information, information system or information service acquired,developed, operated, maintained or otherwise used by a governmental entity.

(Added to NRS by 1997, 2384)

NRS 239.070 Useof microfilm by county recorder for recording; Division to provide microfilmingor similar service; requirements; sale of duplicate.

1. In lieu of or in addition to the method ofrecording required or allowed by statute, the county recorder may use microfilmfor such recording.

2. The Division shall provide microfilming service toany local government. The charge for the service must not exceed the actualcost.

3. If microfilming is used:

(a) The microphotographs or micronegative films must beproperly indexed and placed in conveniently accessible files.

(b) Each film must be designated and numbered.

(c) Provision must be made for preserving, examiningand using the films.

4. A duplicate of each such film must be made and keptsafely in a separate place.

5. Duplicates of each such film must be made availableby the county recorder for sale at a price not exceeding cost upon the requestof any person, firm or organization. Subject to the approval of the board ofcounty commissioners, the county recorder may, at any time, make additionalduplicates of each such film available for sale to the public at a price notexceeding cost.

6. The Division shall provide services for recordingother than microfilming to any local government if the Division has theequipment necessary to provide the services. The services provided are subjectto the requirements of this section relating to microfilming.

[3:135:1953](NRS A 1961, 393; 1973, 319; 1977, 456;1979, 179; 1983, 1298; 1985, 464, 1689; 1993, 1538; 1997, 19; 2005, 1086)

DISPOSAL OF OBSOLETE RECORDS

NRS 239.073 Committeeto Approve Schedules for the Retention and Disposition of Official StateRecords: Creation; composition; meetings; rules and regulations.

1. The Committee to Approve Schedules for theRetention and Disposition of Official State Records, consisting of six members,is hereby created.

2. The Committee consists of:

(a) The Secretary of State;

(b) The Attorney General;

(c) The Director of the Department of Administration;

(d) The State Library and Archives Administrator;

(e) The Director of the Department of InformationTechnology; and

(f) One member who is a representative of the generalpublic appointed by the Governor.

All membersof the Committee, except the representative of the general public, are exofficio members of the Committee.

3. The Secretary of State or a person designated byhim shall serve as Chairman of the Committee. The State Library and ArchivesAdministrator shall serve as Secretary of the Committee and prepare andmaintain the records of the Committee.

4. The Committee shall meet at least quarterly and maymeet upon the call of the Chairman.

5. An ex officio member of the Committee may designatea person to represent him at any meeting of the Committee. The persondesignated may exercise all the duties, rights and privileges of the member herepresents.

6. The Committee may adopt rules and regulations forits management.

(Added to NRS by 1993, 208; A 1995, 510; 1997, 3088,3154; 1999, 642)

NRS 239.077 Committeeto Approve Schedules for the Retention and Disposition of Official StateRecords: Duties. The Committee shall:

1. Review and approve or disapprove the schedules forthe retention and disposition of the official state records of each agency,board and commission which is required to develop those schedules pursuant to NRS 239.080.

2. Advise the Division concerning the development anduse of schedules for the retention and disposition of official state records.

(Added to NRS by 1993, 209)

NRS 239.080 Staterecords: Schedules for retention and disposition.

1. An official state record may be disposed of only inaccordance with a schedule for retention and disposition which is approved bythe Committee.

2. In cooperation with the Division, each agency,board and commission shall develop a schedule for the retention and dispositionof each type of official state record.

3. The Division shall submit the schedules describedin subsection 2 to the Committee for final approval.

4. As used in this section, official state recordincludes, without limitation, any:

(a) Papers, unpublished books, maps and photographs;

(b) Information stored on magnetic tape or computer,laser or optical disc;

(c) Materials which are capable of being read by amachine, including microforms and audio and visual materials; and

(d) Materials which are made or received by a stateagency and preserved by that agency or its successor as evidence of theorganization, operation, policy or any other activity of that agency or becauseof the information contained in the material.

[Part 1:38:1937; 1931 NCL 7278.11] + [2:38:1937;1931 NCL 7278.12](NRS A 1957, 66; 1963, 576; 1967, 1270; 1973, 342, 1478;1979, 1789; 1983, 1298; 1993, 209)

NRS 239.085 Staterecords: Disposition by Department of Transportation.

1. The Director of the Department of Transportationshall, in cooperation with the Division, develop a schedule for the retentionand disposition of each type of official state record in the care, custody andcontrol of the Department of Transportation.

2. A record which has historical or permanent valuemust be preserved permanently by the Department of Transportation or submittedto the State Library and Archives Administrator for preservation in thearchives.

3. The Department of Transportation shall keep arecord showing when any official state record mentioned in subsection 1 wasdestroyed, and the kind and nature of it.

(Added to NRS by 1963, 575; A 1967, 1270; 1979, 180,1789; 1983, 1299; 1997, 3155)

NRS 239.090 Staterecords: Preservation of obsolete and noncurrent records by Division; right tocontrol records.

1. Subject to the provisions of subsection 2, a stateofficial may, with the prior approval of the State Library and ArchivesAdministrator, submit any obsolete official books, documents, original papers,newspaper files, printed books or other records not in current use in hisoffice to the Division.

2. A state officer shall first obtain the consent andapproval of the Governor. Any other state official shall obtain the consent ofthe department head under which he operates.

3. The Division may return a submission or any partthereof, if the submission has no historical or permanent value.

4. If the State Library and Archives Administratorfinds that any record so submitted has historical or permanent value and heaccepts it as an accession to the archives, the right to control and possessionof it vests in him, and the submitting official is not entitled to reclaim it.If records are transferred to the Division by a state official only for thepurpose of having the records stored safely on his behalf, he has constructivecustody of the records and retains the right to control access to them.

[1:67:1943; 1943 NCL 4694](NRS A 1967, 1271; 1973,323; 1977, 456; 1983, 1299; 1997, 3155)

NRS 239.110 Judicialrecords: Destruction; microphotographic copies.

1. The Clerk of the Supreme Court, a county clerk,deputy clerk of a Justice Court or clerk of a municipal court may destroy alldocuments, records, instruments, books, papers, depositions and transcripts inany action or proceeding in the Supreme Court, district court, Justice Court ormunicipal court, respectively, or otherwise filed in his office pursuant tolaw, including transcripts of coroners inquests and depositions, if therecords of the Clerk do not show that the action or proceeding is pending onappeal or review in any court, except that:

(a) If the written consent of the district attorney isfirst obtained, transcripts of preliminary hearings may be destroyed asprovided in this section; and

(b) Minutes of the Supreme Court, district court,Justice Court or municipal court, affidavits supporting applications formarriage licenses, after those licenses have been issued, and certificates offictitious names of businesses may be destroyed immediately subject to theprovisions of subsections 2 and 3.

2. The Clerk shall maintain for the use of the publica microphotographic film print or copy of each document, record, instrument,book, paper, deposition or transcript so destroyed, if the print or copy isplaced and kept in a sealed container under certificate of the Clerk andproperly indexed. This print or copy shall be deemed to be the original.

3. The Clerk shall promptly seal and store at leastone original negative of each microphotographic film in such manner and placeas may reasonably ensure its preservation indefinitely against loss, theft,defacement or destruction.

4. The Supreme Court may provide by rule for thedestruction, without prior microfilming, of such other documents of the severalcourts of this State as are held in the offices of the clerks but which:

(a) No longer serve any legal, financial oradministrative purpose; and

(b) Do not have any historical value.

5. The Court Administrator may request the Division toadvise and assist the Supreme Court in its establishment of the rules.

[1:108:1953](NRS A 1960, 112; 1977, 158; 1979, 297;1981, 155, 240; 1983, 384; 1985, 53)

NRS 239.121 Localgovernmental records: Definitions. As used in NRS 239.121 to 239.125, inclusive:

1. Custodian of records means any person authorizedto have the care, custody and control of any documents, instruments, papers,books, pamphlets or any other records or writings of a local governmentalentity.

2. Governing body means the governing body of alocal governmental entity.

3. Local governmental entity means a county, anincorporated city, an unincorporated town, a township, a school district or anyother public district or agency designed to perform local governmentalfunctions.

4. Old records means documents, instruments, papers,books, pamphlets or any other records or writings of a local governmentalentity which are retained for any purpose by the local governmental entitybeyond the minimum period for retention established by the Division or for 5 yearsor more, whichever is earlier.

(Added to NRS by 1973, 322; A 1975, 80; 1977, 456;1983, 1300)

NRS 239.123 Localgovernmental records: Submission to Division; accounting; return orreclamation.

1. As an alternative to the destruction of oldrecords, the records, with the consent of the governing body and the StateLibrary and Archives Administrator, may be submitted to the Division.

2. The custodian of records shall maintain anaccounting of all old records disposed of pursuant to subsection 1, indicatingthe nature or identity of the records as well as the date of submission to theDivision.

3. The Division may return the records so submitted,or any part thereof, if they have no historical or permanent value.

4. Records so submitted may be reclaimed, in whole orin part, by the local government if:

(a) The Division did not acquire title to them in anagreement between the State Library and Archives Administrator and the localgovernment; and

(b) The local government serves written notice upon theDivision of its intention to reclaim the records and pays the cost oftransportation for the return.

(Added to NRS by 1973, 322; A 1973, 347; 1977, 457;1979, 180; 1981, 602; 1983, 1300; 1997, 3155)

NRS 239.124 Localgovernmental records: Exclusive procedures for destruction. The procedures set forth in NRS 239.051, 239.110 and 239.123, and any procedure specificallyauthorized by the special charter of an incorporated city, constitute theprocedures for disposition by a local governmental entity of any old recordswhich have been retained by the entity for any purpose. The disposition thereofmust not occur except in compliance with one of those procedures.

(Added to NRS by 1973, 323; A 1981, 602; 1983, 1300)

NRS 239.125 Localgovernmental records: Program for management; regulations of State Library andArchives Administrator.

1. A local governmental entity may establish a programfor the management of records, including the adoption of schedules for theretention of records and procedures for microfilming, which must be approved bythe governing body and comply with the applicable provisions of this chapterand any regulations adopted pursuant thereto.

2. The State Library and Archives Administrator shalladopt regulations to carry out a program to establish and approve minimumperiods of retention for records of local governments. The proposed regulationsor any amendment thereto must be submitted to the local government advisorycommittee, established pursuant to NRS354.594, for its advice and recommendations.

(Added to NRS by 1973, 323; A 1977, 457; 1979, 180;1993, 170; 1997, 3156)

RESTORATION OF LOST OR DESTROYED RECORDS

NRS 239.130 Rerecordingof instrument if county records lost or destroyed.

1. Whenever the records, or any material part thereof,of any county in this State have been lost or destroyed by fire or otherwise,or shall hereafter be lost or destroyed by fire or otherwise, any map, plat,deed, conveyance, contract, mortgage, deed of trust, power of attorney, orother instrument in writing, of whatever nature or character, or record in anyproceeding authorized by law to be recorded, affecting the title to realproperty or water rights in such county, which have been heretofore recorded,or which may be hereafter recorded, may be rerecorded in the proper officetherefor.

2. In rerecording the same, the officer shall recordthe certificate of the previous record with the date of original filing forrecord shown by the official endorsement on such original instrument, whichshall be deemed and taken as the date of the recording of the instrument towhich it is attached.

3. Where the person desiring such record shall produceto the recorder an affidavit showing that the original is lost or destroyed, orthat the same is not in his possession or control, a duly certified copy of theoriginal may be recorded in the same manner and with the same force and effectas the original under this chapter.

4. Copies of records herein authorized to be made,duly certified, shall have the same force and effect as evidence as certifiedcopies of the original instrument or record.

[1911 CPA 688; RL 5630; NCL 9177]

NRS 239.140 Certaindeeds prima facie evidence of regularity of proceedings after destruction orloss of records.

1. In all cases where real property has been sold by asheriff, executor, administrator, guardian, assignee, receiver, trustee orother person appointed or authorized by the court, and the record of the actionin which the sale had been made is lost or destroyed by fire or otherwise, thedeed to the property made by the sheriff, executor, administrator, guardian,assignee, receiver, trustee or other person appointed or authorized by thecourt shall be prima facie evidence of the legality and regularity of the sale,and of the correctness of the proceeding in the action or proceeding whereinthe property was sold.

2. The deeds made by the treasurer of any county oflands sold at delinquent or forfeited tax sales shall not be prima facieevidence of the title in the purchasers of such lands, and no such presumptionshall be indulged in favor of such tax deeds or sales when the records of thesales and the proceedings upon which the sale was based have been lost ordestroyed by fire or otherwise.

[1911 CPA 689; RL 5631; NCL 9178]

NRS 239.150 Restorationof liens, mortgages and judgments if records lost or destroyed; procedure;limitations.

1. Whenever the record and entry of any judgment, orthe record of any mechanics lien, mortgage or other encumbrance or lien uponproperty is lost or destroyed by fire or otherwise, and the original documentsor instruments or certified copies thereof cannot be found, the judgmentcreditor or his assignee and the person holding or entitled to the mechanicslien, mortgage or other encumbrance or lien on property may, as to suchjudgments, begin a proceeding in the court wherein the same was rendered, andas to mortgages, mechanics liens or other encumbrances or liens, begin aproceeding in any court having jurisdiction over such property, to haveestablished the fact of the existence, prior to the loss or destruction, of therecord of the judgment, mortgage, mechanics lien or other encumbrance or lien,and the substance and effect thereof.

2. The decree in any such case shall be recorded inthe records of the same office in which the original judgment, mortgage,mechanics lien or other encumbrance or lien was recorded or entered.

3. No judgment, mortgage, deed of trust, mechanicslien or other encumbrance upon property, the record whereof has been lost ordestroyed as described in subsection 1:

(a) Shall continue to be a lien upon such property, oraffect the title thereto as against any purchaser for value or subsequentlienholder, unless the action or proceeding to establish the existence of suchrecord, prior to the loss or destruction thereof shall be begun within 6 monthsfrom and after such loss or destruction.

(b) Shall be held binding and in force or be executedor foreclosed, unless the action or proceeding to reestablish the existence ofsuch judgment or instrument, prior to the destruction of the record thereof,shall be begun within 1 year from and after such loss or destruction.

[1911 CPA 690; RL 5632; NCL 9179]

NRS 239.160 Proceedingto establish contents and record of lost or destroyed deed or will; partiesdefendant.

1. Whenever the record of any deed or other instrumentaffecting the title to or concerning any interest in real property or waterrights in this state, which is authorized or required by law to be recorded, orany will, or the probate thereof, is lost or destroyed by fire or otherwise,and the original of the deed or will or the probate thereof, or otherinstrument, or a certified copy thereof, cannot be found, any person claimingtitle to such real property or water right or any interest under the will mayinstitute a proceeding in the district court of the county in which theproperty so affected is situated, to establish the fact of the existence,contents and record of the deed, will and probate thereof, or other instrument,prior to such loss or destruction, and the decree in the case shall be enteredin the proper office of such county.

2. Any person having or claiming an interest in thereal property or water right or being in possession and enjoyment thereof, aswell as the parties to the lost deed or other instrument, and their privies,and all persons interested under the will, shall be made parties defendant insuch proceeding.

[1911 CPA 691; RL 5633; NCL 9180]

NRS 239.170 Procedureto establish contents of lost or destroyed deed or will: Complaint; summons;hearing; decree.

1. The proceeding provided in NRS 239.160 for the restoration of lostrecords shall be begun by filing a complaint in the court having jurisdictionthereof as provided in this chapter, setting forth:

(a) The nature, character and substance of theinstrument and record thereof so lost or destroyed.

(b) The date of the loss or destruction as near as maybe.

(c) The office in which the instrument was originally recorded,with the date when the same was originally filed for record as near as may be.

(d) That the restoration of such records is necessaryto secure the legal rights of the applicant, or of some other person for whosebenefit the application is made.

2. The complaint shall be verified in the mannerprovided for the verification of pleadings in other civil actions.

3. Summons shall issue, and actual service thereof, orservice by publication, shall be made upon all persons interested in oraffected by the original instrument or record in the manner provided by law forthe commencement of civil actions; but the parties may waive the issuing orservice of summons and enter their appearance to such application.

4. Upon hearing the application without furtherpleadings, if the court or judge finds that such instrument and the recordthereof have been lost or destroyed and that such instrument, record orcertified copy thereof cannot be found or produced by the applicant in theproceeding, and the court or judge is enabled by the evidence produced to findthe substance of the instrument or record, an order and decree shall be madesetting forth the interest or record according to its substance and effect, andrequiring the proper officer to reproduce such record which shall recite thesubstance and effect of the lost or destroyed record, or part thereof, as foundby the order and decree. Such record shall have the same effect as the originalrecord would have if the same had not been lost or destroyed, so far as itconcerns the rights of the applicant, or person or parties so served withsummons or entering their appearance, or persons claiming under them by titleacquired subsequently to the filing of the application.

[1911 CPA 692; RL 5634; NCL 9181]

NRS 239.180 Characterof evidence which court may admit. Upon thehearing of the application provided in NRS239.170, the court or judge may admit in evidence oral testimony, and anycomplete or partial abstract of such lost or destroyed instrument, record,docket entries or indexes, and any other written evidence of the contents oreffect of such instrument or record, or published reports concerning suchinstrument or record when the court or judge is of the opinion that such abstracts,writings and publications were fairly and honestly made before the loss ordestruction of such instrument or record.

[1911 CPA 693; RL 5635; NCL 9182]

NRS 239.190 Proceedingsbrought in county where property is situated. Thedistrict court of any county in which the property is situated which will be affectedby proceedings to restore lost records, as provided in this chapter, shall havejurisdiction of such proceedings.

[1911 CPA 694; RL 5636; NCL 9183]

NRS 239.200 Whereproceedings are brought when county divided after destruction of records. Whenever a county is segregated after the loss or destructionof the public records thereof, or any part of such records, and a portion ofits territory is included in some new county created by an act of theLegislature, all original instruments or duly certified copies of suchinstruments mentioned in NRS 239.130shall be recorded in the office of the county recorder of the county in whichthe property affected thereby is situated after such segregation, and allproceedings to restore lost records as provided in this chapter, which arecommenced after the creation of such new county, shall be begun in the countyin which the lands affected by such records are then situated.

[1911 CPA 695; RL 5637; NCL 9184]

NRS 239.210 Limitationsaffecting restored records. Where any judgment,mortgage, deed of trust, lien or the record thereof has been restored underthis chapter, such judgment, mortgage, deed of trust or lien shall not continueto extend beyond the limitation prescribed by law at the time the originaljudgment, mortgage, deed of trust or lien was entered, recorded or created.

[1911 CPA 696; RL 5638; NCL 9185]

NRS 239.220 Restoredrecords validated. Whenever the records or anymaterial part thereof of any county in this state have been lost or destroyedby fire or otherwise, and any map, plat, deed or other instrument in writingmentioned in NRS 239.130, affecting thetitle to any real property or water rights in any such county, shall have beenrerecorded therein, or where a duly certified copy of such instrument shallhave been recorded in such county, prior to January 1, 1912, the record so madeis hereby validated and given the same force and effect as records hereafterrestored in accordance with the provisions of NRS239.130.

[1911 CPA 697; RL 5639; NCL 9186]

NRS 239.230 Restorationof judicial records not affecting real property or water rights: Procedure. In all cases where the records of any judgments, notaffecting real property or water rights, which judgments have not expired bylimitation, or other records of any court of either general or limitedjurisdiction in this state, and all records of proceedings taken by, or inbehalf of any alien to become a citizen of the United States in this state,have been lost or destroyed, the same may be restored and replaced, and becomethe records of the courts, in the manner prescribed in NRS 239.240 to 239.290, inclusive.

[1911 CPA 698; RL 5640; NCL 9187]

NRS 239.240 Restorationof judicial records not affecting real property or water rights: Contents ofaffidavit filed with court.

1. When any record of any court in this state, notaffecting real property or water rights, has been lost, destroyed or defaced,so that its contents cannot be distinguished, the same may be restored by anyparty interested, by making and filing an affidavit in the court whose recordsit is proposed to restore.

2. The affidavit shall set forth:

(a) The nature of the action, demand or claim uponwhich the lost, destroyed or defaced record was obtained.

(b) About the date of the discovery of its loss ordestruction as near as may be.

(c) That the restoration of the record or records isnecessary to secure the legal rights of the affiant, or of some other person,for whose benefit the record or records are sought to be restored.

3. When the record sought to be restored is that of ajudgment, the affidavit shall set forth the amount and character of thejudgment as nearly as can be ascertained.

[1911 CPA 699; RL 5641; NCL 9188]

NRS 239.250 Courtto issue citation upon filing of affidavit.

1. Except in all cases of citizenship ornaturalization where no citation is required to issue, upon making and filingof the affidavits, the court or the judge thereof shall thereupon issue acitation to all parties interested, notifying them to appear and show cause whythe record referred to in the case should not be restored. The citation shallstate that the motion to restore the lost record is based upon affidavit onfile in the court.

2. If the hearing of the case is before the districtcourt, 10 days notice shall be given to all parties interested. If the hearingis before a Justice Court not less than 5 nor more than 10 days notice shallbe required.

[1911 CPA 700; RL 5642; NCL 9189]

NRS 239.260 Serviceof citation on parties residing outside of county or State.

1. When parties upon whom citation is required to beserved reside outside of the county, but within the State, service shall bemade in the same manner as is prescribed by the Nevada Rules of Civil Procedurefor the service of summons in civil actions in this State, and upon a citationissued from a Justice Court under this chapter, the service of the same uponparties residing out of the county, but within the State, shall be in the samemanner as that required for the service of summons in civil actions in thedistrict courts.

2. Where the parties upon whom service is required tobe made reside out of this State, service shall be made by publication, in thesame manner as is required for service of summons in civil cases in the courtsof this State.

[1911 CPA 701; RL 5643; NCL 9190]

NRS 239.270 Counter-affidavits;hearing; decree.

1. In all cases the parties interested shall, uponmotion, have an opportunity of appearing and using counter-affidavits andcontesting the application.

2. If it appear to the court at the hearing that therecord in the case is lost, destroyed or defaced, and what its contents were,it may then make, order or cause to be made, a new roll or record,corresponding to the old one as near as can be done, and enter the same as ofrecord in the court.

3. The matter thus substituted will thenceforward bereceived in all courts and given in all respects the same effect as though itwere the original record.

[1911 CPA 702; RL 5644; NCL 9191]

NRS 239.280 Limitationof record of judgment which has been restored. Whereany record of a judgment has been restored under this chapter, the judgmentshall not continue or extend beyond the limitation prescribed by law at thetime the original judgment so restored was entered.

[1911 CPA 703; RL 5645; NCL 9192]

NRS 239.290 Taxationof costs. The costs to be taxed upon anapplication to restore a lost or destroyed record, as provided in this chapter,shall be the same as are provided for like service in civil actions, and may beadjudged against either or any party to such proceeding or application, or may,in the discretion of the court, be apportioned between such parties.

[1911 CPA 704; RL 5646; NCL 9193]

PENALTIES

NRS 239.300 Stealing,altering or defacing records, documents or instruments. A person who:

1. Steals, embezzles, corrupts, alters, withdraws,falsifies or avoids any record, process, charter, gift, grant, conveyance, bondor contract;

2. Knowingly or willfully, takes off, discharges orconceals any issue, forfeited recognizance or other forfeiture;

3. Forges, defaces or falsifies any document orinstrument recorded or filed in any court, or any registered acknowledgment orcertificate; or

4. Steals, alters, defaces or falsifies any minute,document, book or any proceedings of or belonging to any public office withinthis state,

is guilty ofa category C felony and shall be punished as provided in NRS 193.130.

[Part 61:108:1866; B 2659; BH 1696; C 1842; RL 2817; NCL 4817](NRS A 1967, 533; 1979, 1463; 1983, 266; 1995, 1263)

NRS 239.310 Removing,injuring or concealing public records and documents. Aperson who willfully and unlawfully removes, alters, mutilates, destroys,conceals or obliterates a record, map, book, paper, document or other thingfiled or deposited in a public office, or with any public officer, by authorityof law, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

[1911 C&P 79; RL 6344; NCL 10028](NRS A1967, 533; 1979, 1463; 1995, 1263)

NRS 239.320 Injuryto, concealment or falsification of records or papers by public officer. An officer who mutilates, destroys, conceals, erases,obliterates or falsifies any record or paper appertaining to his office, isguilty of a category C felony and shall be punished as provided in NRS 193.130.

[Part 1911 C&P 80; RL 6345; NCL 10029](NRSA 1979, 1463; 1995, 1264)

NRS 239.330 Offeringfalse instrument for filing or record. Aperson who knowingly procures or offers any false or forged instrument to befiled, registered or recorded in any public office, which instrument, ifgenuine, might be filed, registered or recorded in a public office under anylaw of this State or of the United States, is guilty of a category C felony andshall be punished as provided in NRS 193.130.

[1911 C&P 83; RL 6348; NCL 10032](NRS A1967, 533; 1995, 1264)

 

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