SUMMARY--Increases monetary limit relating to small claims in justices' courts. (BDR 6-1342)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to justices' courts; increasing the monetary limit on the size of a claim for money that may be adjudicated in justices' courts under the procedure for small claims; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 73.010 is hereby amended to read as follows:
73.010In all cases arising in the justice's court for the recovery of money only, where the amount claimed does not exceed [$3,500] $7,500 and the defendant named:
1. Is a resident of;
2. Does business in; or
3. Is employed in,
the township in which the action is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.
Sec. 2 NRS 4.060 is hereby amended to read as follows:
4.0601. Except as otherwise provided in this section, each justice of the peace shall charge and collect the following fees:
(a) On the commencement of any action or proceeding in the justice's court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $1,000 $28.00
If the sum claimed exceeds $1,000 but does not exceed $2,500 50.00
If the sum claimed exceeds $2,500 but does not exceed $4,500 100.00
If the sum claimed exceeds $4,500 but does not exceed $6,500 125.00
If the sum claimed exceeds $6,500 but does not exceed $7,500 150.00
In all other civil actions 28.00
(b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:
If the sum claimed does not exceed $1,000 25.00
If the sum claimed exceeds $1,000 but does not exceed $2,500 45.00
If the sum claimed exceeds $2,500 but does not exceed [$3,500] $7,500 65.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:
In all civil actions 12.00
For every additional defendant, appearing separately 6.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention 6.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court 6.00
(g) For filing a notice of appeal, and appeal bonds 12.00
One charge only may be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court 12.00
(i) For preparation and transmittal of transcript and papers on appeal 12.00
(j) For celebrating a marriage and returning the certificate to the county recorder 35.00
(k) For entering judgment by confession 6.00
(l) For preparing any copy of any record, proceeding or paper, for each page .30
(m) For each certificate of the clerk, under the seal of the court 3.00
(n) For searching records or files in his office, for each year 1.00
(o) For filing and acting upon each bail or property bond 40.00
2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.
3. A justice of the peace shall not charge or collect the fee pursuant to paragraph (j) of subsection 1 if he performs a marriage ceremony in a commissioner township.
4. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees he may retain as compensation and the fees he is required to pay to the state treasurer pursuant to subsection 5.
5. The justice of the peace shall, on or before the fifth day of each month, pay to the state treasurer half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the fund for the compensation of victims of crime.