SB106_EN

Senate Bill No. 106–Committee on Judiciary

CHAPTER..........

AN ACT relating to courts; providing for the imposition of certain additional fees in civil actions; providing that such additional fees constitute costs for the purposes of certain provisions; providing for the imposition of a court automation fee for appeals and other proceedings filed in the Supreme Court; 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 18.005 is hereby amended to read as follows:

18.005 For the purposes of NRS 18.010 to 18.150, inclusive,

the term “costs” means:

1. Clerks’ fees.

2. Reporters’ fees for depositions, including a reporter’s fee for

one copy of each deposition.

3. Jurors’ fees and expenses, together with reasonable

compensation of an officer appointed to act in accordance with

NRS 16.120.

4. Fees for witnesses at trial, pretrial hearings and deposing

witnesses, unless the court finds that the witness was called at the

instance of the prevailing party without reason or necessity.

5. Reasonable fees of not more than five expert witnesses in an

amount of not more than $1,500 for each witness, unless the court

allows a larger fee after determining that the circumstances

surrounding the expert’s testimony were of such necessity as to

require the larger fee.

6. Reasonable fees of necessary interpreters.

7. The fee of any sheriff or licensed process server for the

delivery or service of any summons or subpoena used in the action,

unless the court determines that the service was not necessary.

8. The fees of the official reporter or reporter pro tempore.

9. Reasonable costs for any bond or undertaking required as

part of the action.

10. Fees of a court bailiff who was required to work overtime.

11. Reasonable costs for telecopies.

12. Reasonable costs for photocopies.

13. Reasonable costs for long distance telephone calls.

14. Reasonable costs for postage.

15. Reasonable costs for travel and lodging incurred taking

depositions and conducting discovery.

16. Fees charged pursuant to section 2 of this act.

17. Any other reasonable and necessary expense incurred in

connection with the action, including reasonable and necessary

expenses for computerized services for legal research.

Sec. 2. Chapter 19 of NRS is hereby amended by adding

thereto a new section to read as follows:

1. Except as otherwise provided in NRS 19.034, on the

commencement of any civil action in the district court for which a

filing fee is required, the clerk of court shall collect, in addition to

any other fee required by law, the following fees in any action

that involves more than one plaintiff and one defendant:

(a) A fee of $30 for each additional plaintiff named in a

complaint when the complaint is filed.

(b) A fee of $30 for each additional defendant named in an

answer when the answer is filed, or a fee of $30 for each

additional party appearing in the action when the additional party

appears in the action.

fee of $30 for each additional plaintiff named when the complaint

is amended.

2. On or before the first Monday of each month, the clerk of

court shall pay over to the county treasurer the amount of all fees

collected by him pursuant to subsection 1. The county treasurer

shall distribute, on or before the 15th day of that month, the

money received in the following amounts for each fee received:

(a) Eight dollars for credit to a special account in the county

general fund for the use of the district court for advanced and

improved technological purposes. The special account is

restricted to the use specified, the money in the special account

must not be used to supplant existing budgets for maintenance

and support of technology, and the balance in the special account

must be carried forward at the end of each fiscal year.

(b) Seven dollars for credit to a special account in the county

general fund in each county in which legal services are provided

without charge to indigent or elderly persons through a program

for legal aid organized under the auspices of the State Bar of

Nevada, a county or local bar association, a county or municipal

program for legal services or other program funded by this state

or the United States to provide legal assistance. The county

treasurer shall remit quarterly to the organization operating the

program for legal services all the money received by him from the

clerk of court. The organization operating the program for legal

services shall use any money received pursuant to this paragraph

as follows:

(1) Five dollars for the benefit of indigent persons in the

county; and

(2) Two dollars for the benefit of elderly persons in the

county.

account in the State General Fund. The State Controller shall

distribute the money received to the Office of Court Administrator

for use in support and maintenance of case management systems

approved by the Office of Court Administrator, for statewide

technological purposes and for distribution to the courts for

technological purposes. The special account is restricted to the

use specified, and the balance in the special account must be

carried forward at the end of each fiscal year.

(d) Five dollars to the State Controller for credit to a special

account in the State General Fund. The State Controller shall

distribute the money received to the Office of Court Administrator

for the payment for the services of retired justices and retired

district judges. The special account is restricted to the use

specified, and the balance in the special account must be carried

forward at the end of each fiscal year.

3. As used in this section:

(a) “Office of Court Administrator” means the Office of Court

Administrator created pursuant to NRS 1.320.

(b) “Technological purposes” means the acquisition or

improvement of technology, including, without limitation,

acquiring or improving technology for converting and archiving

records, purchasing hardware and software, maintaining the

technology, training employees in the operation of the technology

and contracting for professional services relating to the

technology.

Sec. 3. NRS 2.250 is hereby amended to read as follows:

2.250 1. The Clerk of the Supreme Court may demand and

receive for his services rendered in discharging the duties imposed

upon him by law the following fees:

(a) Except as otherwise provided in paragraph [(c),] (d),

whenever an appeal is taken to the Supreme Court, or whenever a

special proceeding by way of mandamus, certiorari, prohibition,

quo warranto, habeas corpus, or otherwise is brought in or to the

Supreme Court, the appellant and any cross-appellant or the party

bringing a special proceeding shall, at or before the appeal, cross

-appeal or petition for a special proceeding has been entered on the

docket, pay to the Clerk of the Supreme Court the sum of $200.

(b) Except as otherwise provided in paragraph [(c),] (d), a party

to an appeal or special proceeding who petitions the Supreme Court

for a rehearing shall, at the time of filing such a petition, pay to the

Clerk of the Supreme Court the sum of $100.

to the fees required pursuant to paragraphs (a) and (b):

(1) Whenever an appeal is taken to the Supreme Court, or

whenever a special proceeding by way of mandamus, certiorari,

prohibition, quo warranto, habeas corpus, or otherwise is brought

in or to the Supreme Court, the appellant and any cross-appellant

or the party bringing a special proceeding shall, at or before the

appeal, cross-appeal or petition for a special proceeding has been

entered on the docket, pay to the Clerk of the Supreme Court a

court automation fee of $50.

(2) A party to an appeal or special proceeding who petitions

the Supreme Court for a rehearing shall, at the time of filing such

a petition, pay to the Clerk of the Supreme Court a court

automation fee of $50.

The Clerk of the Supreme Court shall remit the fees collected

pursuant to this paragraph to the State Controller for credit to a

special account in the State General Fund. The State Controller

shall distribute the money received to the Office of Court

Administrator to be used for advanced and improved

technological purposes in the Supreme Court. The special

account is restricted to the use specified, and the balance in the

special account must be carried forward at the end of each fiscal

year. As used in this paragraph, “technological purposes” means

the acquisition or improvement of technology, including, without

limitation, acquiring or improving technology for converting and

archiving records, purchasing hardware and software,

maintaining the technology, training employees in the operation

of the technology and contracting for professional services

relating to the technology.

(d) No fees may be charged by the Clerk in:

(1) Any action brought in or to the Supreme Court wherein

the State of Nevada or any county, city or town thereof, or any

officer or commission thereof is a party in his or its official or

representative capacity, against the State of Nevada, county, city,

town, officer or commission;

(2) A habeas corpus proceeding of a criminal or quasi

-criminal nature; or

(3) An appeal taken from, or a special proceeding arising out

of, a criminal proceeding.

[(d)] (e) A fee of $60 for Supreme Court decisions in pamphlet

form for each year, or a fee of $30 for less than a 6 months’ supply

of decisions, to be collected from each person who requests such

decisions, except those persons and agencies set forth in NRS

2.345. The Clerk may charge a reasonable fee to all parties,

including, without limitation, the persons and agencies set forth in

NRS 2.345, for access to decisions of the Supreme Court compiled

in an electronic format.

[(e)] (f) A fee from a person who requests a photostatic copy or

a photocopy print of any paper or document in an amount

determined by the justices of the Supreme Court.

2. The Clerk of the Supreme Court shall not charge any fee that

is not authorized by law.

3. The Clerk of the Supreme Court shall keep a fee book in

which the Clerk shall enter in detail the title of the matter,

proceeding or action, and the fees charged therein. The fee book

must be open to public inspection in the office of the Clerk.

4. The Clerk of the Supreme Court shall publish and post in

some conspicuous place in his office a table of fees for public

inspection. The Clerk shall forfeit a sum of not less than $20 for

each day of his omission to do so, which sum with costs may be

recovered by any person by filing an action before any justice of the

peace of the same county.

5. All fees prescribed in this section must be paid in advance, if

demanded. If the Clerk of the Supreme Court has not received any

or all of the fees which are due to him for services rendered in any

suit or proceeding, the Clerk may have execution therefor in his

own name against the party from whom they are due, to be issued

from the Supreme Court upon order of a justice thereof or from the

Court upon affidavit filed.

6. The Clerk of the Supreme Court shall give a receipt on

demand of the party paying a fee. The receipt must specify the title

of the cause in which the fee is paid and the date and the amount of

the payment.

7. The Clerk of the Supreme Court shall, when depositing with

the State Treasurer money received for Court fees, render to the

State Treasurer a brief note of the cases in which the money was

received.

Sec. 4. This act becomes effective on July 1, 2003.

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