Senate Bill No. 88–Committee on Judiciary
CHAPTER..........
AN ACT relating to civil actions; allowing a district judge to transfer certain civil actions to the justice’s court under certain circumstances; 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. 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, 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.
(c) Except in actions for a fine imposed for a violation of 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. 2. Chapter 4 of NRS is hereby amended by adding thereto
a new section to read as follows:
If an action is transferred from the district court to the justice’s
court pursuant to section 1 of this act:
1. The transfer of the action shall not be deemed to constitute
the filing of a new action in the justice’s court, and a party to the
action may not be required to pay a new filing fee to the justice’s
court as the result of the transfer of the action; and
2. The transfer of the action must not be construed to affect
any period of limitation concerning the filing of the action.
Sec. 3. 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.
(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.
(c) Except as otherwise provided in paragraph (l) , in actions for
a fine, penalty or forfeiture not 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) In actions upon bonds or undertakings conditioned for the
payment of money, if the sum claimed does not exceed $7,500,
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.
(f) To take and enter judgment on the confession of a defendant,
when the amount confessed, exclusive of interest, does not exceed
$7,500.
(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 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 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.
(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.
(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.
(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.
(r) In actions transferred from the district court pursuant to
section 1 of this act.
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. 4. The amendatory provisions of this act apply to an
action that is:
1. Pending on the effective date of this act; or
2. Filed on or after the effective date of this act.
Sec. 5. This act becomes effective upon passage and approval.
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