[Rev. 11/21/2013 10:26:24 AM--2013]

CHAPTER 258 - CONSTABLES

NRS 258.001           Definitions.

NRS 258.002           “Category I peace officer” defined.

NRS 258.003           “Category II peace officer” defined.

NRS 258.004           “Peace officer” defined.

NRS 258.005           General qualifications.

NRS 258.007           Certification as category I or category II peace officer required in certain townships; forfeiture of office.

NRS 258.010           Election; appointment of sheriff to serve ex officio; term of office; abolition of office.

NRS 258.020           Oath and bond.

NRS 258.030           Vacancy when office not abolished: Applicable law governing appointment.

NRS 258.040           Compensation.

NRS 258.050           Expenses; claims.

NRS 258.060           Deputies; certification of deputy as category I or category II peace officer required in certain townships.

NRS 258.065           Clerical and operational staff: Appointment; powers; oath; bond; compensation; duties.

NRS 258.070           Duties and powers of constable or deputy; duties and powers of sheriff or deputy.

NRS 258.072           Accident reports and related materials: Provision upon receipt of reasonable fee; exceptions.

NRS 258.075           Report of deaths to public administrator in certain counties.

NRS 258.080           Duties in new township.

NRS 258.090           Liability on bond: Tender of fees and indemnity bond.

NRS 258.110           Unlawful failure to receive or arrest offender; penalty.

NRS 258.120           Purchasing judgment prohibited; penalty.

NRS 258.125           Fees; expenses; accounting.

NRS 258.170           No other fees to be charged.

NRS 258.180           Fee book.

NRS 258.190           Quarterly financial statements.

NRS 258.200           Failure to comply with certain statutory requirements: Penalty.

NRS 258.205           Penalties for failure of constable to file report, oath or other document with county or Peace Officers’ Standards and Training Commission.

NRS 258.210           Punishment for taking excessive fees.

NRS 258.220           Table of fees to be posted; penalties.

NRS 258.230           Fees payable in advance; execution.

NRS 258.240           Limitation on mileage.

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      NRS 258.001  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 258.002, 258.003 and 258.004 have the meanings ascribed to them in those sections.

      (Added to NRS by 2013, 2946)

      NRS 258.002  “Category I peace officer” defined.  “Category I peace officer” has the meaning ascribed to it in NRS 289.460.

      (Added to NRS by 2013, 2946)

      NRS 258.003  “Category II peace officer” defined.  “Category II peace officer” has the meaning ascribed to it in NRS 289.470.

      (Added to NRS by 2013, 2946)

      NRS 258.004  “Peace officer” defined.  “Peace officer” has the meaning ascribed to it in NRS 289.010.

      (Added to NRS by 2013, 2946)

 

      NRS 258.005  General qualifications.

      1.  No person is eligible to the office of constable unless the person:

      (a) Will have attained the age of 21 years on the date he or she would take office if so elected or appointed; and

      (b) Is a qualified elector.

      2.  A person who has been convicted of a felony in this state or any other state is not qualified to be a candidate for or elected or appointed to the office of constable regardless of whether the person has been restored to his or her civil rights.

      (Added to NRS by 2003, 2135, 2696)

      NRS 258.007  Certification as category I or category II peace officer required in certain townships; forfeiture of office.

      1.  Each constable of a township whose population is 15,000 or more or a township that has within its boundaries a city whose population is 15,000 or more shall become certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer within 1 year after the date on which the constable commences his or her term of office or appointment unless the Commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months.

      2.  If a constable does not comply with the provisions of subsection 1, the constable forfeits his or her office and a vacancy is created which must be filled in accordance with NRS 258.030.

      (Added to NRS by 2013, 2946)

      NRS 258.010  Election; appointment of sheriff to serve ex officio; term of office; abolition of office.

      1.  Except as otherwise provided in subsections 2 and 3:

      (a) Constables must be elected by the qualified electors of their respective townships.

      (b) The constables of the several townships of the State must be chosen at the general election of 1966, and shall enter upon the duties of their offices on the first Monday of January next succeeding their election, and hold their offices for the term of 4 years thereafter, until their successors are elected and qualified.

      (c) Constables must receive certificates of election from the boards of county commissioners of their respective counties.

      2.  In a county which includes only one township, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation. The resolution must not become effective until the completion of the term of office for which a constable may have been elected.

      3.  In a county whose population:

      (a) Is less than 700,000, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may, by ordinance, abolish the office of constable in those townships.

      (b) Is 700,000 or more, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may, by ordinance, abolish the office in those townships, but the abolition does not become effective as to a particular township until the constable incumbent on May 28, 1979, does not seek, or is defeated for, reelection.

Ê For a township in which the office of constable has been abolished, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation.

      [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 18:108:1866; B § 2616; BH § 1653; C § 1799; RL § 2782; NCL § 4782] + [Part 30:108:1866; B § 2628; BH § 1665; C § 1811; RL § 2794; NCL § 4794]—(NRS A 1965, 724; 1967, 455; 1975, 1421; 1979, 524, 1729; 1989, 1906; 1997, 218; 2011, 1129)

      NRS 258.020  Oath and bond.  Each constable elected or appointed in this state shall, before entering upon the duties of office:

      1.  Take the oath prescribed by law. The oath must be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the constable legally holds and exercises his or her office.

      2.  Execute a bond to the State of Nevada, to be approved by the board of county commissioners, in the penal sum of not less than $1,000 nor more than $3,000, as may be designated by the board of county commissioners. The bond must be conditioned for the faithful performance of the duties of his or her office and must be filed in the county clerk’s office.

      [2:7:1873; B § 2979; BH § 2255; C § 2422; RL § 4928; NCL § 8475]—(NRS A 2013, 2947)

      NRS 258.030  Vacancy when office not abolished: Applicable law governing appointment.  Except for those townships that the boards of county commissioners have determined do not require an office of constable, if any vacancy exists or occurs in the office of constable in any township, the board of county commissioners shall appoint a person to fill the vacancy pursuant to NRS 245.170.

      [Part 49:108:1866; A 1933, 165; 1939, 146; 1931 NCL § 4813]—(NRS A 1975, 1422; 1997, 1292)

      NRS 258.040  Compensation.

      1.  The several boards of county commissioners of each county, at the regular meeting in July of any year in which an election of constables is held, shall fix the minimum compensation of the constables within their respective townships for the ensuing term, either by stated salaries, payable monthly, semimonthly or at regular 26-week intervals, or by fees, as provided by law, or both, and they may thereafter increase or change such compensation during the term but shall not reduce it below the minimum so established.

      2.  If it becomes necessary to appoint a constable at any time, the board of county commissioners in the county in which such appointment is made shall fix the compensation, either by salary or by fees, as provided by law, or both, for the term for which the constable is appointed.

      [Part 1:12:1929; A 1953, 202] + [Part 2:12:1929; NCL § 2202] + [Part 3:12:1929; NCL § 2203]—(NRS A 1973, 292)

      NRS 258.050  Expenses; claims.

      1.  When any constable shall be entitled to receive necessary traveling expenses for the transaction of public business, such expenses shall include the constable’s actual living expenses, but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance.

      2.  Where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train, airplane or bus schedule or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners is authorized to allow for traveling by private conveyance an amount not to exceed the maximum per-mile allowance for travel by private conveyance established by the State Board of Examiners for state officers and employees generally.

      3.  Any constable presenting a claim to the county for any expenses allowed by law shall attach itemized vouchers and receipts for the same to his or her claim, and the boards of county commissioners of the several counties are hereby prohibited from allowing such claim unless accompanied by vouchers and receipts as required by this section.

      [Part 1:16:1928; A 1939, 31; 1953, 69; 1955, 596]—(NRS A 1973, 1675; 2007, 601)

      NRS 258.060  Deputies; certification of deputy as category I or category II peace officer required in certain townships.

      1.  All constables may appoint deputies, who are authorized to transact all official business pertaining to the office to the same extent as their principals. A person must not be appointed as a deputy constable unless the person has been a resident of the State of Nevada for at least 6 months before the date of the appointment. A person who is appointed as a deputy constable in a township whose population is 15,000 or more or a township that has within its boundaries a city whose population is 15,000 or more may not commence employment as a deputy constable until the person is certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer. The appointment of a deputy constable must not be construed to confer upon that deputy policymaking authority for the office of the county constable or the county by which the deputy constable is employed.

      2.  Constables are responsible for the compensation of their deputies and are responsible on their official bonds for all official malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of the deputies by the constables.

      3.  All appointments of deputies under the provisions of this section must be in writing and must, together with the oath of office of the deputies, be filed and recorded within 30 days after the appointment in a book provided for that purpose in the office of the recorder of the county within which the constable legally holds and exercises his or her office. Revocations of such appointments must also be filed and recorded as provided in this section within 30 days after the revocation of the appointment. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.

      [Part 1:101:1864; A 1905, 33; 1913, 108; 1919 RL § 2848; NCL § 4848] + [Part 2:101:1864; B § 3068; BH § 2280; C § 2452; RL § 2849; NCL § 4849] + [3:101:1864; B § 3069; BH § 2281; C § 2453; RL § 2850; NCL § 4850]—(NRS A 2005, 683; 2013, 2947)

      NRS 258.065  Clerical and operational staff: Appointment; powers; oath; bond; compensation; duties.

      1.  The constable of a township may, subject to the approval of the board of county commissioners, appoint such clerical and operational staff as the work of the constable requires. The compensation of any person so appointed must be fixed by the board of county commissioners.

     2.  A person who is employed as clerical or operational staff of a constable:

      (a) Does not have the powers of a peace officer; and

      (b) May not possess a weapon or carry a concealed firearm, regardless of whether the person possesses a permit to carry a concealed firearm issued pursuant to NRS 202.3653 to 202.369, inclusive, while performing the duties of the office of the constable.

      3.  A constable’s clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of that township and county.

      4.  A constable’s clerk shall do all clerical work in connection with keeping the records and files of the office, and shall perform such other duties in connection with the office as the constable shall prescribe.

      (Added to NRS by 1957, 35; A 1963, 454, 1297; 1979, 525; 1981, 171; 2013, 2947)

      NRS 258.070  Duties and powers of constable or deputy; duties and powers of sheriff or deputy.

      1.  Subject to the provisions of subsection 2, each constable shall:

      (a) Be a peace officer in his or her township.

      (b) Serve all mesne and final process issued by a court of competent jurisdiction.

      (c) Execute the process, writs or warrants that the constable is authorized to receive pursuant to NRS 248.100.

      (d) Discharge such other duties as are or may be prescribed by law.

      2.  A constable or deputy constable elected or appointed in a township whose population is less than 15,000 or a township that has within its boundaries a city whose population is less than 15,000 may not arrest any person while carrying out the duties of the office of constable unless he or she is certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer.

      3.  Pursuant to the procedures and subject to the limitations set forth in chapters 482 and 484A to 484E, inclusive, of NRS, a constable may issue a citation to an owner or driver, as appropriate, of a vehicle which is located in his or her township at the time the citation is issued and which is required to be registered in this State if the constable determines that the vehicle is not properly registered. The constable shall, upon the issuance of such citation, charge and collect a fee of $100 from the person to whom the citation is issued, which may be retained by the constable as compensation.

      4.  If a sheriff or the sheriff’s deputy in any county in this State arrests a person charged with a criminal offense or in the commission of an offense, the sheriff or the sheriff’s deputy shall serve all process, whether mesne or final, and attend the court executing the order thereof in the prosecution of the person so arrested, whether in a justice court or a district court, to the conclusion, and whether the offense is an offense of which a justice of the peace has jurisdiction, or whether the proceeding is a preliminary examination or hearing. The sheriff or the sheriff’s deputy shall collect the same fees and in the same manner therefor as the constable of the township in which the justice court is held would receive for the same service.

      [6:82:1861; A 1887, 134; C § 2321; RL § 1692; NCL § 2192]—(NRS A 1991, 408; 2001, 1456; 2009, 3012; 2013, 2948)

      NRS 258.072  Accident reports and related materials: Provision upon receipt of reasonable fee; exceptions.  A constable shall, within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of an accident, or the person’s legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person, the person’s legal representative or insurer, as applicable, with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the constable’s office that concern the accident, unless:

      1.  The materials are privileged or confidential pursuant 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, 1052; A 2005, 702)

      NRS 258.075  Report of deaths to public administrator in certain counties.  In counties having a population of less than 100,000, every constable shall report immediately to the public administrator all deaths which the constable gains knowledge of in the performance of his or her duties.

      (Added to NRS by 1971, 508; A 1979, 525)

      NRS 258.080  Duties in new township.  When any constable, by the formation of a new township, shall be brought within the limits thereof, the constable shall continue to act as constable for such new township, and shall continue in office until the expiration of the term for which he or she was elected.

      [21:108:1866; B § 2619; BH § 1656; C § 1802; RL § 2785; NCL § 4785]

      NRS 258.090  Liability on bond: Tender of fees and indemnity bond.  No constable shall be liable for any damages for neglecting or refusing to serve any civil process, unless the constable’s legal fees (and an indemnifying bond in cases where the constable has doubts as to the ownership of the property sought to be levied upon or attached, if the same shall be required by the constable) are first tendered him or her.

      [17:38:1861; A 1935, 119; 1931 NCL § 2160]

      NRS 258.110  Unlawful failure to receive or arrest offender; penalty.  Unless, pursuant to subsection 2 of NRS 258.070, a constable is prohibited from making an arrest, any constable who willfully refuses to receive or arrest any person charged with a criminal offense is guilty of a gross misdemeanor and shall be removed from office.

      [Part 67:108:1866; B § 2665; BH § 1702; C § 1848; RL § 2820; NCL § 4820]—(NRS A 1967, 542; 2013, 2948)

      NRS 258.120  Purchasing judgment prohibited; penalty.  If any constable shall, directly or indirectly, purchase any judgment, or any part thereof, on the docket of any justice of the peace of the same township, the constable is guilty of a misdemeanor.

      [Part 68:108:1866; B § 2666; BH § 1703; C § 1849; RL § 2821; NCL § 4821]—(NRS A 1967, 542)

      NRS 258.125  Fees; expenses; accounting.

      1.  Constables are entitled to the following fees for their services:

 

For serving a summons or other process by which a suit is commenced in civil cases              $17

For summoning a jury before a justice of the peace............................................ 7

For taking a bond or undertaking............................................................................. 5

For serving an attachment against the property of a defendant........................ 9

For serving subpoenas, for each witness............................................................... 15

For a copy of any writ, process or order or other paper, when demanded or required by law, per folio                3

For drawing and executing every constable’s deed, to be paid by the grantee, who must also pay for the acknowledgment thereof.................................................................................................................. 20

For each certificate of sale of real property under execution............................. 5

For levying any writ of execution or writ of garnishment, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons................................. 9

For serving one notice required by law before the commencement of a proceeding for any type of eviction     26

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

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

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

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

But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

For each service in a summary eviction, except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution 21

For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper.............................................................................................................. 9

For each warrant lawfully executed...................................................................... 48

For mileage in serving summons, attachment, execution, order, venire, subpoena, notice, summary eviction, writ of restitution or other process in civil suits, for each mile necessarily and actually traveled, in going only         2

But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.

For mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpoena or other process in civil suits, for each mile necessarily and actually traveled, in going only            2

But mileage may not exceed $20 for any unsuccessful effort to serve such process.

 

      2.  A constable is also entitled to receive:

      (a) For receiving and taking care of property on execution, attachment or order, the constable’s actual necessary expenses, to be allowed by the court which issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.

      (b) For collecting all sums on execution or writ, to be charged against the defendant, on the first $3,500, 2 percent thereof, and on all amounts over that sum, one-half of 1 percent.

      (c) For service in criminal cases, except for execution of warrants, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.

      (d) For removing or causing the removal of, pursuant to NRS 487.230, a vehicle that has been abandoned on public property, $100.

      3.  Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the fifth working day of the month next succeeding the month in which the fees were collected.

      4.  Constables shall, on or before the fifth working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

      (Added to NRS by 1959, 610; A 1961, 685; 1973, 1642; 1975, 313; 1979, 1032; 1981, 365; 1985, 1009; 1987, 651; 1991, 408; 1993, 266; 2001, 3212; 2007,104; 2009, 3013)

      NRS 258.170  No other fees to be charged.  No other fees shall be charged by constables than those specifically set forth in this chapter, nor shall fees be charged for any other services than those mentioned in this chapter.

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

      NRS 258.180  Fee book.  Every constable shall keep in his or her office a fee book in which the constable shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book shall be open to public inspection.

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

      NRS 258.190  Quarterly financial statements.

      1.  In each calendar year, on the first Monday of January, April, July and October, the constables who receive fees under the provisions of this chapter shall make out and file with the boards of county commissioners of their several counties a full and correct statement under oath of all fees or compensation, of whatever nature or kind, received in their several official capacities during the preceding 3 months. In the statement they shall set forth the cause in which, and the services for which, such fees or compensation were received.

      2.  Nothing in this section shall be so construed as to require personal attendance in filing statements, which may be transmitted by mail 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 A 2013, 2949)

      NRS 258.200  Failure to comply with certain statutory requirements: Penalty.  Any constable who shall violate any of the provisions of NRS 258.170, 258.180 and 258.190 shall be fined not more than $1,000.

      [Part 21:49:1883; BH § 2362; C § 2486; RL § 2023; NCL § 2954]—(NRS A 1967, 542)

      NRS 258.205  Penalties for failure of constable to file report, oath or other document with county or Peace Officers’ Standards and Training Commission.  In addition to any fine imposed pursuant to NRS 258.200, a board of county commissioners may establish, by resolution or ordinance, penalties for the failure of the constable of a township in the county to file any report, oath or other document required by statute to be filed with the county or the Peace Officers’ Standards and Training Commission.

      (Added to NRS by 2013, 2947)

      NRS 258.210  Punishment for taking excessive fees.  If any constable shall take more or greater fees than are allowed by law, the constable shall be liable to indictment, and on conviction shall be removed from office and fined in any sum not exceeding $1,000.

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

      NRS 258.220  Table of fees to be posted; penalties.  Any constable receiving fees as provided by law shall publish and set up in some conspicuous place in his or her office a fee table for public inspection. A sum not exceeding $20 for each day of the constable’s omission so to do shall be forfeited, which sum with costs may be recovered by any person by an action before any justice of the peace of the same county.

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

      NRS 258.230  Fees payable in advance; execution.  Except with respect to the fees described in paragraphs (a) and (d) of subsection 2 of NRS 258.125, all fees prescribed in this chapter shall be payable in advance, if demanded. If a constable shall not have received any or all of his or her fees, which may be due the constable for services rendered by him or her in any suit or proceedings, the constable may have execution therefor in his or her 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 the justice of the peace or court upon affidavit filed.

      [Part 25:49:1883; BH § 2366; C § 2490; RL § 2027; NCL § 2958]—(NRS A 2007, 105; 2011, 1908)

      NRS 258.240  Limitation on mileage.  When any constable serves more than one process in the same cause, not requiring more than one journey from his or her office, the constable shall receive mileage only for the most distant service.

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