[Rev. 11/21/2013 10:17:56 AM--2013]

CHAPTER 238 - LEGAL NOTICES AND ADVERTISEMENTS

PUBLICATION

NRS 238.010           “Legal notice” and “legal advertisement” defined.

NRS 238.020           “Daily,” “triweekly,” “semiweekly,” “weekly” and “semimonthly” newspaper defined.

NRS 238.030           Publication of legal notice or advertisement only in qualified newspaper of general circulation; exceptions.

NRS 238.040           Second-class mailing permit required for qualification.

NRS 238.050           Newspapers equally competent as means for publication.

NRS 238.060           Publication of notice once each week for full period in qualified newspaper.

NRS 238.070           Rates and size of type for official advertising of State and counties; annual contracts for county printing and advertising.

NRS 238.080           Void legal notices and legal advertisements.

USE OF REGISTERED OR CERTIFIED MAIL

NRS 238.090           Authorized use of registered or certified mail in giving required notice.

USE OF MAIL FOR FILING AND PAYMENT

NRS 238.100           Date of postmark deemed date of filing or payment.

_________

PUBLICATION

      NRS 238.010  “Legal notice” and “legal advertisement” defined.  Any notice or other written matter whatsoever, required to be published in a newspaper by any law of this State, or by the order of any court of record in this State, shall be deemed and held to be a legal notice or advertisement within the meaning of NRS 238.010 to 238.080, inclusive.

      [1:60:1925; NCL § 4700]

      NRS 238.020  “Daily,” “triweekly,” “semiweekly,” “weekly” and “semimonthly” newspaper defined.

      1.  Every newspaper printed and published daily, or daily except Sundays and legal holidays, or which shall be printed and published on each of any 5 days in every week excepting legal holidays and including or excluding Sundays, shall be considered and held to be and to have been a daily newspaper within the meaning of NRS 238.010 to 238.080, inclusive.

      2.  Every newspaper printed and published at regular intervals three times each week shall be considered and held to be a triweekly newspaper within the meaning of NRS 238.010 to 238.080, inclusive.

      3.  Every newspaper printed and published at regular intervals twice each week shall be considered and held to be a semiweekly newspaper within the meaning of NRS 238.010 to 238.080, inclusive.

      4.  Every newspaper printed and published at regular intervals once each week shall be considered and held to be a weekly newspaper within the meaning of NRS 238.010 to 238.080, inclusive.

      5.  Every newspaper printed and published at regular intervals, two times each month, shall be considered a semimonthly newspaper within the meaning of NRS 238.010 to 238.080, inclusive.

      [2:60:1925; A 1943, 56; 1943 NCL § 4701]

      NRS 238.030  Publication of legal notice or advertisement only in qualified newspaper of general circulation; exceptions.

      1.  Any and all legal notices or advertisements shall be published only in a daily, a triweekly, a semiweekly, a semimonthly, or a weekly newspaper of general circulation and printed in whole or in part in the county in which the notice or advertisement is required to be published, which newspaper if published:

      (a) Triweekly, semiweekly, semimonthly, or weekly, shall have been so published in the county, continuously and uninterruptedly, during the period of at least 104 consecutive weeks next prior to the first issue thereof containing any such notice or advertisement.

      (b) Daily, shall have been so published in the county, uninterruptedly and continuously, during the period of at least 1 year next prior to the first issue thereof containing any such notice or advertisement.

      2.  The mere change in the name of any newspaper, or the removal of the principal business office or seat of publication of any newspaper from one place to another in the same county shall not break or affect the continuity in the publication of any such newspaper if the same is in fact continuously and uninterruptedly printed and published within the county as herein provided.

      3.  A newspaper shall not lose its rights as a legal publication if any of the following conditions maintain:

      (a) If by reason of a strike or other good cause it should suspend publication; but the period shall not exceed 30 days in any calendar year.

      (b) If by reason of generally recognized economic stress of a serious nature over which the publisher has no control it shall be necessary to suspend publication for a period not to exceed 2 years. The provisions of this paragraph shall apply only in the case of publications that have been operating continuously for a period of 5 years prior to such suspension. Any legal notice which fails of publication for the required number of insertions for such reason shall not be declared illegal if publication has been made in one issue of the publication and is resumed within a reasonable period.

      4.  If in any county in this State there shall not have been published therein any newspaper or newspapers for the prescribed period, at the time when any such notice or advertisement is required to be published, then such notice or advertisement may be published in any newspaper or newspapers having a general circulation and printed and published in whole or in part in the county.

      5.  The time limitations in subsection 1 do not apply to a newly established newspaper printed and published in:

      (a) An incorporated city if, at the time such newspaper is established, there is no other newspaper printed and published in such city.

      (b) A county if, at the time such newspaper is established, there is no other newspaper printed and published in such county.

      [3:60:1925; A 1931, 89; 1933, 192; 1941, 400; 1943, 56; 1943 NCL § 4702]—(NRS A 1960, 400)

      NRS 238.040  Second-class mailing permit required for qualification.  After December 31, 1954, no newspaper is competent as the means for the publication of any legal notice or advertisement unless the newspaper possesses and maintains in force a valid second-class mailing permit issued by the United States Postal Service.

      [Part 4:60:1925; A 1953, 309]—(NRS A 1987, 706)

      NRS 238.050  Newspapers equally competent as means for publication.  Except as otherwise provided by law in express terms or by necessary implication, daily newspapers, triweekly newspapers, semiweekly newspapers, semimonthly newspapers and weekly newspapers shall all be equally competent as the means for the publication of all legal notices and advertisements.

      [Part 4:60:1925; A 1953, 309]

      NRS 238.060  Publication of notice once each week for full period in qualified newspaper.  Whenever any notice is required by law to be given by publication, unless otherwise specified, such provision shall be satisfied by publishing the required notice at least once a week, consecutively, for not less than the full period of time so required in a qualified, legal and competent newspaper.

      [1:215:1949; 1943 NCL § 4704.01]

      NRS 238.070  Rates and size of type for official advertising of State and counties; annual contracts for county printing and advertising.

      1.  All advertising ordered or required by the State of Nevada or by the respective counties of the State must be paid for by the State or the county ordering or requiring the advertising at a rate that does not exceed:

      (a) The published open display rate for advertising, if the advertisement is placed in a daily or weekly newspaper with a circulation of 15,000 or less; or

      (b) The published rate for advertising by a nonprofit or charitable organization, if the advertisement is placed in a daily or weekly newspaper with a circulation of more than 15,000.

      2.  The type size for advertising ordered or required by the State of Nevada or a county must be no smaller than that used by the newspaper in the columns of classified advertisements.

      3.  Nothing contained in this section prohibits boards of county commissioners from entering into annual contracts for the entire official printing and advertising of their respective counties when a saving of public money will be effected thereby.

      [1:79:1897; A 1949, 154; 1943 NCL § 269]—(NRS A 1963, 453; 1971, 627; 1975, 1397; 1989, 572)

      NRS 238.080  Void legal notices and legal advertisements.  Any and every legal notice or advertisement published in a newspaper in violation of any of the provisions of NRS 238.010 to 238.080, inclusive, shall be absolutely void.

      [5:60:1925; NCL § 4704]

USE OF REGISTERED OR CERTIFIED MAIL

      NRS 238.090  Authorized use of registered or certified mail in giving required notice.  Any notice or other written matter required by law or the order of any court of record to be delivered by mail, with the receipt thereof to be acknowledged, may be given by either registered or certified mail.

      (Added to NRS by 1969, 95)

USE OF MAIL FOR FILING AND PAYMENT

      NRS 238.100  Date of postmark deemed date of filing or payment.

      1.  Except as provided in subsections 2 and 4, or by specific statute, any document or payment required or permitted by law or regulation to be filed or made by mailing to the State or any of its agencies or political subdivisions shall be deemed filed or made on the date of the postmark dated by the post office on the envelope in which it was mailed.

      2.  If a document or payment was mailed but not received by the addressee or was received but the postmarked date is illegible or omitted, the document or payment shall be deemed filed or made on the date it was mailed, if the sender:

      (a) Establishes by a postal receipt for registered or certified mail that the mailing date was on or before the required date for filing or payment; and

      (b) Where the document or payment was not received, files a duplicate of the contents of the envelope within 15 days after the sender becomes aware that it was not received.

      3.  For the purposes of this section, if the required date for filing or making payment is a Saturday, Sunday or legal holiday, the filing or payment is timely if performed on the next day which is not a Saturday, Sunday or legal holiday.

      4.  This section does not apply to the filing of documents pursuant to NRS 225.085 or title 24 of NRS.

      (Added to NRS by 1975, 751; A 1983, 1382; 2003, 1953)