NRS: CHAPTER 238 - LEGAL NOTICES AND ADVERTISEMENTS

[Rev. 6/29/2024 3:23:03 PM--2023]

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 and on Internet website of qualified newspaper; exceptions.

NRS 238.040 Second-class mailing permit required for qualification.

NRS 238.050 Newspapers and Internet website of newspapers equally competent as means for publication.

NRS 238.060 Publication of legal notice or advertisement once each week for full period in qualified newspaper; exceptions for notice or advertisement published on Internet website of 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 and on Internet website of qualified newspaper; exceptions.

1. Except as otherwise provided in this section, any and all legal notices or advertisements shall be published only in a daily, a triweekly, a semiweekly, a weekly, or a semimonthly 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, weekly, or semimonthly, 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 legal 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 legal notice or advertisement.

2. Any legal notice or advertisement may be additionally published on the Internet website of a newspaper described in subsection 1. If a legal notice or advertisement is published on the Internet website of a newspaper described in subsection 1, the newspaper must publish on its Internet website the mailing address and telephone number of the state or local governmental agency by which a person may request or obtain a copy of the legal notice or advertisement.

3. A change in:

(a) 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 newspaper is continuously and uninterruptedly printed and published within the county.

(b) The Internet address of the website of any newspaper on which a legal notice or advertisement is published does not break or affect the continuity in the publication of the legal notice or advertisement.

4. 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.

5. 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 legal notice or advertisement is required to be published, then such legal notice or advertisement may be published:

(a) In any newspaper or newspapers having a general circulation and printed and published in whole or in part in the county; and

(b) On the Internet website of any newspaper or newspapers having a general circulation and printed and published in whole or in part in the county.

6. 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; 2023, 279)

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 and Internet website of 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, weekly newspapers and semimonthly newspapers and the Internet websites of such 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 A 2023, 280)

1. Whenever any legal notice or advertisement is required by law to be given by publication, unless otherwise specified, such provision shall be satisfied, except as otherwise provided in subsection 2, by publishing the required legal notice or advertisement, at least once a week, consecutively, for not less than the full period of time so required in a qualified, legal and competent newspaper.

2. If a legal notice or advertisement is published on the Internet website of a qualified, legal and competent newspaper:

(a) An error in the legal notice or advertisement made by the newspaper, a temporary Internet website outage or service interruption that prevents the posting or display of a notice is harmless; and

(b) The legal notice or advertisement shall be deemed sufficient provided that the legal notice or advertisement is printed and published in a qualified, legal and competent newspaper pursuant to this chapter.

[1:215:1949; 1943 NCL § 4704.01]—(NRS A 2023, 280)

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 or on an Internet website maintained by 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]—(NRS A 2023, 280)

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)