[Rev. 6/29/2024 2:47:35 PM--2023]
GENERAL PROVISIONS
NRS 17.010 Judgments of Utah territorial courts validated.
NRS 17.020 Action against sheriff for official acts; notice to sureties.
NRS 17.025 Payment of judgment in favor of minor.
PARTIES NOT ORIGINALLY SUMMONED
NRS 17.030 Parties not summoned in action on joint obligation may be summoned after judgment.
NRS 17.040 Summons: Contents and service.
NRS 17.050 Affidavit to accompany summons.
NRS 17.060 Answer.
NRS 17.070 Written allegations.
NRS 17.080 Trial of issues; amount of judgment if verdict found against defendant.
BY CONFESSION
NRS 17.090 Judgment by confession for debt due or contingent liability.
NRS 17.100 Written statement made by defendant; form.
NRS 17.110 Filing of statement; endorsement by clerk; entry of judgment; judgment roll; costs.
COMPROMISE
NRS 17.117 Offer of judgment.
MANNER OF GIVING AND ENTERING
NRS 17.120 Replevin; judgment to be in alternative and with damages.
NRS 17.130 Computation of amount of judgment; interest.
NRS 17.140 Death of party after verdict or decision; court may render judgment; not to be lien on real property.
NRS 17.150 Docketing of judgments of state and federal courts; recording of transcripts, abstracts and copies of judgments; liens on real property; duration of liens; affidavit required of judgment creditor who records judgment or decree.
NRS 17.160 Docket defined; contents.
NRS 17.170 Dockets open for public inspection without charge.
NRS 17.190 Computation of costs in judgment; insertion by clerk.
SATISFACTION
NRS 17.200 Entry in docket.
RENEWAL
NRS 17.214 Filing and contents of affidavit; recording affidavit; notice to judgment debtor; successive affidavits.
CONTRIBUTION AMONG TORTFEASORS
NRS 17.225 Right to contribution.
NRS 17.235 Effect of judgment against one tortfeasor.
NRS 17.245 Effect of release or covenant not to sue.
NRS 17.255 Intentional tort bars right to contribution.
NRS 17.265 Certain rights of indemnity unimpaired.
NRS 17.275 Subrogation of insurer.
NRS 17.285 Enforcement of right of contribution.
NRS 17.295 Equitable shares.
NRS 17.305 Inapplicability to breach of fiduciary relationship.
ENFORCEMENT OF FOREIGN JUDGMENTS (UNIFORM ACT)
NRS 17.330 Short title.
NRS 17.340 “Foreign judgment” defined.
NRS 17.350 Filing and status of foreign judgments.
NRS 17.360 Affidavit; notice of filing judgment and affidavit.
NRS 17.370 Stay of enforcement of foreign judgment.
NRS 17.380 Fees.
NRS 17.390 Judgment creditor may bring action to enforce judgment.
NRS 17.400 Uniformity of interpretation.
FOREIGN-MONEY CLAIMS (UNIFORM ACT)
NRS 17.410 Short title; uniformity of application and construction.
NRS 17.420 Scope and applicability.
NRS 17.430 Definitions.
NRS 17.440 “Action” defined.
NRS 17.450 “Bank-offered spot rate” defined.
NRS 17.460 “Date of conversion” defined.
NRS 17.470 “Distributive proceeding” defined.
NRS 17.480 “Foreign money” defined.
NRS 17.490 “Foreign-money claim” defined.
NRS 17.500 “Money” defined.
NRS 17.510 “Money of the claim” defined.
NRS 17.520 “Person” defined.
NRS 17.530 “Rate of exchange” defined.
NRS 17.540 “Spot rate” defined.
NRS 17.550 “State” defined.
NRS 17.560 Variation by agreement.
NRS 17.570 Determining money of the claim.
NRS 17.580 Determining amount of money of certain contract claims.
NRS 17.590 Asserting and defending foreign-money claim.
NRS 17.600 Judgments and awards on foreign-money claims; times of money conversion; form of judgment.
NRS 17.610 Conversion of foreign money in distributive proceeding.
NRS 17.620 Prejudgment and judgment interest.
NRS 17.630 Enforcement of foreign judgments.
NRS 17.640 Determining United States dollar value of foreign-money claims for limited purposes.
NRS 17.650 Effect of currency revalorization.
NRS 17.660 Supplementary general principles of law.
RECOGNITION OF FOREIGN-COUNTRY MONEY JUDGMENTS (UNIFORM ACT)
NRS 17.700 Short title.
NRS 17.710 Definitions.
NRS 17.720 “Foreign country” defined.
NRS 17.730 “Foreign-country judgment” defined.
NRS 17.740 Applicability.
NRS 17.750 Standards for recognition of foreign-country judgment.
NRS 17.760 Personal jurisdiction.
NRS 17.770 Procedure for recognition of foreign-country judgment.
NRS 17.780 Effect of recognition of foreign-country judgment.
NRS 17.790 Stay of proceedings pending appeal of foreign-country judgment.
NRS 17.800 Statute of limitations.
NRS 17.810 Uniformity of interpretation.
NRS 17.820 Saving clause.
REGISTRATION OF CANADIAN MONEY JUDGMENTS (UNIFORM ACT)
NRS 17.900 Short title.
NRS 17.905 Definitions.
NRS 17.910 “Canada” defined.
NRS 17.915 “Canadian judgment” defined.
NRS 17.920 Applicability.
NRS 17.925 Registration of Canadian judgment.
NRS 17.930 Effect of registration.
NRS 17.935 Notice of registration.
NRS 17.940 Petition to vacate registration.
NRS 17.945 Stay of enforcement of judgment pending determination of petition.
NRS 17.950 Relationship to Uniform Foreign-Country Money Judgments Recognition Act.
NRS 17.955 Uniformity of application and construction.
_________
GENERAL PROVISIONS
NRS 17.010 Judgments of Utah territorial courts validated. No judgments of the courts of justice rendered in the Territory of Utah, prior to the organization of the Territory of Nevada, whereby property was acquired within any portion of the Territory of Nevada, shall be invalid for any informality, and no property or rights of property acquired under such judgments shall be declared invalid by reason of any irregularity in the proceedings.
[1:117:1864]
NRS 17.020 Action against sheriff for official acts; notice to sureties. If an action be brought against a sheriff for an act done by virtue of his or her office, and the sheriff gives written notice thereof to the sureties on any bond of indemnity received by the sheriff, the judgment recovered therein shall be conclusive evidence of the sheriff’s right to recover against such sureties, and the court or judge in vacation, may, on motion, upon notice of 5 days, order judgment to be entered up against them for the amount so recovered, including costs.
[1911 CPA § 300; RL § 5242; NCL § 8798]
NRS 17.025 Payment of judgment in favor of minor. Whenever a judgment for a sum of money is entered in favor of a minor, the court may:
1. Direct the money to be paid to either parent, or if the parents of the minor are living separate and apart, to the custodial parent, or if no custody award has been made, to the parent with whom the minor is living, or if a general guardian or guardian of the estate of the minor has been appointed, to the guardian, with or without the filing of any bond; or
2. Require a general guardian or guardian ad litem to be appointed and the money to be paid to the guardian or guardian ad litem with or without the filing of any bond,
Ê as in the discretion of the court seems to be in the best interests of the minor.
(Added to NRS by 1979, 392; A 1983, 15)
PARTIES NOT ORIGINALLY SUMMONED
NRS 17.030 Parties not summoned in action on joint obligation may be summoned after judgment. When a judgment is recovered against one or more of several persons jointly indebted upon an obligation, by proceedings as provided in NRS 14.060, those who were not originally served with the summons and did not appear to the action may be summoned to show cause why they should not be bound by the judgment in the same manner as though they had been originally served with the summons.
[1911 CPA § 301; RL § 5243; NCL § 8799]
NRS 17.040 Summons: Contents and service. The summons, as provided in NRS 17.030, shall describe the judgment, and require the person summoned to show cause why the person should not be bound by it, and shall be served in the same manner, and returnable within the same time, as the original summons. It shall not be necessary to file a new complaint.
[1911 CPA § 302; RL § 5244; NCL § 8800]
NRS 17.050 Affidavit to accompany summons. The summons shall be accompanied by an affidavit of the plaintiff or the plaintiff’s agent, representative or attorney, that the judgment, or some part thereof, remains unsatisfied, and shall specify the amount due thereon.
[1911 CPA § 303; RL § 5245; NCL § 8801]
NRS 17.060 Answer. Upon such summons, the defendant may answer within the time specified therein, denying the judgment or setting up any defense which may have arisen subsequently, or the defendant may deny his or her liability on the obligation upon which the judgment was recovered, except a discharge from such liability by the statute of limitations.
[1911 CPA § 304; RL § 5246; NCL § 8802]
NRS 17.070 Written allegations. If the defendant, in his or her answer, deny the judgment, or set up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer shall constitute the written allegations in the case. If the defendant deny his or her liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer shall constitute such written allegations.
[1911 CPA § 305; RL § 5247; NCL § 8803]
NRS 17.080 Trial of issues; amount of judgment if verdict found against defendant. The issues formed may be tried as in other cases, but when the defendant denies, in his or her answer, any liability on the obligation upon which the judgment was rendered, if a verdict be found against the defendant, it shall be for the amount remaining unsatisfied on such original judgment, with interest thereon.
[1911 CPA § 306; RL § 5248; NCL § 8804]
BY CONFESSION
NRS 17.090 Judgment by confession for debt due or contingent liability. Except as otherwise provided by law, a judgment by confession may be entered without action, either for money due or to become due or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this section and NRS 17.100 and 17.110.
[1911 CPA § 307; RL § 5249; NCL § 8805]—(NRS A 2015, 1369)
NRS 17.100 Written statement made by defendant; form. A statement in writing shall be made, signed by the defendant and verified by his or her oath, to the following effect:
1. It shall authorize the entry of judgment for a specified sum.
2. If it be money due, or to become due, it shall state concisely the facts out of which it arose, and shall show that the sum confessed therefor is justly due, or to become due.
3. If it be for the purpose of securing the plaintiff against a contingent liability, it shall state concisely the facts constituting the liability, and shall show that the sum confessed therefor does not exceed the same.
[1911 CPA § 308; RL § 5250; NCL § 8806]
NRS 17.110 Filing of statement; endorsement by clerk; entry of judgment; judgment roll; costs. The statement must be filed with the clerk of the court in which the judgment is to be entered. The clerk shall endorse upon it and enter in the judgment book a judgment of the court for the amount confessed, with $28 costs. The judgment and affidavit, with the judgment endorsed, thereupon become the judgment roll.
[1911 CPA § 309; RL § 5251; NCL § 8807]—(NRS A 1981, 1792; 1993, 1355; 2001, 3215)
COMPROMISE
1. At any time more than 21 days before trial, any party may serve an offer in writing to allow judgment to be taken in accordance with the terms and conditions of the offer. Unless otherwise specified, an offer made under this section is an offer to resolve all claims in the action between the parties to the date of the offer, including costs, expenses, interest and, if attorney’s fees are permitted by law or contract, attorney’s fees.
2. An apportioned offer of judgment to more than one party may be conditioned upon the acceptance by all parties to whom the offer is directed.
3. A joint offer may be made by multiple offerors.
4. An offer made to multiple defendants will invoke the penalties of this section only if:
(a) There is a single common theory of liability against all the offeree defendants, such as where the liability of some is entirely derivative of the others or where the liability of all is derivative of common acts by another; and
(b) The same entity, person or group is authorized to decide whether to settle the claims against the offerees.
5. An offer made to multiple plaintiffs will invoke the penalties of this section only if:
(a) The damages claimed by all the offeree plaintiffs are solely derivative, such as where the damages claimed by some offerees are entirely derivative of an injury to the others or where the damages claimed by all offerees are derivative of an injury to another; and
(b) The same entity, person or group is authorized to decide whether to settle the claims of the offerees.
6. Within 14 days after service of the offer, the offeree may accept the offer by serving written notice that the offer is accepted.
7. Within 21 days after service of written notice that the offer is accepted, the obligated party may pay the amount of the offer and obtain dismissal of the claims, rather than entry of a judgment.
8. If the claims are not dismissed, at any time after 21 days after service of written notice that the offer is accepted, either party may file the offer and notice of acceptance together with proof of service. The clerk must then enter judgment accordingly. The court must allow costs in accordance with NRS 18.110 unless the terms of the offer preclude a separate award of costs. Any judgment entered under this subsection must be expressly designated a compromise settlement.
9. If the offer is not accepted within 14 days after service, the offer will be considered rejected by the offeree and deemed withdrawn by the offeror. Evidence of the offer is not admissible except in a proceeding to determine costs, expenses and fees. The fact that an offer is made but not accepted does not preclude a subsequent offer. With offers to multiple offerees, each offeree may serve a separate acceptance of the apportioned offer, but if the offer is not accepted by all offerees, the action will proceed as to all offerees. Any offeree who fails to accept the offer may be subject to the penalties of this section.
10. If the offeree rejects an offer and fails to obtain a more favorable judgment:
(a) The offeree may not recover any costs, expenses or attorney’s fees and may not recover interest for the period after the service of the offer and before the judgment; and
(b) The offeree must pay the offeror’s post-offer costs and expenses, including a reasonable sum to cover any expenses incurred by the offeror for each expert witness whose services were reasonably necessary to prepare for and conduct the trial of the case, applicable interest on the judgment from the time of the offer to the time of the entry of the judgment and reasonable attorney’s fees, if any allowed, actually incurred by the offeror from the time of the offer. If the offeror’s attorney is collecting a contingent fee, the amount of any attorney’s fees awarded to the party for whom the offer is made must be deducted from that contingency fee.
11. The penalties in this section run from the date of service of the earliest rejected offer for which the offeree failed to obtain a more favorable judgment.
12. To invoke the penalties of this section, the court must determine if the offeree failed to obtain a more favorable judgment. If the offer provided that costs, expenses, interests and, if attorney’s fees are permitted by law or contract, attorney’s fees would be added by the court, the court must compare the amount of the offer with the principal amount of the judgment, without inclusion of costs, expenses, interest and, if attorney’s fees are permitted by law or contract, attorney’s fees. If a party made an offer in a set amount that precluded a separate award of costs, expenses, interest and, if attorney’s fees are permitted by law or contract, attorney’s fees, the court must compare the amount of the offer, together with the offeree’s pre-offer taxable costs, expenses, interest and, if attorney’s fees are permitted by law or contract, attorney’s fees with the principal amount of the judgment.
13. When the liability of one party to another has been determined by verdict, order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which has the same effect as an offer made before trial if it is served within a reasonable time not less than 14 days before the commencement of hearings to determine the amount or extent of liability.
(Added to NRS by 2019, 274)
MANNER OF GIVING AND ENTERING
NRS 17.120 Replevin; judgment to be in alternative and with damages.
1. In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention or the value of the use thereof. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same or the value of the use thereof.
2. In an action on a contract or obligation for the direct payment of money, payable in a specified or agreed kind of money or currency, judgment for the plaintiff, whether the same be by default or after verdict, or decision of the court or master, may follow the contract or obligation, and be made payable in the kind of money or currency therein specified or thereby agreed.
3. In an action against any person for the recovery of money received by such person in a fiduciary capacity, or to the use of another, judgment for the plaintiff, whether the same be by default or after verdict, or decision of the court or master, may be made payable in the same kind of money or currency so received by such person.
[1911 CPA § 327; RL § 5269; NCL § 8825]
NRS 17.130 Computation of amount of judgment; interest.
1. In all judgments and decrees, rendered by any court of justice, for any debt, damages or costs, and in all executions issued thereon, the amount must be computed, as near as may be, in dollars and cents, rejecting smaller fractions, and no judgment, or other proceedings, may be considered erroneous for that omission.
2. When no rate of interest is provided by contract or otherwise by law, or specified in the judgment, the judgment draws interest from the time of service of the summons and complaint until satisfied, except for any amount representing future damages, which draws interest only from the time of the entry of the judgment until satisfied, at a rate equal to the prime rate at the largest bank in Nevada as ascertained by the Commissioner of Financial Institutions on January 1 or July 1, as the case may be, immediately preceding the date of judgment, plus 2 percent. The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.
[1911 CPA § 329; RL § 5271; NCL § 8827]—(NRS A 1979, 830; 1981, 1858; 1987, 940)
NRS 17.140 Death of party after verdict or decision; court may render judgment; not to be lien on real property. If a party dies after a verdict or decision upon any issue of fact, and before judgment, the court may nevertheless render judgment thereon. Such judgment shall not be a lien on the real property of the deceased party, but shall be payable in the course of administration on the deceased party’s estate.
[1911 CPA § 330; RL § 5272; NCL § 8828]
NRS 17.150 Docketing of judgments of state and federal courts; recording of transcripts, abstracts and copies of judgments; liens on real property; duration of liens; affidavit required of judgment creditor who records judgment or decree.
1. Immediately after filing a judgment roll, the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by the clerk, noting thereon the hour and minutes of the day of such entries.
2. A transcript of the original docket or an abstract or copy of any judgment or decree of a district court of the State of Nevada or the District Court or other court of the United States in and for the District of Nevada, the enforcement of which has not been stayed on appeal, certified by the clerk of the court where the judgment or decree was rendered, may be recorded in the office of the county recorder in any county, and when so recorded it becomes a lien upon all the real property of the judgment debtor not exempt from execution in that county, owned by the judgment debtor at the time, or which the judgment debtor may afterward acquire, until the lien expires. Except as otherwise provided in NRS 484A.7047, the lien continues for 6 years after the date the judgment or decree was docketed, and is continued each time the judgment or decree is renewed, unless:
(a) The enforcement of the judgment or decree is stayed on appeal by the execution of a sufficient undertaking as provided in the Nevada Rules of Appellate Procedure or by the Statutes of the United States, in which case the lien of the judgment or decree and any lien by virtue of an attachment that has been issued and levied in the actions ceases;
(b) The judgment is for arrearages in the payment of child support, in which case the lien continues until the judgment is satisfied;
(c) The judgment is satisfied; or
(d) The lien is otherwise discharged.
Ê The time during which the execution of the judgment is suspended by appeal, action of the court or defendant must not be counted in computing the time of expiration.
3. The abstract described in subsection 2 must contain the:
(a) Title of the court and the title and number of the action;
(b) Date of entry of the judgment or decree;
(c) Names of the judgment debtor and judgment creditor;
(d) Amount of the judgment or decree; and
(e) Location where the judgment or decree is entered in the minutes or judgment docket.
4. In addition to recording the information described in subsection 2, a judgment creditor who records a judgment or decree for the purpose of creating a lien upon the real property of the judgment debtor pursuant to subsection 2 shall record at that time an affidavit of judgment stating:
(a) The name and address of the judgment debtor;
(b) If the judgment debtor is a natural person:
(1) The last four digits of the judgment debtor’s driver’s license number or identification card number and the state of issuance; or
(2) The last four digits of the judgment debtor’s social security number;
(c) If the lien is against real property which the judgment debtor owns at the time the affidavit of judgment is recorded, the assessor’s parcel number and the address of the real property and a statement that the judgment creditor has confirmed that the judgment debtor is the legal owner of that real property; and
(d) If a manufactured home or mobile home is included within the lien, the location and serial number of the manufactured home or mobile home and a statement that the judgment creditor has confirmed that the judgment debtor is the legal owner of the manufactured home or mobile home.
Ê All information included in an affidavit of judgment recorded pursuant to this subsection must be based on the personal knowledge of the affiant, and not upon information and belief.
5. As used in this section:
(a) “Manufactured home” has the meaning ascribed to it in NRS 489.113.
(b) “Mobile home” has the meaning ascribed to it in NRS 489.120.
[1911 CPA § 332; A 1925, 220; 1943, 88; 1943 NCL § 8830]—(NRS A 1965, 648; 1967, 948; 1969, 41; 1989, 585; 1993, 541; 1995, 1524; 2007, 1313; 2011, 2408; 2021, 3349)
NRS 17.160 Docket defined; contents. The docket mentioned in NRS 17.150 is a book which the clerk shall keep in his or her office, with each page divided into columns: Judgment debtors; judgment creditors; judgment; time of entry; appeals; when taken; judgment of appellate court; satisfaction of judgment; when entered. If judgment be for the recovery of money or damages, the amount shall be stated in the docket under the head of judgment; if the judgment be for any other relief, a memorandum of the general character of the relief granted shall be stated. The names of the judgment debtors shall be entered in the docket in alphabetical order.
[1911 CPA § 333; RL § 5275; NCL § 8831]—(NRS A 1965, 248)
NRS 17.170 Dockets open for public inspection without charge. The docket kept by the clerk shall be open at all times during office hours for the inspection of the public without charge. The clerk shall arrange the several dockets kept by the clerk in such a manner as to facilitate their inspection.
[1911 CPA § 334; RL § 5276; NCL § 8832]
NRS 17.190 Computation of costs in judgment; insertion by clerk.
1. Included in any judgment filed shall be a computation of the costs, if they have been ascertained. The clerk shall insert a computation of the costs in the copies and docket of the judgment.
2. If costs are not ascertained or included in the judgment at the time of entry, the clerk shall, within 2 days after costs are ascertained, insert the same in a blank left in the judgment for that purpose and shall make a similar insertion of costs in the copies and docket of the judgment.
[1911 CPA § 336; A 1955, 83]—(NRS A 1959, 25)
SATISFACTION
NRS 17.200 Entry in docket. Satisfaction of a judgment may be entered in the clerk’s docket if an execution is returned satisfied, and if an acknowledgment of satisfaction is filed with the clerk, made in the manner of an acknowledgment of a conveyance of real property, by the judgment creditor, or by the attorney, unless a revocation of the attorney’s authority is previously filed. Whenever a judgment is satisfied in fact, the party or attorney shall give such an acknowledgment, and the party who has satisfied the judgment may move the court to compel it or to order the clerk to enter the satisfaction in the docket of judgment.
[1911 CPA § 337; RL § 5279; NCL § 8835]—(NRS A 1983, 260)
RENEWAL
NRS 17.214 Filing and contents of affidavit; recording affidavit; notice to judgment debtor; successive affidavits.
1. Except as otherwise provided in NRS 484A.7047, a judgment creditor or a judgment creditor’s successor in interest may renew a judgment which has not been paid by:
(a) Filing an affidavit with the clerk of the court where the judgment is entered and docketed, within 90 days before the date the judgment expires by limitation. The affidavit must be titled as an “Affidavit of Renewal of Judgment” and must specify:
(1) The names of the parties and the name of the judgment creditor’s successor in interest, if any, and the source and succession of his or her title;
(2) If the judgment is recorded, the name of the county and the document number or the number and the page of the book in which it is recorded;
(3) The date and the amount of the judgment and the number and page of the docket in which it is entered;
(4) Whether there is an outstanding writ of execution for enforcement of the judgment;
(5) The date and amount of any payment on the judgment;
(6) Whether there are any setoffs or counterclaims in favor of the judgment debtor and the amount or, if a setoff or counterclaim is unsettled or undetermined it will be allowed as payment or credit on the judgment;
(7) The exact amount due on the judgment;
(8) If the judgment was docketed by the clerk of the court upon a certified copy from any other court, and an abstract recorded with the county clerk, the name of each county in which the transcript has been docketed and the abstract recorded; and
(9) Any other fact or circumstance necessary to a complete disclosure of the exact condition of the judgment.
Ê All information in the affidavit must be based on the personal knowledge of the affiant, and not upon information and belief.
(b) If the judgment is recorded, recording the affidavit of renewal in the office of the county recorder in which the original judgment is filed within 3 days after the affidavit of renewal is filed pursuant to paragraph (a).
2. The filing of the affidavit renews the judgment to the extent of the amount shown due in the affidavit.
3. The judgment creditor or the judgment creditor’s successor in interest shall notify the judgment debtor of the renewal of the judgment by sending a copy of the affidavit of renewal by certified mail, return receipt requested, to the judgment debtor at his or her last known address within 3 days after filing the affidavit.
4. Successive affidavits for renewal may be filed within 90 days before the preceding renewal of the judgment expires by limitation.
(Added to NRS by 1985, 699; A 1995, 1525; 2011, 2409; 2021, 3350)
CONTRIBUTION AMONG TORTFEASORS
NRS 17.225 Right to contribution.
1. Except as otherwise provided in this section and NRS 17.235 to 17.305, inclusive, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.
2. The right of contribution exists only in favor of a tortfeasor who has paid more than his or her equitable share of the common liability, and the tortfeasor’s total recovery is limited to the amount paid by the tortfeasor in excess of his or her equitable share. No tortfeasor is compelled to make contribution beyond his or her own equitable share of the entire liability.
3. A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.
(Added to NRS by 1973, 1303; A 1979, 1355)
NRS 17.235 Effect of judgment against one tortfeasor. The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.
(Added to NRS by 1973, 1303)
NRS 17.245 Effect of release or covenant not to sue.
1. When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:
(a) It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide, but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and
(b) It discharges the tortfeasor to whom it is given from all liability for contribution and for equitable indemnity to any other tortfeasor.
2. As used in this section, “equitable indemnity” means a right of indemnity that is created by the court rather than expressly provided for in a written agreement.
(Added to NRS by 1973, 1303; A 1997, 438)
NRS 17.255 Intentional tort bars right to contribution. There is no right of contribution in favor of any tortfeasor who has intentionally caused or contributed to the injury or wrongful death.
(Added to NRS by 1973, 1303)
NRS 17.265 Certain rights of indemnity unimpaired. Except as otherwise provided in NRS 17.245, the provisions of NRS 17.225 to 17.305, inclusive, do not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his or her indemnity obligation.
(Added to NRS by 1973, 1303; A 1979, 1356; 1997, 438)
NRS 17.275 Subrogation of insurer. A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor’s right of contribution to the extent of the amount it has paid in excess of the tortfeasor’s equitable share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship.
(Added to NRS by 1973, 1304; A 1979, 1356)
NRS 17.285 Enforcement of right of contribution.
1. Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.
2. Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.
3. If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by the tortfeasor to enforce contribution must be commenced within 1 year after the judgment has become final by lapse of time for appeal or after appellate review.
4. If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, the tortfeasor’s right of contribution is barred unless the tortfeasor has:
(a) Discharged by payment the common liability within the statute of limitations period applicable to claimant’s right of action against him or her and has commenced an action for contribution within 1 year after payment; or
(b) Agreed while action is pending against him or her to discharge the common liability and has within 1 year after the agreement paid the liability and commenced an action for contribution.
5. The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution.
(Added to NRS by 1973, 1304)
NRS 17.295 Equitable shares. In determining the equitable shares of tortfeasors in the entire liability:
1. If equity requires, the collective liability of some as a group constitutes a single share; and
2. Principles of equity applicable to contribution generally apply.
(Added to NRS by 1973, 1304; A 1979, 1356)
NRS 17.305 Inapplicability to breach of fiduciary relationship. NRS 17.225 to 17.305, inclusive, do not apply to breaches of trust or of other fiduciary obligation.
(Added to NRS by 1973, 1304; A 1979, 1356)
ENFORCEMENT OF FOREIGN JUDGMENTS (UNIFORM ACT)
NRS 17.330 Short title. NRS 17.330 to 17.400, inclusive, may be cited as the Uniform Enforcement of Foreign Judgments Act.
(Added to NRS by 1979, 1496)
NRS 17.340 “Foreign judgment” defined. As used in NRS 17.330 to 17.400, inclusive, unless the context otherwise requires, “foreign judgment” means any judgment of a court of the United States or of any other court which is entitled to full faith and credit in this state, except:
1. A judgment to which chapter 130 of NRS applies; and
2. An order for protection issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders.
(Added to NRS by 1979, 1496; A 1997, 2268; 2001, 2132)
NRS 17.350 Filing and status of foreign judgments. An exemplified copy of any foreign judgment may be filed with the clerk of any district court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the district court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a district court of this state and may be enforced or satisfied in like manner.
(Added to NRS by 1979, 1496)
NRS 17.360 Affidavit; notice of filing judgment and affidavit.
1. At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor’s attorney shall file with the clerk of the court an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor. The affidavit must also include a statement that the foreign judgment is valid and enforceable, and the extent to which it has been satisfied.
2. Promptly upon filing the foreign judgment and affidavit, the judgment creditor or someone on behalf of the judgment creditor shall mail notice of the filing of the judgment and affidavit, attaching a copy of each to the notice, to the judgment debtor and to the judgment debtor’s attorney of record, if any, each at his or her last known address by certified mail, return receipt requested. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s attorney, if any, in this state. The judgment creditor shall file with the clerk of the court an affidavit setting forth the date upon which the notice was mailed.
3. No execution or other process for enforcement of a foreign judgment may issue until 30 days after the date of mailing the notice of filing.
(Added to NRS by 1979, 1496)
NRS 17.370 Stay of enforcement of foreign judgment.
1. If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
2. If the judgment debtor shows the court any ground upon which enforcement of a judgment of any court of this state would be stayed, including, without limitation, a showing that an appeal is pending or will be taken, that a stay has been granted, requested or will be requested, or that the time for taking an appeal has not yet expired, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state, including, without limitation, security determined pursuant to NRS 20.035 or 20.037, if applicable.
(Added to NRS by 1979, 1497; A 2001, 1006; 2015, 1520)
NRS 17.380 Fees. Any person filing a foreign judgment shall pay to the clerk of the court the same filing fee as prescribed by statute for the filing of civil actions. Fees for enforcement proceedings are the same as provided for judgments of district courts of this state.
(Added to NRS by 1979, 1497)
NRS 17.390 Judgment creditor may bring action to enforce judgment. A judgment creditor may elect to bring an action to enforce his or her judgment instead of proceeding under NRS 17.330 to 17.400, inclusive.
(Added to NRS by 1979, 1497; A 1985, 37)
NRS 17.400 Uniformity of interpretation. NRS 17.330 to 17.400, inclusive, shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
(Added to NRS by 1979, 1497)
FOREIGN-MONEY CLAIMS (UNIFORM ACT)
NRS 17.410 Short title; uniformity of application and construction.
1. NRS 17.410 to 17.660, inclusive, may be cited as the Uniform Foreign-Money Claims Act.
2. These sections must be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of these sections among states enacting them.
(Added to NRS by 1993, 193)
NRS 17.420 Scope and applicability.
1. NRS 17.410 to 17.660, inclusive, apply only to a foreign-money claim in an action or distributive proceeding.
2. NRS 17.410 to 17.660, inclusive, apply to foreign-money issues even if other law applies to other issues in the action or distributive proceeding under the rules of this state governing the conflict of laws.
3. NRS 17.410 to 17.660, inclusive, apply to actions and distributive proceedings commenced after January 1, 1994.
(Added to NRS by 1993, 194)
NRS 17.430 Definitions. As used in NRS 17.410 to 17.660, inclusive, unless the context otherwise requires, the words and terms defined in NRS 17.440 to 17.550, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1993, 194)
NRS 17.440 “Action” defined. “Action” means a judicial proceeding or an arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.
(Added to NRS by 1993, 194)
NRS 17.450 “Bank-offered spot rate” defined. “Bank-offered spot rate” means the spot rate of exchange at which a bank will sell foreign money at a spot rate.
(Added to NRS by 1993, 194)
NRS 17.460 “Date of conversion” defined. “Date of conversion” means the banking day next preceding the date on which money, in accordance with NRS 17.410 to 17.660, inclusive, is:
1. Paid to a claimant in an action or distributive proceeding;
2. Paid to the officer designated by law to enforce a judgment or award on behalf of a claimant; or
3. Used to recoup, set off or counterclaim in different moneys in an action or distributive proceeding.
(Added to NRS by 1993, 194)
NRS 17.470 “Distributive proceeding” defined. “Distributive proceeding” means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity and the distribution of an estate, trust or other fund.
(Added to NRS by 1993, 194)
NRS 17.480 “Foreign money” defined. “Foreign money” means money other than money of the United States of America.
(Added to NRS by 1993, 194)
NRS 17.490 “Foreign-money claim” defined. “Foreign-money claim” means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money.
(Added to NRS by 1993, 194)
NRS 17.500 “Money” defined. “Money” means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.
(Added to NRS by 1993, 194)
NRS 17.510 “Money of the claim” defined. “Money of the claim” means the money determined as proper pursuant to NRS 17.570.
(Added to NRS by 1993, 194)
NRS 17.520 “Person” defined. “Person” includes two or more persons having a joint or common interest.
(Added to NRS by 1993, 194)
NRS 17.530 “Rate of exchange” defined. “Rate of exchange” means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim.
(Added to NRS by 1993, 194)
NRS 17.540 “Spot rate” defined. “Spot rate” means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next-day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding 2 days.
(Added to NRS by 1993, 195)
NRS 17.550 “State” defined. “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States.
(Added to NRS by 1993, 195)
NRS 17.560 Variation by agreement.
1. The effect of NRS 17.410 to 17.660, inclusive, may be varied by agreement of the parties made before or after commencement of an action or distributive proceeding or the entry of judgment.
2. Parties to the transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction.
(Added to NRS by 1993, 195)
NRS 17.570 Determining money of the claim.
1. The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.
2. If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:
(a) Regularly used between the parties as a matter of usage or course of dealing;
(b) Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
(c) In which the loss was ultimately felt or will be incurred by the party claimant.
(Added to NRS by 1993, 195)
NRS 17.580 Determining amount of money of certain contract claims.
1. If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the date of conversion.
2. If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding 30 days. Thereafter, conversion is made at the bank-offered spot rate on the date of conversion.
3. A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor’s obligation to be paid on the debtor’s money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.
(Added to NRS by 1993, 195)
NRS 17.590 Asserting and defending foreign-money claim.
1. A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
2. An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
3. A person may assert a defense, set-off, recoupment or counterclaim in any money without regard to the money of other claims.
4. The determination of the proper money of the claim is a question of law.
(Added to NRS by 1993, 195)
NRS 17.600 Judgments and awards on foreign-money claims; times of money conversion; form of judgment.
1. Except as otherwise provided in subsection 3, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim.
2. A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the date of conversion at a bank-offered spot rate.
3. Assessed costs must be entered in United States dollars.
4. Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the date of conversion for that payment.
5. A judgment or award made in an action or distributive proceeding on both a defense, set-off, recoupment or counterclaim and the adverse party’s claim must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used.
6. A judgment substantially in the following form complies with subsection 1:
IT IS ORDERED AND ADJUDGED that the plaintiff .................... (insert name) .................... recover of the defendant .................... (insert name) .................... the sum of .......... (insert amount in the foreign money) .......... plus interest on that sum at the rate of .......... (insert rate—see NRS 17.620) .......... percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the .......... (insert name of foreign money) .......... with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of .......... (insert amount) .......... United States dollars.
7. If a contract claim is of the type covered by subsection 1 or 2 of NRS 17.580, the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the date of conversion at a bank-offered spot rate.
8. A judgment must be filed and indexed in foreign money in the same manner, and has the same effect as a lien, as other judgments. It may be discharged by payment.
(Added to NRS by 1993, 196)
NRS 17.610 Conversion of foreign money in distributive proceeding. The rate of exchange prevailing at or near the close of business on the day the distributive proceeding is initiated governs all exchanges of foreign money in a distributive proceeding. A foreign-money claimant in a distributive proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.
(Added to NRS by 1993, 196)
NRS 17.620 Prejudgment and judgment interest.
1. With respect to a foreign-money claim, recovery of prejudgment or pre-award interest and the rate of interest to be applied in the action or distributive proceeding, except as otherwise provided in subsection 2, are matters of the substantive law governing the right to recovery under the rules of this state governing the conflict of laws.
2. The court or arbitrator shall increase or decrease the amount of prejudgment or pre-award interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.
3. A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state.
(Added to NRS by 1993, 197)
NRS 17.630 Enforcement of foreign judgments.
1. If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in NRS 17.600, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.
2. A foreign judgment may be filed in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.
3. A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.
4. A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only.
(Added to NRS by 1993, 197)
NRS 17.640 Determining United States dollar value of foreign-money claims for limited purposes.
1. Computations under this section are for the limited purposes of the section and do not affect computation of the equivalent in United States dollars of the money of the judgment for the purpose of payment.
2. For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking must be ascertained as provided in subsections 3 and 4.
3. A party seeking process, costs, bond or other undertaking under subsection 2 shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.
4. A party seeking the process, costs, bond or other undertaking under subsection 2 shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officers incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
(Added to NRS by 1993, 197)
NRS 17.650 Effect of currency revalorization.
1. If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss must be treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
2. If substitution under subsection 1 occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.
(Added to NRS by 1993, 198)
NRS 17.660 Supplementary general principles of law. Unless displaced by particular provisions of NRS 17.410 to 17.660, inclusive, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating causes supplement the provisions of those sections.
(Added to NRS by 1993, 198)
RECOGNITION OF FOREIGN-COUNTRY MONEY JUDGMENTS (UNIFORM ACT)
NRS 17.700 Short title. NRS 17.700 to 17.820, inclusive, may be cited as the Uniform Foreign-Country Money Judgments Recognition Act.
(Added to NRS by 2007, 147)
NRS 17.710 Definitions. As used in NRS 17.700 to 17.820, inclusive, unless the context otherwise requires, the words and terms defined in NRS 17.720 and 17.730 have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 147)
NRS 17.720 “Foreign country” defined. “Foreign country” means a government other than:
1. The United States;
2. A state, district, commonwealth, territory or insular possession of the United States; or
3. Any other government with regard to which the decision in this State as to whether to recognize a judgment of that government’s courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
(Added to NRS by 2007, 147)
NRS 17.730 “Foreign-country judgment” defined. “Foreign-country judgment” means a judgment of a court of a foreign country.
(Added to NRS by 2007, 147)
1. Except as otherwise provided in subsection 2, NRS 17.700 to 17.820, inclusive, apply to a foreign-country judgment to the extent that the judgment:
(a) Grants or denies recovery of a sum of money; and
(b) Under the law of the foreign country where rendered, is final, conclusive and enforceable.
2. NRS 17.700 to 17.820, inclusive, do not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
(a) A judgment for taxes;
(b) A fine or other penalty; or
(c) A judgment for divorce, support or maintenance or other judgment rendered in connection with domestic relations.
3. A party seeking recognition of a foreign-country judgment has the burden of establishing that NRS 17.700 to 17.820, inclusive, apply to the foreign-country judgment.
(Added to NRS by 2007, 147)
NRS 17.750 Standards for recognition of foreign-country judgment.
1. Except as otherwise provided in subsections 2 and 3, a court of this State shall recognize a foreign-country judgment to which NRS 17.700 to 17.820, inclusive, apply.
2. A court of this State may not recognize a foreign-country judgment if:
(a) The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(b) The foreign court did not have personal jurisdiction over the defendant; or
(c) The foreign court did not have jurisdiction over the subject matter.
3. A court of this State need not recognize a foreign-country judgment if:
(a) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(b) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
(c) The judgment or the cause of action on which the judgment is based is repugnant to the public policy of this State or of the United States;
(d) The judgment conflicts with another final and conclusive judgment;
(e) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
(f) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(g) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
(h) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
4. A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection 2 or 3 exists.
(Added to NRS by 2007, 148)
NRS 17.760 Personal jurisdiction.
1. A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
(a) The defendant was served with process personally in the foreign country;
(b) The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(c) The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(d) The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;
(e) The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or
(f) The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.
2. The list of bases for personal jurisdiction in subsection 1 is not exclusive. The courts of this State may recognize bases of personal jurisdiction other than those listed in subsection 1 as sufficient to support a foreign-country judgment.
(Added to NRS by 2007, 148)
NRS 17.770 Procedure for recognition of foreign-country judgment.
1. If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.
2. If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim or affirmative defense.
(Added to NRS by 2007, 149)
NRS 17.780 Effect of recognition of foreign-country judgment. If the court in a proceeding under NRS 17.770 finds that the foreign-country judgment is entitled to recognition under NRS 17.700 to 17.820, inclusive, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
1. Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this State would be conclusive; and
2. Enforceable in the same manner and to the same extent as a judgment rendered in this State.
(Added to NRS by 2007, 149)
NRS 17.790 Stay of proceedings pending appeal of foreign-country judgment. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
(Added to NRS by 2007, 149)
NRS 17.800 Statute of limitations. An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effective in the foreign country.
(Added to NRS by 2007, 149)
NRS 17.810 Uniformity of interpretation. In applying and construing the Uniform Foreign-Country Money Judgments Recognition Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Added to NRS by 2007, 149)
NRS 17.820 Saving clause. NRS 17.700 to 17.820, inclusive, do not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of NRS 17.700 to 17.820, inclusive.
(Added to NRS by 2007, 149)
REGISTRATION OF CANADIAN MONEY JUDGMENTS (UNIFORM ACT)
NRS 17.900 Short title. NRS 17.900 to 17.955, inclusive, may be cited as the Uniform Registration of Canadian Money Judgments Act.
(Added to NRS by 2021, 509)
NRS 17.905 Definitions. As used in NRS 17.900 to 17.955, inclusive, unless the context otherwise requires, the words and terms defined in NRS 17.910 and 17.915 have the meanings ascribed to them in those sections.
(Added to NRS by 2021, 509)
NRS 17.910 “Canada” defined. “Canada” means the sovereign nation of Canada and its provinces and territories. “Canadian” has a corresponding meaning.
(Added to NRS by 2021, 509)
NRS 17.915 “Canadian judgment” defined. “Canadian judgment” means a judgment of a court of Canada, other than a judgment that recognizes the judgment of another foreign country.
(Added to NRS by 2021, 509)
1. NRS 17.900 to 17.955, inclusive, apply to a Canadian judgment to the extent the judgment is within the scope of NRS 17.740, if recognition of the judgment is sought to enforce the judgment.
2. A Canadian judgment that grants both recovery of a sum of money and other relief may be registered under NRS 17.900 to 17.955, inclusive, but only to the extent of the grant of recovery of a sum of money.
3. A Canadian judgment regarding subject matter both within and not within the scope of NRS 17.900 to 17.955, inclusive, may be registered under NRS 17.900 to 17.955, inclusive, but only to the extent the judgment is with regard to subject matter within the scope of NRS 17.900 to 17.955, inclusive.
(Added to NRS by 2021, 510)
NRS 17.925 Registration of Canadian judgment.
1. A person seeking recognition of a Canadian judgment described in NRS 17.920 to enforce the judgment may register the judgment in the office of the clerk of a court in which an action for recognition of the judgment could be filed under NRS 17.770.
2. A registration under subsection 1 must be executed by the person registering the judgment or the person’s attorney and include:
(a) A copy of the Canadian judgment authenticated in the same manner as a copy of a foreign judgment is authenticated in an action under NRS 17.770 as an accurate copy by the court that entered the judgment;
(b) The name and address of the person registering the judgment;
(c) If the person registering the judgment is not the person in whose favor the judgment was rendered, a statement describing the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement;
(d) The name and last known address of the person against whom the judgment is being registered;
(e) If the judgment is of the type described in subsection 2 or 3 of NRS 17.920, a description of the part of the judgment being registered;
(f) The amount of the judgment or part of the judgment being registered, identifying:
(1) The amount of interest accrued as of the date of registration on the judgment or part of the judgment being registered, the rate of interest, the part of the judgment to which interest applies and the date when interest began to accrue;
(2) Costs and expenses included in the judgment or part of the judgment being registered, other than an amount awarded for attorney’s fees; and
(3) The amount of an award of attorney’s fees included in the judgment or part of the judgment being registered;
(g) The amount, as of the date of registration, of postjudgment costs, expenses, and attorney’s fees claimed by the person registering the judgment or part of the judgment;
(h) The amount of the judgment or part of the judgment being registered which has been satisfied as of the date of registration;
(i) A statement that:
(1) The judgment is final, conclusive and enforceable under the law of the Canadian jurisdiction in which it was rendered;
(2) The judgment or part of the judgment being registered is within the scope of NRS 17.900 to 17.955, inclusive; and
(3) If a part of the judgment is being registered, the amounts stated in the registration under paragraphs (f), (g) and (h) relate to the part;
(j) If the judgment is not in English, a certified translation of the judgment into English; and
(k) A registration fee in an amount equal to the fee for filing an action for recognition of a judgment pursuant to NRS 17.700 to 17.820, inclusive.
3. On receipt of a registration that includes the documents, information and registration fee required by subsection 2, the clerk shall file the registration, assign a docket number and enter the Canadian judgment in the court’s docket.
4. A registration substantially in the following form complies with the registration requirements under subsection 2 if the registration includes the attachments specified in the form:
REGISTRATION OF CANADIAN MONEY JUDGMENT
Complete and file this form, together with the documents required by Part V of this form, with the clerk of court. When stating an amount of money, identify the currency in which the amount is stated.
PART I. IDENTIFICATION OF CANADIAN JUDGMENT
Canadian Court Rendering the Judgment: .........................................................
Case/Docket Number in Canadian Court: .........................................................
Name of Plaintiff(s): .............................................................................................
Name of Defendant(s): ..........................................................................................
The Canadian Court entered the judgment on .................... [Date] in ....................... [City] in .................................. [Province or Territory]. The judgment includes an award for the payment of money in favor of ....................................... in the amount of ............................ . If only part of the Canadian judgment is subject to registration (see subsections 2 and 3 of NRS 17.920), describe the part of the judgment being registered: ................................
..........................................................................................................................................
PART II. IDENTIFICATION OF PERSON REGISTERING JUDGMENT AND PERSON AGAINST WHOM JUDGMENT IS BEING REGISTERED
Provide the following information for all persons seeking to register the judgment under this registration and all persons against whom the judgment is being registered under this registration.
Name of Person(s) Registering Judgment: ........................................................
If a person registering the judgment is not the person in whose favor the judgment was rendered, describe the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement:
Address of Person(s) Registering Judgment: ....................................................
Additional Contact Information for Person(s) Registering Judgment (Optional):
Telephone Number: .......................... Facsimile Number: ................................
Electronic Mail Address: ......................................................................................
Name of Attorney for Person(s) Registering Judgment, if any: ....................
Address: ...................................................................................................................
Telephone Number: .......................... Facsimile Number: ................................
Electronic Mail Address: ......................................................................................
Name of Person(s) Against Whom Judgment is Being Registered: .............
Address of Person(s) Against Whom Judgment is Being Registered: .............................................................................. (provide the most recent address known)
Additional Contact Information for Person(s) Against Whom Judgment is Being Registered (Optional) (provide most recent information known):
Telephone Number: .......................... Facsimile Number: ................................
Electronic Mail Address: ......................................................................................
PART III. CALCULATION OF AMOUNT FOR WHICH ENFORCEMENT IS SOUGHT
Identify the currency or currencies in which each amount is stated.
The amount of the Canadian judgment or part of the judgment being registered is .
The amount of interest accrued as of the date of registration on the part of the judgment being registered is .
The applicable rate of interest is ........................................................................ .
The date when interest began to accrue is ........................................................ .
The part of the judgment to which the interest applies is .............................. .
The Canadian Court awarded costs and expenses relating to the part of the judgment being registered in the amount of ................................ (exclude any amount included in the award of costs and expenses which represents an award of attorney’s fees).
The Canadian Court awarded attorney’s fees relating to the part of the judgment being registered in the amount of .
The person registering the Canadian judgment claims postjudgment costs and expenses in the amount of ................................ and postjudgment attorney’s fees in the amount of ................................ relating to the part of the judgment being registered (include only costs, expenses and attorney’s fees incurred before registration).
The amount of the part of the judgment being registered which has been satisfied as of the date of registration is .
The total amount for which enforcement of the part of the judgment being registered is sought is .
PART IV. STATEMENT OF PERSON REGISTERING JUDGMENT
I, ............................................................................... [Person Registering Judgment or Attorney for Person Registering Judgment] state:
1. The Canadian judgment is final, conclusive and enforceable under the law of the Canadian jurisdiction in which it was rendered.
2. The Canadian judgment or part of the judgment being registered is within the scope of NRS 17.900 to 17.955, inclusive.
3. If only a part of the Canadian judgment is being registered, the amounts stated in Part III of this form relate to that part.
PART V. ITEMS REQUIRED TO BE INCLUDED WITH REGISTRATION
Attached are (check to signify required items are included):
.......... A copy of the Canadian judgment authenticated in the same manner a copy of a foreign judgment is authenticated in an action under NRS 17.770 as an accurate copy by the Canadian court that entered the judgment.
.......... If the Canadian judgment is not in English, a certified translation of the judgment into English.
.......... A registration fee in the amount of $150.
I declare that the information provided on this form is true and correct to the best of my knowledge and belief.
Submitted by: ...................................................................................................
Signature of [Person Registering Judgment]
[Attorney for Person Registering Judgment]
[specify whether signer is the person
registering the judgment or that
person’s attorney]
Date of submission: ..............................................................
(Added to NRS by 2021, 510)
NRS 17.930 Effect of registration.
1. Subject to subsection 2, a Canadian judgment registered under NRS 17.925 has the same effect provided in NRS 17.780 for a judgment a court determines to be entitled to recognition.
2. A Canadian judgment registered under NRS 17.925 may not be enforced by sale or other disposition of property, or by seizure of property or garnishment, until 31 days after notice under NRS 17.935 of registration is served. The court for cause may provide for a shorter or longer time. This subsection does not preclude use of relief available under law of this State other than NRS 17.900 to 17.955, inclusive, to prevent dissipation, disposition or removal of property.
(Added to NRS by 2021, 513)
NRS 17.935 Notice of registration.
1. A person that registers a Canadian judgment under NRS 17.925 shall cause notice of registration to be served on the person against whom the judgment has been registered.
2. Notice under this section must be served in the same manner that a summons and complaint must be served in an action seeking recognition under NRS 17.770 of a foreign-country money judgment.
3. Notice under this section must include:
(a) The date of registration and court in which the judgment was registered;
(b) The docket number assigned to the registration;
(c) The name and address of:
(1) The person registering the judgment; and
(2) The person’s attorney, if any;
(d) A copy of the registration, including the documents required under subsection 2 of NRS 17.925; and
(e) A statement that:
(1) The person against whom the judgment has been registered, not later than 30 days after the date of service of notice, may petition the court to vacate the registration; and
(2) The court for cause may provide for a shorter or longer time.
4. Proof of service of notice under this section must be filed with the clerk of the court.
(Added to NRS by 2021, 513)
NRS 17.940 Petition to vacate registration.
1. Not later than 30 days after notice under NRS 17.935 is served, the person against whom the judgment was registered may petition the court to vacate the registration. The court for cause may provide for a shorter or longer time for filing the petition.
2. A petition under this section may assert only:
(a) A ground that could be asserted to deny recognition of the judgment under the Uniform Foreign-Country Money Judgments Recognition Act; or
(b) A failure to comply with a requirement of NRS 17.900 to 17.955, inclusive, for registration of the judgment.
3. A petition filed under this section does not itself stay enforcement of the registered judgment.
4. If the court grants a petition under this section, the registration is vacated, and any act under the registration to enforce the registered judgment is void.
5. If the court grants a petition under this section on a ground under paragraph (a) of subsection 2, the court also shall render a judgment denying recognition of the Canadian judgment. A judgment rendered under this subsection has the same effect as a judgment denying recognition to a judgment on the same ground under the Uniform Foreign-Country Money Judgments Recognition Act.
(Added to NRS by 2021, 513)
NRS 17.945 Stay of enforcement of judgment pending determination of petition. A person that files a petition under subsection 1 of NRS 17.940 to vacate registration of a Canadian judgment may request the court to stay enforcement of the judgment pending determination of the petition. The court shall grant the stay if the person establishes a likelihood of success on the merits with regard to a ground listed in subsection 2 of NRS 17.940 for vacating a registration. The court may require the person to provide security in an amount determined by the court as a condition of granting the stay.
(Added to NRS by 2021, 514)
NRS 17.950 Relationship to Uniform Foreign-Country Money Judgments Recognition Act.
1. NRS 17.900 to 17.955, inclusive, supplement the Uniform Foreign-Country Money Judgments Recognition Act and that Act, other than NRS 17.770, applies to a registration under NRS 17.900 to 17.955, inclusive.
2. A person may seek recognition of a Canadian judgment described in NRS 17.920 either:
(a) By registration under NRS 17.900 to 17.955, inclusive; or
(b) Under NRS 17.770.
3. Subject to subsection 4, a person may not seek recognition in this State of the same judgment or part of a judgment described in subsection 2 or 3 of NRS 17.920 with regard to the same person under both NRS 17.900 to 17.955, inclusive, and NRS 17.770.
4. If the court grants a petition to vacate a registration solely on a ground under paragraph (b) of subsection 2 of NRS 17.940, the person seeking registration may:
(a) If the defect in the registration can be cured, file a new registration under NRS 17.900 to 17.955, inclusive; or
(b) Seek recognition of the judgment under NRS 17.770.
(Added to NRS by 2021, 514)
NRS 17.955 Uniformity of application and construction. In applying and construing the Uniform Registration of Canadian Money Judgments Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Added to NRS by 2021, 514)