2005 Nevada Revised Statutes - Chapter 248 — Sheriffs

CHAPTER 248 - SHERIFFS

GENERAL PROVISIONS

NRS 248.005 Qualifications.

NRS 248.010 Election;term of office.

NRS 248.020 Oathand bond.

NRS 248.030 Office;hours to remain open.

NRS 248.040 Appointmentand removal of deputies.

NRS 248.045 Appointmentand removal of police officers by sheriff of metropolitan police department.

CONTROL OF JAIL

NRS 248.050 Custodyof jail and prisoners.

NRS 248.060 Penaltyfor sheriff or jailer refusing to receive or arrest.

DUTIES; POWERS; PROHIBITED ACTS; PROCESS; LIABILITIES

NRS 248.090 Generalduties.

NRS 248.092 Searchesand rescues.

NRS 248.100 Attendanceat sessions of district court; duty to obey lawful orders of district court;execute process, writs and warrants unless authorize constable to do so.

NRS 248.110 Practiceof law prohibited.

NRS 248.120 Process,writ and orders to be endorsed; provision of memorandum or copy upon request.

NRS 248.130 Executionand endorsement of process; liability for failure to execute.

NRS 248.150 Liabilityto creditor for failure to attach, levy or sell.

NRS 248.160 Liabilityfor collections.

NRS 248.170 Sheriffnot to purchase at sale.

NRS 248.180 Collectionof execution after expiration of term of office.

NRS 248.190 Serviceon sheriff: Manner.

NRS 248.210 Dutiesconcerning riotous assembly; penalty.

NRS 248.220 Sheriffmay call upon Governor for military aid to assist civil authorities insuppressing violence.

NRS 248.230 Penaltyfor failure to prevent duel.

NRS 248.242 Accidentreports and related materials: Provision upon receipt of reasonable fee; exceptions.

NRS 248.245 Reportof deaths to public administrator in certain counties.

NRS 248.250 Dutiespertaining to criminal procedure in Justice Courts.

FEES; COMMISSIONS; COMPENSATION; MILEAGE

NRS 248.275 Collectionand deposit of fees; amount of commissions and mileage; entitlement tocompensation.

NRS 248.285 Feesof sheriff of Carson City.

NRS 248.300 Sheriffto keep fee book.

NRS 248.310 Quarterlyfinancial statements.

NRS 248.320 Noother fees to be charged.

NRS 248.330 Failureto comply with certain statutory requirements: Penalty.

NRS 248.340 Punishmentfor taking excessive fees.

NRS 248.350 Civilliability for excessive fees.

NRS 248.360 Tableof fees to be posted; penalties.

NRS 248.370 Costof publication.

NRS 248.380 Feespayable in advance; execution.

NRS 248.390 Mileagefor service of more than one process.

NRS 248.400 Computationof mileage.

NRS 248.410 Nofee for returns; penalties.

_________

GENERAL PROVISIONS

NRS 248.005 Qualifications.

1. No person is eligible to the office of sheriffunless:

(a) He will have attained the age of 21 years on thedate he would take office if so elected; and

(b) He is a qualified elector.

2. A person who has been convicted of a felony in thisstate or any other state is not qualified to be a candidate for or elected orappointed to the office of sheriff regardless of whether he has been restoredto his civil rights.

(Added to NRS by 2003, 2135, 2696)

NRS 248.010 Election;term of office.

1. Sheriffs must be elected by the qualified electorsof their respective counties.

2. Sheriffs must be chosen by the electors of theirrespective counties at the general election in 1922, and at the generalelection every 4 years thereafter, and shall enter upon the duties of theirrespective offices on the first Monday of January subsequent to their election.

[Part 1:108:1866; B 2599; BH 1636; C 1782; RL 2765; NCL 4765] + [Part 9:108:1866; B 2607; BH 1644; C 1790; RL 2773;NCL 4773] + [Part 17:108:1866; A 1921, 96; NCL 4781](NRS A 2003, 2696)

NRS 248.020 Oathand bond. Before entering upon the dischargeof his duties, each sheriff shall:

1. Take the oath of office.

2. Give a bond to his county in the penal sum of notless than $10,000 nor more than $50,000, with two or more sureties, residing inhis county, or by any qualified surety company, to be approved by the board ofcounty commissioners, conditioned for the faithful performance of the duties ofhis office, unless a blanket fidelity bond is furnished by the county. The bondmust be filed and recorded in the office of the county clerk of his county.

[2:38:1861; A 1931, 33; 1931 NCL 2145](NRS A 1979,289)

NRS 248.030 Office;hours to remain open. Sheriffs shall keep anoffice at the county seat of their county which shall be kept open inaccordance with the provisions of NRS245.040.

[Part 1:178:1907; A 1929, 255; 1955, 6, 471]

NRS 248.040 Appointmentand removal of deputies.

1. Except as provided in NRS 248.045, each sheriff may:

(a) Appoint, in writing signed by him, one or moredeputies, who may perform all the duties devolving on the sheriff of the countyand such other duties as the sheriff may from time to time direct. Theappointment of a deputy sheriff must not be construed to confer upon thatdeputy policymaking authority for the office of the sheriff or the county bywhich the deputy sheriff is employed.

(b) Except as otherwise provided in this paragraph,only remove a deputy who has completed a probationary period of 12 months forcause. A deputy who functions as the head of a department or an administrativeemployee or who has not completed the probationary period may be removed at thesheriffs pleasure.

2. No deputy sheriff is qualified to act as suchunless he has taken an oath to discharge the duties of the office faithfullyand impartially. The oath must be certified on the back of his appointment andfiled in the office of the county auditor.

3. The sheriff may require of his deputies such bondsas to him seem proper.

[3:38:1861; A 1913, 108; 1919 RL 1645; NCL 2146](NRS A 1969, 649; 1973, 925, 1694; 1983, 742; 1987, 1447; 2005, 680)

NRS 248.045 Appointmentand removal of police officers by sheriff of metropolitan police department.

1. The sheriff of a metropolitan police department mayappoint one or more police officers who have the same powers and duties asdeputy sheriffs. The appointment and removal of those police officers by thesheriff of a metropolitan police department must be made in accordance with theprovisions of the civil service system for the department.

2. In any county whose population is 100,000 or more,the sheriff shall appoint and remove deputies in accordance with the provisionsof the merit personnel system of that county.

(Added to NRS by 1987, 1447)

CONTROL OF JAIL

NRS 248.050 Custodyof jail and prisoners. The sheriff of eachcounty shall have the custody of the jail of his county and the prisoners inthe same, and shall appoint the keeper thereof, for whose conduct he shall beresponsible, and whom he may remove at pleasure.

[Part 4:38:1861; A 1867, 64; B 2955; BH 2122; C 2243; RL 1646; NCL 2147]

NRS 248.060 Penaltyfor sheriff or jailer refusing to receive or arrest. Ifany sheriff or keeper of a jail shall willfully refuse to receive or arrest anyperson charged with a criminal offense, such sheriff or jailer is guilty of agross misdemeanor.

[Part 67:108:1866; B 2665; BH 1702; C 1848; RL 2820; NCL 4820](NRS A 1967, 539)

DUTIES; POWERS; PROHIBITED ACTS; PROCESS; LIABILITIES

NRS 248.090 Generalduties. Sheriffs and their deputies shall keepand preserve the peace in their respective counties, and quiet and suppress allaffrays, riots and insurrections, for which purpose, and for the service ofprocess in civil or criminal cases, and in apprehending or securing any personfor felony, or breach of the peace, they may call upon the power of theircounty to aid in such arrest or in preserving the peace.

[5:38:1861; B 2956; BH 2123; C 2244; RL 1647;NCL 2148]

NRS 248.092 Searchesand rescues. The sheriff is responsible forsearches and rescues within his county.

(Added to NRS by 1983, 1354)

NRS 248.100 Attendanceat sessions of district court; duty to obey lawful orders of district court;execute process, writs and warrants unless authorize constable to do so.

1. The sheriff shall:

(a) Attend in person, or by deputy, all sessions of thedistrict court in his county.

(b) Obey all the lawful orders and directions of thesame.

(c) Except as otherwise provided in subsection 2,execute the process, writs or warrants of courts of justice, judicial officersand coroners, when delivered to him for that purpose.

2. The sheriff may authorize the constable of theappropriate township to receive and execute the process, writs or warrants ofcourts of justice, judicial officers and coroners.

[6:38:1861; A 1873, 115; B 2957; BH 2124; C 2245; RL 1648; NCL 2149](NRS A 2001, 1455)

NRS 248.110 Practiceof law prohibited. A sheriff shall not engagein the practice of law.

[Part 4:38:1861; A 1867, 64; B 2955; BH 2122; C 2243; RL 1646; NCL 2147](NRS A 1991, 105)

NRS 248.120 Process,writ and orders to be endorsed; provision of memorandum or copy upon request. When any process, writ or order is delivered to thesheriff, or the constable as authorized pursuant to NRS 248.100, to be served or executed, thesheriff or constable shall:

1. Forthwith endorse upon it the year, month, day andhour of its receipt.

2. Give to the person delivering it, if required, onpayment of his fee, a written memorandum signed by him, stating the names ofthe parties in the process or order, the nature thereof and the time it wasreceived. He shall also deliver to the party served a copy thereof, if requiredso to do, without charge to such party.

[7:38:1861; B 2958; BH 2125; C 2246; RL 1649;NCL 2150](NRS A 2001,1455)

NRS 248.130 Executionand endorsement of process; liability for failure to execute. A sheriff, or a constable authorized pursuant to NRS 248.100, to whom any process, writ,order or paper is delivered shall:

1. Execute the same with diligence, according to itscommand, or as required by law.

2. Return it without delay to the proper court orofficer, with his certificate endorsed thereon of the manner of its service orexecution, or, if not served or executed, the reasons for his failure.

For afailure so to do, he shall be liable to the party aggrieved for all damagessustained by him on account of such neglect.

[8:38:1861; B 2959; BH 2126; C 2247; RL 1650;NCL 2151](NRS A 2001,1455)

NRS 248.150 Liabilityto creditor for failure to attach, levy or sell. Exceptas otherwise provided in NRS 248.100, ifthe sheriff to whom a writ of execution or writ of attachment is deliveredshall neglect or refuse, after being required by the creditor or his attorneyto attach, or to levy upon or sell, any property of the party charged in thewrit which is liable to be attached or levied upon and sold, he shall be liableon his official bond to the creditor for the value of such property.

[9:38:1861; B 2960; BH 2127; C 2248; RL 1651;NCL 2152](NRS A 2001,1455)

NRS 248.160 Liabilityfor collections. If a sheriff neglects orrefuses to pay over on demand to the person entitled thereto any money whichmay come into his hands by virtue of his office, after deducting his legalfees, the amount thereof, with 25 percent damages, and interest at the rate of7 percent per annum from the time of the demand, may be recovered by suchperson from him and the sureties on his official bond, on application, upon 5days notice to the court in which the action is brought.

[10:38:1861; B 2961; BH 2128; C 2249; RL 1652; NCL 2153](NRS A 1959, 184)

NRS 248.170 Sheriffnot to purchase at sale. No sheriff shallbecome the purchaser, nor procure any person to become the purchaser for him,of any property, real or personal, by him exposed to sale by virtue of anyexecution or other process; and all such purchases made by any sheriff, or anyperson in his behalf, shall be absolutely null and void.

[13:38:1861; B 2964; BH 2131; C 2252; RL 1655; NCL 2156]

NRS 248.180 Collectionof execution after expiration of term of office. Anysheriff, at the expiration of his term of office, having any execution or finalprocess which he may have levied and not collected, shall be and is authorizedto proceed and collect such execution in the same manner as if his term ofoffice had not expired.

[14:38:1861; B 2965; BH 2132; C 2253; RL 1656; NCL 2157]

NRS 248.190 Serviceon sheriff: Manner. Service of a paper uponthe sheriff may be made by delivering it to him in person, or by delivering itto one of his deputies, or to a person belonging to and in the office, duringoffice hours, or, if no such person be there, by leaving it in a conspicuousplace in the office.

[18:38:1861; B 2969; BH 2136; C 2257; RL 1660; NCL 2161]

NRS 248.210 Dutiesconcerning riotous assembly; penalty.

1. When six or more persons, whether armed or not,shall be unlawfully or riotously assembled in any city or town, the sheriff ofthe county and his deputies shall go among the persons so assembled, or as nearas possible, and shall command them, in the name of the people of the UnitedStates and the State of Nevada, to disperse immediately.

2. If the persons assembled do not immediatelydisperse, the sheriff and his deputies shall arrest them that they may bepunished according to law, and for that purpose may command the aid of allpersons present or within the county.

3. If a sheriff or his deputies, having notice of anunlawful or riotous assembly, as provided in subsection 1, neglect or refuse toproceed to the place of assembly, or as near thereto as he can with safety, andto exercise the authority with which he is invested for suppressing the sameand arresting the offenders, he shall be deemed guilty of a misdemeanor, andshall be punished accordingly.

[Part 87:108:1866; B 2685; BH 1722; C 1868; RL 2836; NCL 4836] + [88:108:1866; B 2686; BH 1723; C 1869; RL 2837;NCL 4837] + [90:108:1866; B 2688; BH 1725; C 1871; RL 2838; NCL 4838]

NRS 248.220 Sheriffmay call upon Governor for military aid to assist civil authorities insuppressing violence. When there is anunlawful or riotous assembly, with the intent to commit a felony, or to offerviolence to person or property, or to resist, by force, the laws of the State,and the fact is made to appear to the sheriff of the county, the sheriff maycall upon the Governor for military aid in the manner provided by law, to aidthe civil authorities in suppressing violence and enforcing the laws.

[Part 82:108:1866; B 2690; BH 1727; C 1873; RL 2839; NCL 4839] + [Part 93:108:1866; B 2691; BH 1728; C 1874; RL 2840; NCL 4840] + [94:108:1866; B 2692; BH 1729; C 1875; RL 2841; NCL 4841](NRS A 1967, 1341)

NRS 248.230 Penaltyfor failure to prevent duel. If any sheriffshall have knowledge of an intention on the part of any two persons to fightwith a deadly weapon or weapons, and the sheriff shall not use and exert hisofficial authority to arrest the parties and prevent the deed, he shall befined in a sum not exceeding $1,000.

[Part 70:108:1866; B 2668; BH 1705; C 1851; RL 2823; NCL 4823]

NRS 248.242 Accidentreports and related materials: Provision upon receipt of reasonable fee;exceptions. A sheriff shall, within 7 daysafter receipt of a written request of a person who claims to have sustaineddamages as a result of an accident, or his legal representative or insurer, andupon receipt of a reasonable fee to cover the cost of reproduction, provide theperson, his legal representative or insurer, as applicable, with a copy of theaccident report and all statements by witnesses and photographs in thepossession or under the control of the sheriffs office that concern theaccident, unless:

1. The materials are privileged or confidentialpursuant to a specific statute; or

2. The accident involved:

(a) The death or substantial bodily harm of a person;

(b) Failure to stop at the scene of an accident; or

(c) The commission of a felony.

(Added to NRS by 1987, 1051; A 2005, 701)

NRS 248.245 Reportof deaths to public administrator in certain counties.In counties having a population of less than 100,000, the sheriff shallreport immediately to the public administrator all deaths which he gainsknowledge of in the performance of his duties.

(Added to NRS by 1971, 507; A 1979, 522)

NRS 248.250 Dutiespertaining to criminal procedure in Justice Courts. Sheriffsand their deputies shall perform such duties as are required by NRS 258.070.

[Part 6:82:1861; A 1887, 134; C 2321; RL 1692;NCL 2192]

FEES; COMMISSIONS; COMPENSATION; MILEAGE

NRS 248.275 Collectionand deposit of fees; amount of commissions and mileage; entitlement tocompensation.

1. The sheriff of each county in this State may chargeand collect the following fees:

 

For serving a summonsor complaint, or any other process, by which an action or proceeding iscommenced, except as a writ of habeas corpus, on every defendant............................................................... $17

For traveling andmaking such service, per mile in going only, to be computed in all cases thedistance actually traveled, for each mile................................................................................................................. 2

If any two or morepapers are required to be served in the same suit at the same time, whereparties live in the same direction, one mileage only may be charged.

For taking a bond orundertaking in any case in which he is authorized to take a bond or undertaking 5

For a copy of anywrit, process or other paper, if demanded or required by law, for each page 3

For serving everyrule or order................................................................................ 15

For serving onenotice required by law before the commencement of a proceeding for any type ofeviction 26

For serving not fewerthan 2 nor more than 10 such notices to the same location, each notice 20

For serving not fewerthan 11 nor more than 24 such notices to the same location, each notice 17

For serving 25 ormore such notices to the same location, each notice............ 15

For mileage in servingsuch a notice, for each mile necessarily and actually traveled in going only 2

But if two or morenotices are served at the same general location during the same period, mileagemay only be charged for the service of one notice.

For serving a subpoena,for each witness summoned......................................... 15

For traveling, permile in serving subpoenas, or a venire, in going only, for each mile 2

When two or morewitnesses or jurors live in the same direction, traveling fees must be chargedonly for the most distant.

For serving anattachment on property, or levying an execution, or executing an order ofarrest or order for the delivery of personal property, together with travelingfees, as in cases of summons. 15

For making andposting notices and advertising for sale, on execution or any judgment or orderof sale, not to include the cost of publication in a newspaper........................................................................... 15

For issuing eachcertificate of sale of property on execution or order of sale, and forrecording the original certificate with the county recorder, which must becollected from the party receiving the certificate 5

For drawing andexecuting every sheriffs deed, to be paid by the grantee, who shall inaddition pay for the acknowledgment thereof................................................................................................................... 20

For serving a writ ofpossession or restitution, putting any person into possession entitled thereto 21

For traveling in theservice of any process, not otherwise provided in this section, for each milenecessarily traveled, for going only, for each mile................................................................................................. 2

For mailing a noticeof a writ of execution................................................................ 2

 

The sheriff may charge and collect $2 per mile traveled, forgoing only, on all papers not served, where reasonable effort has been made toeffect service, but not to exceed $20.

2. The sheriff may also charge and collect:

(a) For commissions for receiving and paying over moneyon execution or process, where lands or personal property have been levied on,advertised or sold, on the first $500, 4 percent; on any sum in excess of $500,and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.

(b) For commissions for receiving and paying over moneyon executions without levy, or where the lands or goods levied on are not sold,on the first $3,500, 2 percent, and on all amounts over that sum, one-half of 1percent.

(c) For service of any process in a criminal case, orof a writ of habeas corpus, the same mileage as in civil cases, to be allowed,audited and paid as are other claims against the county.

(d) For all services in Justice Courts, the same feesas are allowed in subsection 1 and paragraphs (a), (b) and (c) of thissubsection.

3. The sheriff is also entitled to furthercompensation for his trouble and expense in taking possession of property underattachment, execution or other process and of preserving the property, as thecourt from which the writ or order may issue certifies to be just andreasonable.

4. In service of a subpoena or a venire in criminalcases, the sheriff is entitled to receive mileage for the most distant only,where witnesses and jurors live in the same direction.

5. The fees allowed for the levy of an execution, foradvertising and for making and collecting money on an execution or order ofsale, must be collected from the defendants, by virtue of the execution ororder of sale, in the same manner as the execution is directed to be made.

6. Except as otherwise provided by an ordinanceadopted pursuant to the provisions of NRS244.207, all fees collected by a sheriff must be paid into the countytreasury of his county on or before the fifth working day of the month nextsucceeding the month in which the fees are collected.

(Added to NRS by 1969, 182; A 1973, 784, 1680; 1985,1006; 1987, 649; 1989, 1144; 1991, 406; 1993, 1351; 1997, 1206; 2001, 1743, 3210; 2003, 227)

NRS 248.285 Feesof sheriff of Carson City. The provisions of NRS 248.275 apply to the sheriff of CarsonCity.

(Added to NRS by 1969, 323)

NRS 248.300 Sheriffto keep fee book. Each sheriff shall keep inhis office a fee book in which he shall enter in detail the title of thematter, proceeding or action, and the fees charged therein. The fee book shallbe open to public inspection.

[Part 18:49:1883; BH 2359; C 2483; RL 2020; NCL 2951]

NRS 248.310 Quarterlyfinancial statements.

1. On the first Monday of January, April, July andOctober, each sheriff who receives fees under the provisions of this chaptershall make out and file with the boards of county commissioners of theirseveral counties a full and correct statement under oath of all fees,percentages or compensation, of whatever nature or kind, received in theirseveral official capacities during the preceding 3 months. In the statementthey shall set forth the cause in which, and the services for which, such feesor compensation were received.

2. Nothing in this section shall be so construed as torequire personal attendance in filing statements, which may be transmitted bymail or otherwise directed to the clerk of the board of county commissioners.

[Part 19:49:1883; BH 2360; C 2484; RL 2021; NCL 2952]

NRS 248.320 Noother fees to be charged. No other fees shallbe charged by sheriffs than those specifically set forth in this chapter, norshall fees be charged for any other services than those mentioned in thischapter.

[Part 17:49:1883; BH 2358; C 2482; RL 2019; NCL 2950]

NRS 248.330 Failureto comply with certain statutory requirements: Penalty. Any sheriff who shall violate any of the provisions of NRS 248.300, 248.310 and 248.320 shall be fined not more than$1,000.

[Part 21:49:1883; BH 2362; C 2486; RL 2023; NCL 2954](NRS A 1967, 540)

NRS 248.340 Punishmentfor taking excessive fees. If any sheriffshall take more or greater fees than are allowed by law, he shall be liable toindictment, and on conviction shall be removed from office and fined in any sumnot exceeding $1,000.

[Part 22:49:1883; BH 2363; C 2487; RL 2024; NCL 2955]

NRS 248.350 Civilliability for excessive fees. No sheriffshall, directly or indirectly, ask, demand or receive for any services or actsby him performed in pursuance of any duty of his office any greater or morefees than he is allowed by law, on pain of forfeiting for such offense, to theparty aggrieved, treble the sum so demanded or received, and his legal fees,together with costs of suit.

[12:38:1861; B 2963; BH 2130; C 2251; RL 1654; NCL 2155]

NRS 248.360 Tableof fees to be posted; penalties. Any sheriffreceiving fees as provided by law shall publish and set up in some conspicuousplace in his office a fee table for public inspection. A sum not exceeding $20for each day of his omission so to do shall be forfeited, which sum with costsmay be recovered by any person by an action before any justice of the peace ofthe same county.

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

NRS 248.370 Costof publication. When by law any publication isrequired to be made by any sheriff of any suit, process, notice, order or otherpaper, the cost of such publication shall, if demanded, be tendered by theparty to whom such order, process, notice or other paper was granted before thesheriff shall be compelled to make publication thereof.

[Part 24:49:1883; BH 2365; C 2489; RL 2026; NCL 2957]

NRS 248.380 Feespayable in advance; execution. All feesprescribed in this chapter shall be payable in advance, if demanded. If asheriff shall not have received any or all of his fees, which may be due himfor services rendered by him in any suit or proceedings, he may have executiontherefor in his own name against the party or parties from whom they are due,to be issued from the court where the action is pending, upon the order of thejudge or court upon affidavit filed.

[Part 25:49:1883; BH 2366; C 2490; RL 2027; NCL 2958]

NRS 248.390 Mileagefor service of more than one process. When anysheriff serves more than one process in the same cause, not requiring more thanone journey from his office, he shall receive mileage only for the most distantservice.

[Part 35:49:1883; BH 2376; C 2500; RL 2037; NCL 2968]

NRS 248.400 Computationof mileage. Mileage shall be computed from thecourthouse of the county in all cases where mileage is chargeable by thesheriff. Every fraction of a mile shall be computed as a mile.

[Part 38:49:1883; BH 2379; C 2503; RL 2040; NCL 2971]

NRS 248.410 Nofee for returns; penalties. No sheriff shallbe allowed to charge or receive any fee or compensation whatever for the returnwritten upon any summons, subpoena, writ of attachment, execution, order ofsale or other paper. Any sheriff violating the terms of this section shall bepunished by a fine of not more than $500 and shall be removed from office.

[Part 39:49:1883; BH 2380; C 2504; RL 2041; NCL 2972](NRS A 1967, 540)

 

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