Senate Bill No. 203–Committee on Judiciary

 

(On Behalf of the Nevada Supreme Court)

 

February 25, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Enacts provisions concerning separation and adjudication of certain small claims actions. (BDR 6‑612)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to civil actions; enacting provisions concerning the separation and adjudication of certain small claims actions; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 73.010 is hereby amended to read as follows:

1-2  73.010  1.  In all cases arising in the justice’s court for the

1-3  recovery of money only, where the amount claimed does not exceed

1-4  $5,000 and the defendant named:

1-5  [1.] (a) Is a resident of;

1-6  [2.] (b) Does business in; or

1-7  [3.] (c) Is employed in,

1-8  the township in which the action is to be maintained, the justice of

1-9  the peace may proceed as provided in this chapter and by rules of

1-10  court.

1-11      2.  Except as otherwise provided in subsection 3, if any

1-12  counterclaim or other pleading raises any issue or claim which

1-13  may not be adjudicated as provided in this chapter, the justice of

1-14  the peace shall:

1-15      (a) Separate the issues or claims;

2-1  (b) Adjudicate those issues or claims over which he has

2-2  jurisdiction; and

2-3  (c) Require those issues or claims over which he does not have

2-4  jurisdiction to be filed as separate actions in the justice’s court or

2-5  district court, as appropriate.

2-6  3.  If any counterclaim or other pleading raises any issue or

2-7  claim which may not be adjudicated as provided in this chapter,

2-8  the parties to the action may stipulate that the action be treated as

2-9  not having been filed pursuant to this chapter. If the parties so

2-10  stipulate and any counterclaim or other pleading raises any issue

2-11  or claim which may not be adjudicated in the justice’s court, the

2-12  justice of the peace shall proceed as provided in Rule 13 of the

2-13  Justices’ Courts’ Rules of Civil Procedure.

2-14      Sec. 2.  The amendatory provisions of this act apply to a small

2-15  claims action that is:

2-16      1.  Pending on October 1, 2003; or

2-17      2.  Filed on or after October 1, 2003.

 

2-18  H