AB100_R2

Assembly Bill No. 100–Assemblymen Brown, Knecht, Gibbons, Christensen, Andonov, Beers, Geddes, Goicoechea, Grady, Griffin, Gustavson, Hardy, Hettrick, Mabey, Marvel, McCleary, Perkins, Sherer and Weber

CHAPTER..........

AN ACT relating to justices’ courts; increasing the monetary limit of the jurisdiction of justices’ courts; providing for the establishment of a mandatory short trial program for civil cases in the justices’ courts; 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 4.060 is hereby amended to read as follows:

4.060 1. Except as otherwise provided in this section and

NRS 33.017 to 33.100, inclusive, 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

If the sum claimed exceeds $7,500 but does not

exceed $10,000................................. 175.00

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 $1,00025.00

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 $5,000...................................... 65.00

number of defendants answering jointly, to be paid by 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 intervention6.00

(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 bonds12.00

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................ 50.00

(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 Controller pursuant to subsection 5.

5. The justice of the peace shall, on or before the fifth day of

each month, pay to the State Controller:

(a) An amount equal to $5 of each fee collected pursuant to

paragraph (j) of subsection 1 during the preceding month. The State

Controller shall deposit the money in the Account for Aid for

Victims of Domestic Violence in the State General Fund.

(b) One-half of the fees collected pursuant to paragraph (o) of

subsection 1 during the preceding month. The State Controller shall

deposit the money in the fund for the compensation of victims of

crime.

Sec. 2. NRS 4.370 is hereby amended to read as follows:

4.370 1. Except as otherwise provided in subsection 2,

justices’ courts have jurisdiction of the following civil actions and

proceedings and no others except as otherwise provided by specific

statute:

(a) In actions arising on contract for the recovery of money only,

if the sum claimed, exclusive of interest, does not exceed [$7,500.]

$10,000.

(b) In actions for damages for injury to the person, or for taking,

detaining or injuring personal property, or for injury to real property

where no issue is raised by the verified answer of the defendant

involving the title to or boundaries of the real property, if the

damage claimed does not exceed [$7,500.] $10,000.

fine, penalty or forfeiture not exceeding [$7,500,] $10,000, given by

statute or the ordinance of a county, city or town, where no issue is

raised by the answer involving the legality of any tax, impost,

assessment, toll or municipal fine.

(d) In actions upon bonds or undertakings conditioned for the

payment of money, if the sum claimed does not exceed [$7,500,]

$10,000, though the penalty may exceed that sum. Bail bonds and

other undertakings posted in criminal matters may be forfeited

regardless of amount.

(e) In actions to recover the possession of personal property, if

the value of the property does not exceed [$7,500.] $10,000.

(f) To take and enter judgment on the confession of a defendant,

when the amount confessed, exclusive of interest, does not exceed

[$7,500.] $10,000.

(g) Of actions for the possession of lands and tenements where

the relation of landlord and tenant exists, when damages claimed do

not exceed [$7,500] $10,000 or when no damages are claimed.

(h) Of actions when the possession of lands and tenements has

been unlawfully or fraudulently obtained or withheld, when

damages claimed do not exceed [$7,500] $10,000 or when no

damages are claimed.

(i) Of suits for the collection of taxes, where the amount of the

tax sued for does not exceed [$7,500.] $10,000.

(j) Of actions for the enforcement of mechanics’ liens, where the

amount of the lien sought to be enforced, exclusive of interest, does

not exceed [$7,500.] $10,000.

(k) Of actions for the enforcement of liens of owners of facilities

for storage, where the amount of the lien sought to be enforced,

exclusive of interest, does not exceed [$7,500.] $10,000.

(l) In actions for a fine imposed for a violation of NRS 484.757.

(m) Except in a judicial district that includes a county whose

population is 100,000 or more, in any action for the issuance of a

temporary or extended order for protection against domestic

violence.

(n) In an action for the issuance of a temporary or extended

order for protection against harassment in the workplace pursuant to

NRS 33.200 to 33.360, inclusive.

(o) In small claims actions under the provisions of chapter 73 of

NRS.

(p) In actions to contest the validity of liens on mobile homes or

manufactured homes.

(q) In any action pursuant to NRS 200.591 for the issuance of a

protective order against a person alleged to be committing the crime

of stalking, aggravated stalking or harassment.

2. The jurisdiction conferred by this section does not extend to

civil actions, other than for forcible entry or detainer, in which the

title of real property or mining claims or questions affecting the

boundaries of land are involved.

3. Justices’ courts have jurisdiction of all misdemeanors and no

other criminal offenses except as otherwise provided by specific

statute. Upon approval of the district court, a justice’s court may

transfer original jurisdiction of a misdemeanor to the district court

for the purpose of assigning an offender to a program established

pursuant to NRS 176A.250.

4. Except as otherwise provided in subsections 5 and 6, in

criminal cases the jurisdiction of justices of the peace extends to the

limits of their respective counties.

5. In the case of any arrest made by a member of the Nevada

Highway Patrol, the jurisdiction of the justices of the peace extends

to the limits of their respective counties and to the limits of all

counties which have common boundaries with their respective

counties.

6. Each justice’s court has jurisdiction of any violation of a

regulation governing vehicular traffic on an airport within the

township in which the court is established.

Sec. 3. Chapter 38 of NRS is hereby amended by adding

thereto a new section to read as follows:

1. The Supreme Court shall adopt rules to provide for the

establishment of a mandatory short trial program for civil cases in

the justices’ courts.

2. This section does not apply to the following actions and

proceedings:

(a) Actions for the possession of lands and tenements where

the relation of landlord and tenant exists, when damages claimed

do not exceed $10,000 or when no damages are claimed.

(b) Actions when the possession of lands and tenements has

been unlawfully or fraudulently obtained or withheld, when

damages claimed do not exceed $10,000 or when no damages are

claimed.

order for protection against domestic violence.

(d) An action for the issuance of a temporary or extended

order for protection against harassment in the workplace pursuant

to NRS 33.200 to 33.360, inclusive.

(e) Small claims actions under the provisions of chapter 73 of

NRS.

(f) Any action pursuant to NRS 200.591 for the issuance of a

protective order against a person alleged to be committing the

crime of stalking, aggravated stalking or harassment.

3. As used in this section, “short trial” means a trial that is

conducted in accordance with procedures designed to limit the

length of the trial, including, without limitation, restrictions on the

amount of discovery requested by each party, the use of a jury

composed of not more than six persons, and a specified limit on

the amount of time each party may use to present his case.

Sec. 4. NRS 38.250 is hereby amended to read as follows:

38.250 1. Except as otherwise provided in NRS 38.310 [:]

and section 3 of this act:

(a) All civil actions filed in district court for damages, if the

cause of action arises in the State of Nevada and the amount in issue

does not exceed $40,000, must be submitted to nonbinding

arbitration in accordance with the provisions of NRS 38.250 to

38.259, inclusive, unless the parties have agreed to submit the action

to an alternative method of resolving disputes established by the

Supreme Court pursuant to NRS 38.258, including, without

limitation, a settlement conference, mediation or a binding short

trial, and that method has resulted in a binding disposition of the

action. If an action is submitted to an alternative method of

resolving disputes pursuant to this paragraph and a binding

disposition of the case does not result, the action must be submitted

to nonbinding arbitration, but the parties may agree to submit the

action to another alternative method of resolving disputes while the

nonbinding arbitration is pending or after the nonbinding arbitration

has been completed.

(b) A civil action for damages filed in justice’s court may be

submitted to arbitration or to an alternative method of resolving

disputes, including, without limitation, a settlement conference,

mediation or a binding short trial, if the parties agree to the

submission.

2. An agreement entered into pursuant to this section must be:

(a) Entered into at the time of the dispute and not be a part of

any previous agreement between the parties;

(b) In writing; and

An agreement entered into pursuant to this section that does not

comply with the requirements set forth in this subsection is void.

3. As used in this section, “short trial” means a trial that is

conducted, with the consent of the parties to the action, in

accordance with procedures designed to limit the length of the trial,

including, without limitation, restrictions on the amount of

discovery requested by each party, the use of a jury composed of not

more than six persons, and a specified limit on the amount of time

each party may use to present his case.

Sec. 5. NRS 487.039 is hereby amended to read as follows:

487.039 1. If [the owner of] a vehicle [which] is towed from

private property upon the request of the owner of the private

property , or a person in lawful possession of that property , and the

owner of the vehicle believes that the vehicle was unlawfully towed,

[he] the owner of the vehicle may file a civil action pursuant to

paragraph (b) of subsection 1 of NRS 4.370 in the justice’s court of

the township where the private property is located, on a form

provided by the court, to determine whether the towing of the

vehicle was lawful.

2. An action may be filed pursuant to this section only if the

cost of towing and storing the vehicle does not exceed [$7,500.]

$10,000.

3. Upon the filing of a civil action pursuant to subsection 1, the

court shall schedule a date for a hearing. The hearing must be held

not later than 7 days after the action is filed. The court shall affix the

date of the hearing to the form and order a copy served by the

sheriff, constable or other process server upon the person who

authorized the towing of the vehicle.

4. The court shall:

(a) If it determines that the vehicle was:

(1) Lawfully towed, order the owner of the vehicle to pay the

cost of towing and storing the vehicle and order the person who is

storing the vehicle to release the vehicle to the owner upon payment

of that cost; or

(2) Unlawfully towed, order the person who authorized the

towing to pay the cost of towing and storing the vehicle and order

the person who is storing the vehicle to release the vehicle to the

owner immediately; and

(b) Determine the actual cost incurred in towing and storing the

vehicle.

5. The operator of any facility or other location where vehicles

which are towed from private property are stored shall display

conspicuously at that facility or location a sign which sets forth the

provisions of this section.

Sec. 6. Section 1 of Senate Bill No. 88 of this session is

hereby amended to read as follows:

Section 1. Chapter 3 of NRS is hereby amended by

adding thereto a new section to read as follows:

[1.] If an action is filed in the district court and a district

judge determines that the [sum claimed, exclusive of interest,

does not exceed $7,500,] action is properly within the

jurisdiction of the justice’s court pursuant to NRS 4.370, the

district judge may transfer original jurisdiction of the action

to the justice’s court.

[2. For the purposes of this section, “action” includes the

following civil cases and proceedings and no others except as

otherwise provided by specific statute:

(a) An action arising on contract for the recovery of

money only, if the sum claimed, exclusive of interest, exceeds

$7,500.

(b) An action for damages for injury to the person, or for

taking, detaining or injuring personal property, or for injury

to real property where no issue is raised by the verified

answer of the defendant involving the title to or boundaries of

the real property, if the damage claimed exceeds $7,500.

NRS 484.757, an action for a fine, penalty or forfeiture

exceeding $7,500, given by statute or the ordinance of a

county, city or town, where no issue is raised by the answer

involving the legality of any tax, impost, assessment, toll or

municipal fine.

(d) An action upon bonds or undertakings conditioned for

the payment of money, if the sum claimed exceeds $7,500.

(e) An action to recover the possession of personal

property, if the value of the property exceeds $7,500.

(f) To take and enter judgment on the confession of a

defendant, when the amount confessed, exclusive of interest,

exceeds $7,500.

(g) Of actions for the possession of lands and tenements

where the relation of landlord and tenant exists, when

damages claimed exceed $7,500.

(h) Of actions when the possession of lands and

tenements has been unlawfully or fraudulently obtained or

withheld, when damages claimed exceed $7,500.

(i) Of suits for the collection of taxes, where the amount

of the tax sued for exceeds $7,500.

(j) Of actions for the enforcement of mechanics’ liens,

where the amount of the lien sought to be enforced, exclusive

of interest, exceeds $7,500.

(k) Of actions for the enforcement of liens of owners of

facilities for storage, where the amount of the lien sought to

be enforced, exclusive of interest, exceeds $7,500.]

Sec. 7. The amendatory provisions of sections 1 to 5,

inclusive, of this act apply to civil actions and proceedings filed on

or after January 1, 2005.

Sec. 8. 1. This section and section 6 of this act become

effective upon passage and approval.

2. Sections 1 to 5, inclusive, and 7 of this act become effective

on January 1, 2005.

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