[Rev. 6/29/2024 2:46:39 PM--2023]
GENERAL PROVISIONS
NRS 4.010 Qualifications of justice of the peace.
NRS 4.020 Number and election of justices of the peace.
NRS 4.025 Terms of justices of the peace.
NRS 4.030 Oath and bond of justice of the peace.
NRS 4.032 Justices of the peace pro tempore.
NRS 4.033 Senior justices of the peace.
NRS 4.035 Courses of instruction for justices of the peace; payment of costs.
NRS 4.036 Attendance required at courses of instruction; penalty for unexcused absence; exception.
NRS 4.040 Salaries and compensation of justices of the peace.
NRS 4.050 Claims and expenses.
NRS 4.060 Fees for justice of the peace; disposition; special account for justice court; report to board of county commissioners.
NRS 4.063 Additional fees: Imposition; disposition of proceeds for support of programs for dispute resolution.
NRS 4.065 Additional fees: Imposition; disposition of proceeds.
NRS 4.071 Additional fees to offset costs of providing pro bono programs and free legal services to certain victims.
NRS 4.073 Additional fees to offset costs of operating law library.
NRS 4.075 Additional fees in certain smaller counties: Imposition; disposition of proceeds.
NRS 4.080 Justice of the peace to charge only fees authorized by law.
NRS 4.090 Justice of the peace to keep record of fees charged.
NRS 4.100 Monthly financial statements.
NRS 4.120 Punishment for taking excessive fees.
NRS 4.130 Table of fees to be posted.
NRS 4.140 Fees payable in advance; execution for fees due.
NRS 4.150 Vacancy in office; duty of clerk of board of county commissioners.
NRS 4.155 Townships with more than one justice of the peace.
NRS 4.157 Chief justice of the peace in certain townships: Selection; duties.
NRS 4.160 Number of justices of the peace where townships altered.
NRS 4.170 Duties of justices of the peace.
NRS 4.175 Report of certain statistical information to be submitted to Court Administrator.
NRS 4.180 Power to take and certify acknowledgments and affidavits.
NRS 4.185 Use of facsimile signature: Conditions and restrictions.
NRS 4.190 Power to administer oaths or affirmations.
NRS 4.215 Justices of the peace in certain townships not to practice law.
NRS 4.220 Unlawful to purchase judgments.
NRS 4.230 Docket entries.
NRS 4.235 Ruling that provision of Nevada Constitution or Nevada Revised Statutes is unconstitutional: Prevailing party to provide copy of ruling to Attorney General.
NRS 4.240 Entries in docket prima facie evidence of facts.
NRS 4.260 Court records; disposition upon expiration of term.
NRS 4.270 Disposition of court records in case of vacancy.
NRS 4.280 Jurisdiction of justice of the peace with whom docket is deposited.
NRS 4.290 Successor defined. [Repealed.]
NRS 4.300 Designation of succeeding justice of the peace. [Repealed.]
NRS 4.310 Justice of the peace may issue subpoenas and final process to any part of county.
NRS 4.320 Blanks must be filled in all papers issued by justice of the peace, except subpoenas.
NRS 4.340 Temporary assistance for justice of the peace: Requirements; compensation and travel expenses.
NRS 4.345 Disqualification of justice of the peace in certain counties: Substitution of municipal judge.
NRS 4.350 Clerk: Appointment; compensation; powers and duties.
NRS 4.353 Deputy marshal: Appointment; duties; qualifications; compensation.
NRS 4.355 Referee: Conditions for appointment; qualifications; powers and duties; decisions; compensation.
NRS 4.357 Master: Conditions for appointment; qualifications; duties; compensation.
NRS 4.360 Denomination of court; court always open; where held.
NRS 4.365 Small claims: Supplies and postage; duties of boards of county commissioners.
NRS 4.370 Jurisdiction.
NRS 4.371 Effect of transfer of original jurisdiction from district court to justice court.
NRS 4.3713 Transfer of original jurisdiction of criminal case to another justice court or municipal court.
NRS 4.3715 Transfer of original jurisdiction of criminal case to district court.
NRS 4.372 Administration of program of supervision for persons with suspended sentences or persons sentenced to residential confinement.
NRS 4.373 Suspension of sentence; conditions of suspension; reduction of sentence; arrest for violation of condition of suspension.
NRS 4.374 Determination if defendant is veteran or member of military; alternative program of treatment.
NRS 4.375 Power to order restitution for embezzled property.
NRS 4.3755 Restitution paid by defendant convicted of misdemeanor: Collection; disbursement.
RESIDENTIAL CONFINEMENT
NRS 4.376 “Residential confinement” defined.
NRS 4.3762 Power to order; conditions of sentence; maximum term; arrest for violation of condition.
NRS 4.3764 Establishment and modification of terms and conditions.
NRS 4.3766 Violation of terms and conditions.
SOUND RECORDING
NRS 4.390 Required for certain proceedings.
NRS 4.400 Operation of equipment; transcription of recordings; use of transcript.
NRS 4.410 Compensation for preparing transcript.
NRS 4.420 Preservation; destruction.
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GENERAL PROVISIONS
NRS 4.010 Qualifications of justice of the peace.
1. A person may not be a candidate for or be eligible to the office of justice of the peace unless the person is a qualified elector and has never been removed or retired from any judicial office by the Commission on Judicial Discipline. For the purposes of this subsection, a person is eligible to be a candidate for the office of justice of the peace if a decision to remove or retire the person from a judicial office is pending appeal before the Supreme Court or has been overturned by the Supreme Court.
2. A justice of the peace must have a high school diploma or its equivalent as determined by the State Board of Education.
3. In addition to any other requirement provided by law or a court rule, a justice of the peace who is not licensed or admitted to practice law in the courts of this State at the time of his or her election or appointment must pass an examination prescribed by the Nevada Supreme Court within 18 months after taking the official oath. The examination must test the competency of the examinee’s knowledge on subject matters related to the duties of a justice of the peace, including, without limitation:
(a) Judicial decorum;
(b) Application of the Revised Nevada Code of Judicial Conduct;
(c) Criminal and civil actions and proceedings over which a justice court has jurisdiction, including, without limitation, the issuance of temporary or extended orders for protection; and
(d) The financial administration of a court, including, without limitation, the minimum accounting standards of a justice court.
4. In a county whose population is 100,000 or more, a justice of the peace in a township whose population is 100,000 or more must be an attorney who:
(a) Is licensed and admitted to practice law in the courts of this State at the time of his or her election or appointment; and
(b) Has been licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for not less than 5 years at any time preceding his or her election or appointment.
5. Subsections 2 and 4 do not apply to any person who held the office of justice of the peace on June 30, 2001.
[Part 2:108:1866; A 1953, 711; 1955, 459]—(NRS A 1987, 438; 1999, 94, 1347; 2005, 1212; 2011, 1133; 2015, 939; 2023, 671)
NRS 4.020 Number and election of justices of the peace.
1. There must be one justice court in each of the townships of the State, for which there must be elected by the qualified electors of the township at least one justice of the peace. Except as otherwise provided in subsection 3, the number of justices of the peace in a township must be increased according to the population of the township, as certified by the Governor in even-numbered years pursuant to NRS 360.285, in accordance with and not to exceed the following schedule:
(a) In a county whose population is 700,000 or more:
(1) In a township whose population is less than 1,100,000, one justice of the peace for each 100,000 population of the township, or fraction thereof, until the township has four justices of the peace, and thereafter, one justice of the peace for each 125,000 population of the township, or fraction thereof, over a population of 300,000; and
(2) In a township whose population is 1,100,000 or more, one justice of the peace for each 100,000 population of the township, or fraction thereof, up to a population of 1,100,000, and thereafter, one justice of the peace for each 125,000 population of the township, or fraction thereof, over a population of 1,100,000.
(b) In a county whose population is 100,000 or more and less than 700,000, one justice of the peace for each 50,000 population of the township, or fraction thereof.
(c) In a county whose population is less than 100,000, one justice of the peace for each 50,000 population of the township, or fraction thereof.
(d) If a township includes a city created by the consolidation of a city and county into one municipal government, one justice of the peace for each 30,000 population of the township, or fraction thereof.
2. Except as otherwise provided in subsection 3, if the schedule set forth in subsection 1 provides for an increase in the number of justices of the peace in a township, the new justice or justices of the peace must be elected at the next ensuing biennial election.
3. If the schedule set forth in subsection 1 provides for an increase in the number of justices of the peace in a township and a majority of the justices of the peace in that township, in consultation with the board of county commissioners, determine that the caseload does not warrant an additional justice of the peace, the justices of the peace shall notify the Director of the Legislative Counsel Bureau and the board of county commissioners of their opinion on or before March 15 of the even-numbered year in which the population of the township provides for such an increase. The Director of the Legislative Counsel Bureau shall submit the opinion to the next regular session of the Legislature for its consideration. If the justices of the peace transmit such a notice to the Director of the Legislative Counsel Bureau and the board of county commissioners, the number of justices must not be increased during that period unless the Legislature, by resolution, expressly approves the increase.
4. Justices of the peace shall receive certificates of election from the boards of county commissioners of their respective counties.
5. The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the Secretary of State the election or appointment and qualification of the justice of the peace. The certificate must be filed in the Office of the Secretary of State as evidence of the official character of that officer.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL § 4773] + [Part 18:108:1866; B § 2616; BH § 1653; C § 1799; RL § 2782; NCL § 4782] + [Part 30:108:1866; B § 2628; BH § 1665; C § 1811; RL § 2794; NCL § 4794] + [Part 31:108:1866; B § 2629; BH § 1666; C § 1812; RL § 2795; NCL § 4795] + [Part 32:19:1865; B § 937; BH § 2451; C § 2532; RL § 4852; NCL § 8394]—(NRS A 1965, 1221; 1973, 281, 1723; 1975, 1120; 1977, 677; 1979, 498, 1334; 1983, 437; 1991, 327; 1995, 1962; 1997, 3062; 2011, 721, 1134; 2019, 3948)
NRS 4.025 Terms of justices of the peace.
1. The term of office of justices of the peace is 6 years. Each term begins on the first Monday of the January next after the appropriate general election.
2. If the board of county commissioners alters the boundaries of a township so that the proper number of justices of the peace within the township is increased or diminished, the board shall provide an effective date for the alteration such that the number of justices of the peace elected from each township at each general election remains as nearly equal as may be.
(Added to NRS by 1977, 677; A 1983, 437; 1991, 530)
NRS 4.030 Oath and bond of justice of the peace. Each justice of the peace elected or appointed in this State shall, before entering upon the duties of office:
1. Take the oath prescribed by law.
2. Execute a bond to the State of Nevada, to be approved by the board of county commissioners and furnished at county expense, in the penal sum of not less than $10,000 or more than $50,000, as may be designated by the board of county commissioners. The bond must be conditioned for the faithful performance of the duties of office and filed in the office of the county clerk.
[1:7:1873; B § 2978; BH § 2254; C § 2421; RL § 4927; NCL § 8474]—(NRS A 2005, 15)
NRS 4.032 Justices of the peace pro tempore.
1. The board of county commissioners of each county shall select a number of persons it determines appropriate to comprise a panel of substitute justices of the peace. The persons so selected must possess the qualifications set forth in NRS 4.010 for the office of justice of the peace in the respective county.
2. Whenever a justice of the peace is disqualified from acting in a case pending in the justice court or is unable to perform his or her official duties because of his or her temporary sickness or absence, or other cause, the justice of the peace shall, if necessary, appoint a person from the panel of substitute justices of the peace or, pursuant to NRS 4.340, invite another justice of the peace to act in his or her place.
3. A person appointed from the panel of substitute justices of the peace must take and subscribe to the official oath before acting as a justice of the peace pro tempore. While acting in that capacity, the justice of the peace pro tempore is entitled to receive a per diem salary set by the board of county commissioners. The annual sum expended for salaries of justices of the peace pro tempore must not exceed the amount budgeted for that expense by the board of county commissioners.
4. If an appointment of a justice of the peace pro tempore becomes necessary and the justice of the peace fails or is unable to appoint a person from the panel of substitute justices pursuant to this section and fails or is unable to obtain another justice of the peace pursuant to NRS 4.340, the chair of the board of county commissioners shall:
(a) In counties whose population is more than 100,000, appoint another justice of the peace pursuant to NRS 4.340 or a person from the panel of substitute justices of the peace pursuant to this section, to act in his or her place.
(b) In counties whose population is 100,000 or less, appoint another justice of the peace pursuant to NRS 4.340, a person from the panel of substitute justices of the peace pursuant to this section or a municipal judge pursuant to NRS 4.345, to act in his or her place.
(Added to NRS by 1991, 656)
NRS 4.033 Senior justices of the peace.
1. Notwithstanding any other provision of law or ordinance, a senior justice of the peace who serves in that capacity may serve temporarily in any justice court in this State, regardless of whether the senior justice of the peace is a resident of the township or county in which the justice court to which he or she is assigned is located.
2. As used in this section, “senior justice of the peace” means a former justice of the peace who has received a commission from the Supreme Court to serve as a senior justice of the peace pursuant to the rules prescribed by the Supreme Court.
(Added to NRS by 2005, 105)
NRS 4.035 Courses of instruction for justices of the peace; payment of costs.
1. The Court Administrator shall, at the direction of the Chief Justice of the Supreme Court, arrange for the giving of instruction, at the National Judicial College in Reno, Nevada, or elsewhere:
(a) In court procedure, recordkeeping and the elements of substantive law appropriate to a justice court, to each justice of the peace who is first elected or appointed to office after July 1, 1971, and to other justices of the peace who so desire and who can be accommodated, between each general election and January 1 next following.
(b) In statutory amendments and other developments in the law appropriate to a justice court, to all justices of the peace at least once each year.
2. Each county shall pay to the Supreme Court the county’s pro rata share of the costs of that instruction as budgeted for pursuant to the Local Government Budget and Finance Act.
3. The Supreme Court shall deposit with the State Treasurer, for credit to the appropriate account of the Supreme Court, all money received pursuant to subsection 2.
(Added to NRS by 1971, 838; A 1975, 1024; 1977, 362; 1981, 252; 1983, 108; 1987, 438; 2001, 1819)
NRS 4.036 Attendance required at courses of instruction; penalty for unexcused absence; exception.
1. Each justice of the peace who is first elected or appointed to office after July 1, 1971, shall attend the instruction provided pursuant to NRS 4.035, on the first occasion when such instruction is offered after the election or appointment of the justice of the peace, unless excused by written order of a judge of the district court in and for his or her county, which shall be filed with the Court Administrator. Such order is final for all purposes.
2. If a justice of the peace fails to attend such instruction without securing a written order pursuant to subsection 1, the justice of the peace forfeits his or her office unless the Commission on Judicial Discipline finds pursuant to NRS 1.4654 that there was a reasonable excuse for the failure to attend such instruction.
(Added to NRS by 1971, 838; A 1977, 362; 2017, 341)
NRS 4.040 Salaries and compensation of justices of the peace.
1. The several boards of county commissioners of each county, at the regular meeting in December of any year immediately preceding a year in which an election of justices of the peace is held, shall fix the minimum compensation of the justices of the peace within their respective townships for the ensuing term, either by stated salaries, payable monthly, semimonthly or at regular 2-week intervals, or by fees, as provided by law, or both, and they may thereafter increase or change such compensation during the term but shall not reduce it below the minimum so established.
2. If it becomes necessary to appoint a justice of the peace at any time, the board of county commissioners in the county in which such appointment is made shall fix the compensation, either by salary or by fees, as provided by law, or both, for the term for which the justice of the peace is appointed.
[Part 1:12:1929; A 1953, 202] + [Part 2:12:1929; NCL § 2202] + [Part 3:12:1929; NCL § 2203]—(NRS A 1973, 291; 2017, 116)
NRS 4.050 Claims and expenses.
1. When any justice of the peace is entitled to receive necessary traveling expenses for the transaction of public business, the board of county commissioners shall allow the justice of the peace the same per diem allowance and travel expenses as are provided for state officers and employees generally.
2. Any justice of the peace presenting a claim to the county for any expenses allowed by law shall attach itemized vouchers and receipts for the same to his or her claim, and the boards of county commissioners of the several counties are prohibited from allowing such claim unless accompanied by vouchers and receipts as required by this section.
[Part 1:16:1928; A 1939, 31; 1953, 69; 1955, 596]—(NRS A 1973, 282; 2007, 596)
NRS 4.060 Fees for justice of the peace; disposition; special account for justice court; report to board of county commissioners.
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 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 $2,500.................................................. $50.00
If the sum claimed exceeds $2,500 but does not exceed $5,000.............. 100.00
If the sum claimed exceeds $5,000 but does not exceed $10,000............ 175.00
If the sum claimed exceeds $10,000 but does not exceed $15,000.......... 250.00
In a civil action for unlawful detainer pursuant to NRS 40.290 to 40.420, inclusive, in which a notice to surrender has been served pursuant to NRS 40.255............................................... 225.00
In all other civil actions...................................................................................... 50.00
(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.................................................. $45.00
If the sum claimed exceeds $1,000 but does not exceed $2,500................. 65.00
If the sum claimed exceeds $2,500 but does not exceed $5,000................. 85.00
If the sum claimed exceeds $5,000 but does not exceed $7,500.............. 125.00
If the sum claimed exceeds $7,500 but does not exceed $10,000............ 175.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by the defendant or defendants on filing the first paper in the action, or at the time of appearance:
In all civil actions.............................................................................................. $50.00
For every additional defendant, appearing separately.................................. 25.00
(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................................................... $25.00
(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, other than a writ of restitution...................... $25.00
(g) For the issuance of any writ of restitution................................................... $75.00
(h) For filing a notice of appeal, and appeal bonds.......................................... $25.00
One charge only may be made if both papers are filed at the same time.
(i) For issuing supersedeas to a writ designed to enforce a judgment or order of the court $25.00
(j) For preparation and transmittal of transcript and papers on appeal......... $25.00
(k) For celebrating a marriage and returning the certificate to the county recorder or county clerk $75.00
(l) For entering judgment by confession............................................................ $50.00
(m) For preparing any copy of any record, proceeding or paper, for each page $.50
(n) For each certificate of the clerk, under the seal of the court....................... $3.00
(o) For searching records or files in his or her office, for each year............... $1.00
(p) For filing and acting upon each bail or property bond.............................. $50.00
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 the justice of the peace to the county in which his or her township is located.
3. A justice of the peace shall not charge or collect the fee pursuant to paragraph (k) of subsection 1 if the justice of the peace 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 pursuant to subsection 1 during the preceding month, except for the fees the justice of the peace may retain as compensation and the fees the justice of the peace 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 (k) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Account for Aid for Victims of Domestic or Sexual Violence in the State General Fund.
(b) One-half of the fees collected pursuant to paragraph (p) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Fund for the Compensation of Victims of Crime.
6. Except as otherwise provided in subsection 7, the county treasurer shall deposit 25 percent of the fees received pursuant to subsection 4 into a special account administered by the county and maintained for the benefit of each justice court within the county. The money in that account must be used only to:
(a) Acquire land on which to construct additional facilities or a portion of a facility for a justice court or a multi-use facility that includes a justice court;
(b) Construct or acquire additional facilities or a portion of a facility for a justice court or a multi-use facility that includes a justice court;
(c) Renovate, remodel or expand existing facilities or a portion of an existing facility for a justice court or a multi-use facility that includes a justice court;
(d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or a portion of a facility or the renovation, remodeling or expansion of an existing facility or a portion of an existing facility for a justice court or a multi-use facility that includes a justice court;
(e) Acquire advanced technology for the use of a justice court;
(f) Acquire equipment or additional staff to enhance the security of the facilities used by a justice court, justices of the peace, staff of a justice court and residents of this State who access the justice courts;
(g) Pay for the training of staff or the hiring of additional staff to support the operation of a justice court;
(h) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or for the construction, renovation, remodeling or expansion of facilities for a justice court or a multi-use facility that includes a justice court; and
(i) Pay for one-time projects for the improvement of a justice court.
Ê Any money remaining in the account at the end of a fiscal year must be carried forward to the next fiscal year.
7. The county treasurer shall, if necessary, reduce on an annual basis the amount deposited into the special account pursuant to subsection 6 to ensure that the total amount of fees collected by a justice court pursuant to this section and paid by the justice of the peace to the county treasurer pursuant to subsection 4 is, for any fiscal year, not less than the total amount of fees collected by that justice court and paid by the justice of the peace to the county treasurer for the fiscal year beginning July 1, 2012, and ending June 30, 2013.
8. Each justice court that collects fees pursuant to this section shall submit to the board of county commissioners of the county in which the justice court is located an annual report that contains:
(a) An estimate of the amount of money that the county treasurer will deposit into the special account pursuant to subsection 6 from fees collected by the justice court for the following fiscal year; and
(b) A proposal for any expenditures by the justice court from the special account for the following fiscal year.
[12:94:1865] + [13:49:1883; BH § 2354; C § 2478; RL § 2015; NCL § 2946] + [13:49:1883; A 1885, 129; 1887, 76]—(NRS A 1959, 707; 1969, 408; 1973, 1677; 1975, 501; 1979, 1723; 1981, 468; 1983, 438; 1985, 1620; 1987, 496; 1989, 378, 581; 1991, 324, 1016, 1867, 1868, 1869; 1993, 1353, 1378, 1464; 1995, 563, 566; 1999, 2408; 2001, 2130, 2906, 3213; 2003, 227, 847; 2007, 885; 2011, 139; 2013, 1197, 2204; 2015, 939, 942, 3125)
NRS 4.063 Additional fees: Imposition; disposition of proceeds for support of programs for dispute resolution.
1. In a county whose population is 100,000 or more, the justice of the peace shall, on the commencement of any action or proceeding in the justice court for which a fee is required, and on the answer or appearance of any party in any such action or proceeding for which a fee is required, charge and collect a fee of not less than $5 but not more than $10 from the party commencing, answering or appearing in the action or proceeding. The fee required pursuant to this section is in addition to any other fee required by law.
2. On or before the fifth day of each month, the justice of the peace shall pay over to the county treasurer the amount of all fees collected by the justice of the peace pursuant to subsection 1 during the preceding month for credit to an account for dispute resolution in the county general fund. The money in that account must not be used for purposes other than the programs established pursuant to NRS 3.500 and 244.1607.
3. The board of county commissioners of any other county may impose by ordinance an additional filing fee of not more than $10 to be paid on the commencement of any action or proceeding in the justice court for which a fee is required and on the filing of any answer or appearance in any such action or proceeding for which a fee is required. On or before the fifth day of each month, in a county where this fee has been imposed, the justice of the peace shall account for and pay over to the county treasurer all fees collected during the preceding month pursuant to this subsection for credit to an account for dispute resolution in the county general fund. The money in the account must be used only to support a program established pursuant to NRS 3.500 or 244.1607.
(Added to NRS by 1991, 918; A 1993, 1213; 1997, 2361; 2015, 2551)
NRS 4.065 Additional fees: Imposition; disposition of proceeds.
1. The justice of the peace shall, on the commencement of any action or proceeding in the justice court for which a fee is required, and on the answer or appearance of any defendant in any such action or proceeding for which a fee is required, charge and collect a fee of $1 from the party commencing, answering or appearing in the action or proceeding. These fees are in addition to any other fee required by law.
2. On or before the fifth day of each month, the justice of the peace shall pay over to the county treasurer the amount of all fees collected by the justice of the peace pursuant to subsection 1 during the preceding month for credit to the State General Fund. Quarterly, the county treasurer shall remit all money so collected to the State Controller, who shall place the money in an account in the State General Fund for use by the Executive Director of the Department of Taxation to administer the provisions of NRS 360.283 and 360.289.
(Added to NRS by 1991, 327; A 1995, 925; 2001, 2907; 2011, 402; 2015, 2551)
NRS 4.071 Additional fees to offset costs of providing pro bono programs and free legal services to certain victims.
1. In addition to any other fee required by law, in each county that charges a fee pursuant to NRS 19.031 to offset a portion of the costs of providing legal services without a charge to indigent or elderly persons, a board of county commissioners may impose by ordinance a filing fee to offset a portion of the costs of providing pro bono programs and of providing legal services without a charge to abused or neglected children and victims of domestic violence to be remitted to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for programs for the indigent in an amount not to exceed $10 to be paid on the commencement of any action or proceeding in the justice court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required.
2. On or before the fifth day of each month, in a county in which a fee has been imposed pursuant to subsection 1, the justice of the peace shall account for and pay over to the county treasurer any such fees collected by the justice of the peace during the preceding month. The county treasurer shall remit quarterly to the organization to which the fees are to be paid pursuant to subsection 1 all the money received by the county treasurer from the justice of the peace.
3. Any fees collected pursuant to this section must be used for the benefit of the persons to whom the organization operating the program for legal services that receives money pursuant to this section provides legal services without a charge.
(Added to NRS by 2001, 2680; A 2005, 199; 2015, 2552)
NRS 4.073 Additional fees to offset costs of operating law library.
1. In addition to any other fee required by law, a board of county commissioners may impose by ordinance a filing fee to offset a portion of the costs of operating a law library established in that county by the board of county commissioners pursuant to NRS 380.010, in an amount not to exceed $8, to be paid on the commencement of any action or proceeding in the justice court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required.
2. On or before the fifth day of each month, in a county in which a fee has been imposed pursuant to subsection 1, the justice of the peace shall account for and pay over to the county treasurer any such fees collected by the justice of the peace during the preceding month. The county treasurer shall deposit the fees received into a special account administered by the county and maintained for the benefit of a law library established pursuant to NRS 380.010. The money in the account must be used only to support the operation of such a law library.
(Added to NRS by 2013, 2204)
NRS 4.075 Additional fees in certain smaller counties: Imposition; disposition of proceeds.
1. In a county whose population is less than 100,000, the board of county commissioners may, in addition to any other fee required by law, impose by ordinance a filing fee of not more than $10 to be paid on the commencement of any action or proceeding in the justice court for which a fee is required and on the filing of any answer or appearance in any such action or proceeding for which a fee is required.
2. On or before the fifth day of each month, in a county where a fee has been imposed pursuant to subsection 1, the justice of the peace shall account for and pay over to the county treasurer any such fees collected by the justice of the peace during the preceding month for credit to an account for programs for the prevention and treatment of alcohol and drug use disorders in the county general fund. The money in that account must be used only to support programs for the prevention or treatment of alcohol and drug use disorders which may include, without limitation, any program for the treatment of drug or alcohol use disorder, or both, established in a judicial district pursuant to NRS 176A.230.
(Added to NRS by 1997, 2361; A 2019, 4414)
NRS 4.080 Justice of the peace to charge only fees authorized by law. A justice of the peace shall not charge any fee that is not authorized by law.
[Part 17:49:1883; BH § 2358; C § 2482; RL § 2019; NCL § 2950]—(NRS A 1969, 411; 1991, 328; 1999, 1205)
NRS 4.090 Justice of the peace to keep record of fees charged. The justice of the peace shall keep in his or her office a fee book or electronic record in which he or she shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book or electronic record, as applicable, shall be open to public inspection.
[Part 18:49:1883; BH § 2359; C § 2483; RL § 2020; NCL § 2951]—(NRS A 2015, 2552)
NRS 4.100 Monthly financial statements.
1. On or before the 15th day of each month, a justice of the peace who receives fees pursuant to the provisions of NRS 4.060, 4.063 and 4.065 shall make out and file with the county official designated by the board of county commissioners of his or her county a full and correct statement of all fees or compensation, of whatever nature or kind, received in his or her official capacity during the preceding month. In the statement, the justice of the peace shall set forth the cause in which, and the services for which, such fees or compensation were received.
2. This section does not require personal attendance in filing statements, which may be transmitted by mail or otherwise directed to the county official designated by the board of county commissioners.
[Part 19:49:1883; BH § 2360; C § 2484; RL § 2021; NCL § 2952]—(NRS A 1991, 328, 918, 920; 1993, 1213; 2015, 2552)
NRS 4.120 Punishment for taking excessive fees. If any justice of the peace shall take more or greater fees than are allowed by law, the justice of the peace shall be liable to indictment, and on conviction shall be removed from office and fined in any sum not exceeding $1,000.
[Part 22:49:1883; BH § 2363; C § 2487; RL § 2024; NCL § 2955]
NRS 4.130 Table of fees to be posted. Any justice of the peace receiving fees as provided by law shall publish and set up by conventional or electronic means, in some conspicuous place in his or her office and on the Internet website of the justice court, a table of fees for public inspection.
[Part 23:49:1883; BH § 2364; C § 2488; RL § 2025; NCL § 2956]—(NRS A 2015, 2552)
NRS 4.140 Fees payable in advance; execution for fees due. All fees prescribed in NRS 4.060, 4.063 and 4.065 must be paid in advance, if demanded. If a justice of the peace has not received any or all of his or her fees, which are due the justice of the peace for services rendered by the justice of the peace in any suit or proceedings, the justice of the peace may have execution therefor in his or her own name against the party from whom they are due, to be issued from the court where the action is pending, upon the order of the justice of the peace or court upon affidavit filed.
[Part 25:49:1883; BH § 2366; C § 2490; RL § 2027; NCL § 2958]—(NRS A 1969, 411; 1991, 328, 919, 921; 1993, 1213)
NRS 4.150 Vacancy in office; duty of clerk of board of county commissioners.
1. If any vacancy occurs in the office of justice of the peace, the board of county commissioners shall either:
(a) Appoint a person to fill the vacancy pursuant to NRS 245.170; or
(b) Provide by resolution for an election procedure to fill the vacancy for the remainder of the unexpired term.
2. The clerk of the board of county commissioners of each county shall, within 10 days after a vacancy has occurred in the office of justice of the peace by resignation or otherwise, certify the fact of such vacancy to the Secretary of State.
[Part 31:108:1866; B § 2629; BH § 1666; C § 1812; RL § 2795; NCL § 4795] + [Part 49:108:1866; A 1933, 165; 1939, 146; 1931 NCL § 4813]—(NRS A 1975, 174; 1997, 1292)
NRS 4.155 Townships with more than one justice of the peace. In townships where more than one justice of the peace has been provided for by NRS 4.020, such justices of the peace shall have concurrent and coextensive jurisdiction within the territorial limits provided by law, and may make such rules, not inconsistent with law, as will enable them to transact judicial business in a convenient and lawful manner.
(Added to NRS by 1965, 1222; A 2023, 2605)
NRS 4.157 Chief justice of the peace in certain townships: Selection; duties.
1. The justices of the peace of each justice court having more than one justice of the peace shall choose from among those justices of the peace a chief justice of the peace who is to be the presiding judge of that court.
2. The chief justice of the peace shall:
(a) Assign cases to each justice of the peace of the justice court;
(b) Prescribe the hours of court;
(c) Adopt such other rules as are necessary for the orderly conduct of court business; and
(d) Perform all other duties of the chief justice of the peace or of the presiding judge of a justice court that are set forth in this chapter and any other provision of NRS.
(Added to NRS by 2017, 273; A 2023, 2606)
NRS 4.160 Number of justices of the peace where townships altered.
1. When any justice of the peace, in the formation of a new township, shall be brought within the limits thereof, he or she shall be one of the justices of the peace allowed to such new township, and shall continue in office until the expiration of the term for which he or she was elected.
2. If, by annexing a part of one township to another, there should be more than the proper number of justices within the limits of the township to which such addition shall have been made, any justice of the peace brought within such township shall, notwithstanding, hold and exercise his or her office therein until the expiration of his or her term of office, but no successor shall be elected to fill any vacancy in office which may be occasioned by the expiration of the term or otherwise.
3. Whenever any township, in consequence of a part being taken to form a new township, or to be annexed to any other township, shall be deprived of its proper number of justices of the peace, the vacancy thus produced shall be supplied as in other cases.
[19:108:1866; B § 2617; BH § 1654; C § 1800; RL § 2783; NCL § 4783] + [20:108:1866; B § 2618; BH § 1655; C § 1801; RL § 2784; NCL § 4784]
NRS 4.170 Duties of justices of the peace. The justices shall be conservators of the peace in their respective townships, and shall discharge such duties as may be prescribed by law.
[2:82:1861; B § 2974; BH § 2099; C § 2318; RL § 1689; NCL § 2189]
NRS 4.175 Report of certain statistical information to be submitted to Court Administrator. In the time and manner prescribed by the Supreme Court, the justice of the peace of a township or, if there is more than one justice of the peace of a township, a justice of the peace designated by mutual consent of the other justices of the peace of that township, shall submit to the Court Administrator a written report of the statistical information required pursuant to the uniform system for collecting and compiling statistical information regarding the State Court System which is prescribed by the Supreme Court.
(Added to NRS by 1999, 707; A 2015, 2553)
NRS 4.180 Power to take and certify acknowledgments and affidavits. Justices of the peace, within their respective townships, shall have power to take and certify:
1. The acknowledgment of conveyances and the satisfaction of a judgment of any court.
2. An affidavit to be used in any court of justice in this state.
[Part 63:19:1865; B § 968; BH § 2482; C § 2563; RL § 4883; NCL § 8425]
NRS 4.185 Use of facsimile signature: Conditions and restrictions.
1. Each justice of the peace may use a facsimile signature produced through a mechanical device in place of his or her handwritten signature whenever the necessity arises and upon approval of the Supreme Court, subject to the following conditions:
(a) That the mechanical device must be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
(b) That the use of the facsimile signature may be made only under the direction and supervision of the justice of the peace whose signature it represents.
(c) That the entire mechanical device must at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the device.
2. No facsimile signature produced through a mechanical device authorized by the provisions of this section may be combined with the signature of another officer.
(Added to NRS by 1989, 999)
NRS 4.190 Power to administer oaths or affirmations. Every justice of the peace shall have power to administer oaths or affirmations.
[Part 1911 CPA § 541; RL § 5483; NCL § 9030]
NRS 4.215 Justices of the peace in certain townships not to practice law. A justice of the peace in a township whose population is more than 75,000 may not act as attorney or counsel in any court except in an action or proceeding to which the justice of the peace is a party on the record.
(Added to NRS by 1979, 1286; A 1985, 223; 1989, 1907)
NRS 4.220 Unlawful to purchase judgments. It is unlawful for any justice of the peace of the same township, directly or indirectly, to purchase any judgment or any part thereof on the docket of such justice, or on any docket in his or her possession. For each offense, the justice of the peace shall be fined not more than $1,000.
[68:108:1866; B § 2666; BH § 1703; C § 1849; RL § 2821; NCL § 4821]—(NRS A 1979, 1458)
NRS 4.230 Docket entries. Every justice must keep a docket, by conventional or electronic means, in which the justice must enter:
1. The title of every action or proceeding.
2. The object of the action or proceeding; and if a sum of money be claimed, the amount thereof.
3. The date of the summons, and the time of its return; and if an order to arrest the defendant be made, or a writ of attachment be issued, a statement of the fact.
4. The time when the parties, or either of them, appear, or their nonappearance, if default be made; a minute of the pleadings and motions; if in writing, referring to them; if not in writing, a concise statement of the material parts of the pleading.
5. Every adjournment, stating on whose application and to what time.
6. The demand for a trial by jury, when the same is made, and by whom made, the order for the jury, and the time appointed for the return of the jury and for the trial.
7. The names of the jurors who appear and are sworn, and the names of all witnesses sworn, and at whose request.
8. The verdict of the jury, and when received; if the jury disagree and are discharged, the fact of such disagreement and discharge.
9. The judgment of the court, specifying the costs included, and the time when rendered.
10. The issuing of the execution, when issued and to whom; the renewals thereof, if any, and when made, and a statement of any money paid to the justice, when and by whom.
11. The receipt of a notice of appeal, if any be given, and of the appeal bond, if any be filed.
[1911 CPA § 858; RL § 5800; NCL § 9347]—(NRS A 1971, 1997; 2015, 2553)
NRS 4.235 Ruling that provision of Nevada Constitution or Nevada Revised Statutes is unconstitutional: Prevailing party to provide copy of ruling to Attorney General. If a justice court holds that a provision of the Nevada Constitution or the Nevada Revised Statutes violates a provision of the Nevada Constitution or the United States Constitution, the prevailing party in the proceeding shall provide a copy of the ruling to the Office of the Attorney General.
(Added to NRS by 2013, 820)
NRS 4.240 Entries in docket prima facie evidence of facts. The several particulars of NRS 4.230 specified must be entered under the title of the action to which they relate, and (unless otherwise in this chapter provided) at the time when they occur. Such entries in a justice’s docket, or a transcript thereof, certified by the justice, or the justice’s successor in office, are prima facie evidence of the facts so stated.
[1911 CPA § 859; RL § 5801; NCL § 9348]
NRS 4.260 Court records; disposition upon expiration of term. Every justice of the peace, upon the expiration of his or her term of office, must deposit with his or her successor the justice’s official dockets and all papers filed in his or her office, as well the justice’s own as those of the justice’s predecessors or any other which may be in the justice’s custody, to be kept as public records.
[1911 CPA § 861; RL § 5803; NCL § 9350]
NRS 4.270 Disposition of court records in case of vacancy. If the office of a justice becomes vacant by the justice’s death or removal from the township, or otherwise, before the justice’s successor is elected and qualified, the docket and papers in possession of such justice must be deposited in the office of some other justice in the township, to be by the other justice delivered to the successor of such justice. If there is no other justice in the township, then the docket and papers of such justice must be deposited in the office of the county clerk of the county, to be by the county clerk delivered to the successor in office of the justice.
[1911 CPA § 862; RL § 5804; NCL § 9351]
NRS 4.280 Jurisdiction of justice of the peace with whom docket is deposited. Any justice with whom the docket of his or her predecessor, or of any other justice, is deposited, has and may exercise over all actions and proceedings entered in such docket the same jurisdiction as if originally commenced before him or her. In case of the creation of a new county, or the change of the boundary between two counties, any justice into whose hands the docket of a justice formerly acting as such within the same territory may come, is, for the purposes of this section, considered the successor of such former justice.
[1911 CPA § 863; RL § 5805; NCL § 9352]
NRS 4.290 Successor defined. Repealed. (See chapter 33, Statutes of Nevada 2023, at page 165.)
NRS 4.300 Designation of succeeding justice of the peace. Repealed. (See chapter 33, Statutes of Nevada 2023, at page 165.)
NRS 4.310 Justice of the peace may issue subpoenas and final process to any part of county. Justices of the peace may issue subpoenas in any action or proceeding in the courts held by them, and final process on any judgment recovered therein, to any part of the county.
[1911 CPA § 866; RL § 5808; NCL § 9355]
NRS 4.320 Blanks must be filled in all papers issued by justice of the peace, except subpoenas. The summons, execution, and every other paper made or issued by a justice, except a subpoena, must be issued without a blank left to be filled by another; otherwise it is void.
[1911 CPA § 867; RL § 5809; NCL § 9356]
NRS 4.340 Temporary assistance for justice of the peace: Requirements; compensation and travel expenses.
1. Whenever any justice of the peace, in consequence of ill health, absence from his or her township, or other cause, is prevented from attending to his or her official duties, the justice of the peace shall, if necessary, invite any other qualified justice of the peace of the same or another county or appoint a person from the panel of substitute justices of the peace pursuant to NRS 4.032 to attend to his or her official duties, including those of registry agent. If the justice of the peace does not obtain another justice of the peace pursuant to this section and the justice of the peace fails or is unable to appoint a person from the panel of substitute justices of the peace pursuant to NRS 4.032, the board of county commissioners shall:
(a) In counties whose population is more than 100,000, appoint any other justice of the peace of the same or another county or a person from the panel of substitute justices of the peace pursuant to NRS 4.032 to attend to his or her official duties.
(b) In counties whose population is 100,000 or less, appoint any other justice of the peace of the same or another county or a person from the panel of substitute justices of the peace pursuant to NRS 4.032 or obtain a judge of a municipal court pursuant to NRS 4.345, to attend to his or her official duties.
Ê A temporary vacancy resulting from absence, disability or other cause must not be filled by another justice of the peace or a substitute justice of the peace for more than 30 days at any one time.
2. Whenever any justice of the peace, in consequence of having too many or too lengthy matters before him or her, is prevented from timely attention to his or her official duties, the justice of the peace may, with the consent of the board of county commissioners, invite any other duly qualified justice of the peace of the same or another county to attend to some or all of his or her official duties, including those of registry agent, for no more than 30 days at any one time.
3. A justice of the peace from another county temporarily acting in the place of another justice of the peace has no claim for services rendered by him or her pursuant to this section against the county in which the justice of the peace customarily serves. The justice of the peace is entitled to receive his or her necessary traveling expenses from the county in which he or she is invited to serve, together with any additional compensation authorized by the board of county commissioners of that county.
[1:101:1881; A 1885, 20; 1913, 9; 1949, 141; 1943 NCL § 8473]—(NRS A 1959, 43; 1979, 1367; 1983, 569; 1991, 14, 657)
NRS 4.345 Disqualification of justice of the peace in certain counties: Substitution of municipal judge. In counties whose population is 100,000 or less, if the justice of the peace is disqualified by reason of being a party to or interested in a proceeding pending in the justice court or of being related to the defendant, plaintiff or complaining witness in the proceeding by consanguinity or affinity within the third degree, or in any case of the justice’s sickness, absence or inability to act, and if a substitute justice of the peace has not been obtained pursuant to NRS 4.340 and a person has not been appointed from the panel of substitute justices of the peace pursuant to NRS 4.032, a judge of a municipal court of any city in the county may, on the written request of the chair of the board of county commissioners, serve in place of the justice of the peace.
(Added to NRS by 1979, 461; A 1983, 901; 1991, 657)
NRS 4.350 Clerk: Appointment; compensation; powers and duties.
1. The justices of the peace of each justice court where there is more than one justice of the peace shall appoint a clerk of the court, who may also be known as the justice court administrator. In a justice court where there is only one justice of the peace, the justice of the peace shall be deemed to be the clerk of the court unless the justice of the peace appoints another person as the clerk of the court.
2. The compensation of a clerk so appointed must be fixed by the board of county commissioners.
3. The clerk of the court may, under the direct supervision of the justice of the peace, administer oaths, take and certify affidavits and acknowledgments, issue process, enter suits on the docket, and do all clerical work in connection with the keeping of the records, files and dockets of the court, and shall perform any other duties in connection with the office as the justice of the peace prescribes.
[1:178:1941; 1931 NCL § 8475.10] + [1:164:1939; A 1943, 200; 1947, 607; 1949, 337; 1951, 173]—(NRS A 1959, 496; 1963, 287; 1965, 1221; 1985, 50; 1989, 1907; 1997, 4; 2011, 1134; 2023, 159)
NRS 4.353 Deputy marshal: Appointment; duties; qualifications; compensation.
1. Subject to the provisions of subsections 2, 4 and 10, in a county whose population is 700,000 or more, the justice of the peace for each justice court may appoint a deputy marshal for the court instead of a bailiff. The deputy marshal serves at the pleasure of the justice of the peace that the deputy marshal serves.
2. In all townships where there is more than one justice of the peace, there may be a number of deputy marshals at least equal to the number of justices of the peace. If the justices of the peace cannot agree upon the appointment of any deputy marshal within 30 days after a vacancy occurs in the office of deputy marshal, the appointment must be made by a majority of the board of county commissioners.
3. Each deputy marshal shall:
(a) Preserve order in the court.
(b) Open and close court.
(c) Perform other such duties as may be required of the deputy marshal by the justice of the peace of the court.
4. The deputy marshal must be a qualified elector of the county and shall give bond, to be approved by the justice of the peace, in the sum of $2,000, conditioned for the faithful performance of his or her duty.
5. The compensation of each deputy marshal for his or her services must be fixed by the board of county commissioners of the county and the deputy marshal’s salary paid by the county wherein he or she is appointed, the same as the salaries of other county officers are paid.
6. The board of county commissioners of the respective counties shall allow the salary stated in subsection 5 as other salaries are allowed to county officers, and the county auditor shall draw his or her warrant for it, and the county treasurer shall pay it.
7. The provisions of this section do not authorize the deputy marshal to serve any civil or criminal process, except such orders of the court which are specially directed by the court or the presiding justice of the peace thereof to the deputy marshal for service.
8. If a deputy marshal is appointed for a court pursuant to subsection 1, each session of the court must be attended by the deputy marshal.
9. For good cause shown, a deputy marshal appointed for a court pursuant to subsection 1 may be assigned temporarily to assist other justice courts or assist with court administration as needed.
10. A person appointed to be a deputy marshal pursuant to subsection 1 must be certified by the Peace Officers’ Standards and Training Commission as a category I peace officer not later than 18 months after appointment.
(Added to NRS by 2007, 2190; A 2011, 1135)
NRS 4.355 Referee: Conditions for appointment; qualifications; powers and duties; decisions; compensation.
1. A justice of the peace in a township whose population is 40,000 or more may appoint a referee to take testimony and recommend orders and a judgment:
(a) In any action filed pursuant to NRS 73.010;
(b) In any action filed pursuant to NRS 33.200 to 33.360, inclusive;
(c) In any action for a misdemeanor constituting a violation of chapters 484A to 484E, inclusive, of NRS, except NRS 484C.110 or 484C.120;
(d) In any action for a misdemeanor constituting a violation of a county traffic ordinance; or
(e) In any action to determine whether a person has committed a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive.
2. The referee must meet the qualifications of a justice of the peace as set forth in NRS 4.010.
3. The referee:
(a) Shall take testimony;
(b) Shall make findings of fact, conclusions of law and recommendations for an order or judgment;
(c) May, subject to confirmation by the justice of the peace, enter an order or judgment; and
(d) Has any other power or duty contained in the order of reference issued by the justice of the peace.
4. The findings of fact, conclusions of law and recommendations of the referee must be furnished to each party or his or her attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 5 days after receipt of the findings of fact, conclusions of law and recommendations, a party may file a written objection. If no objection is filed, the court shall accept the findings, unless clearly erroneous, and the judgment may be entered thereon. If an objection is filed within the 5-day period, the justice of the peace shall review the matter by trial de novo, except that if all of the parties so stipulate, the review must be confined to the record.
5. A referee must be paid one-half of the hourly compensation of a justice of the peace.
(Added to NRS by 1989, 378; A 1991, 47; 2001, 2849; 2005, 160; 2009, 1875; 2015, 945; 2021, 3345)
NRS 4.357 Master: Conditions for appointment; qualifications; duties; compensation.
1. In any county in which the appointment of masters by a justice court is authorized by the board of county commissioners, the local rules of practice adopted in a justice court within the county may authorize the appointment of one or more masters to perform certain duties that the Supreme Court has approved. If the justice court elects to appoint a master or masters, the local rules of practice adopted in that court must set forth the selection process for choosing a master.
2. A master appointed pursuant to subsection 1 must possess qualifications that are equal to or greater than the qualifications required of the justice of the peace for the township in which the master is appointed as set forth in NRS 4.010.
3. The Supreme Court shall provide by rule for a course of instruction in the elements of substantive law relating to the duties of any master appointed pursuant to subsection 1. A master appointed pursuant to subsection 1 may not perform any duties of a master until he or she has completed the course of instruction described in this subsection.
4. A master appointed pursuant to subsection 1 may not preside over:
(a) Any trial for a misdemeanor constituting:
(1) An act of domestic violence pursuant to NRS 33.018; or
(2) A violation of NRS 484B.657, 484C.110 or 484C.120; or
(b) Any preliminary hearing for a gross misdemeanor or felony.
5. A person appointed as a master must take and subscribe to the official oath before acting as a master.
6. A master is entitled to receive a salary or a per diem salary set by the board of county commissioners. The annual sum expended for salaries of masters must not exceed the amount budgeted for those expenses by the board of county commissioners.
(Added to NRS by 2009, 512)
NRS 4.360 Denomination of court; court always open; where held. The courts held by justices of the peace are denominated justice courts. Justice courts have no terms and must always be open. Except as otherwise provided in subsections 3 and 5 of NRS 1.050, justice courts must be held in their respective townships.
[Part 1911 CPA § 772; A 1913, 359; NCL § 9261]—(NRS A 2015, 980)
NRS 4.365 Small claims: Supplies and postage; duties of boards of county commissioners.
1. A justice of the peace shall in the manner provided by law make and file a claim against the county to reimburse the justice of the peace for moneys expended for postage stamps and charges of the post office for registered or certified mail incurred in connection with the duties prescribed in chapter 73 of NRS and by rules of court for small claims actions. The claims shall be acted upon by the board of county commissioners in the same manner as other claims presented to the board.
2. The board of county commissioners of every county shall furnish to every justice of the peace in their county a reasonable supply of the various blank forms required in small claims actions, and also all forms, docket book and stationery necessary for the use of the justice in complying with the provisions of chapter 73 of NRS and the rules of court.
[1911 CPA § 874m; added 1923, 260; R 1927, 297; added 1927, 297; NCL § 9376] + [Part 1911 CPA § 874n; added 1923, 260; R 1927, 297; added 1927, 297; A 1951, 174]—(NRS A 1969, 95, 411)
1. Except as otherwise provided in subsection 2, justice 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 $15,000.
(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 $15,000.
(c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $15,000, 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 $15,000, 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 $15,000.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $15,000.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $15,000 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 $15,000 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 $15,000.
(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 $15,000.
(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 $15,000.
(l) In actions for a civil penalty imposed for a violation of NRS 484D.680.
(m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence pursuant to NRS 33.020. A justice court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domestic violence:
(1) In a county whose population is 100,000 or more and less than 700,000;
(2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more;
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court; or
(4) Where the adverse party against whom the order is sought is under 18 years of age.
(n) Except as otherwise provided in this paragraph, in any action for the issuance of an emergency or extended order for protection against high-risk behavior pursuant to NRS 33.570 or 33.580. A justice court does not have jurisdiction in an action for the issuance of an emergency or extended order for protection against high-risk behavior:
(1) In a county whose population is 100,000 or more but less than 700,000;
(2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more;
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court; or
(4) Where the adverse party against whom the order is sought is under 18 years of age.
(o) 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, where the adverse party against whom the order is sought is 18 years of age or older.
(p) In small claims actions under the provisions of chapter 73 of NRS.
(q) In actions to contest the validity of liens on mobile homes or manufactured homes.
(r) 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 where the adverse party against whom the order is sought is 18 years of age or older.
(s) In any action pursuant to NRS 200.378 for the issuance of a protective order against a person alleged to have committed the crime of sexual assault where the adverse party against whom the order is sought is 18 years of age or older.
(t) In actions transferred from the district court pursuant to NRS 3.221.
(u) In any action for the issuance of a temporary or extended order pursuant to NRS 33.400.
(v) In any action seeking an order pursuant to NRS 441A.195.
(w) In any action to determine whether a person has committed a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive.
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. Justice courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. A justice court may, upon approval of the district court, transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established:
(a) By the district court pursuant to:
(1) NRS 176A.250, if the justice court:
(I) Has not established its own program pursuant to that section; or
(II) Determines that the transfer is appropriate and necessary; or
(2) NRS 176A.280, if the justice court has not established its own program pursuant to that section; or
(b) Pursuant to NRS 433A.335, if the offender is eligible to receive assisted outpatient treatment pursuant to that section.
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. A justice of the peace may conduct a pretrial release hearing:
(a) For a person located outside of the township of the justice of the peace.
(b) Pursuant to an interlocal agreement, in a municipal court.
6. Each justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
[Part 1911 CPA § 772; A 1913, 359; NCL § 9261] + [31:19:1865; B § 936; BH § 2450; C § 2531; RL § 4851; NCL § 8393] + [1911 Cr. Prac. § 620; RL § 7470; NCL § 11267]—(NRS A 1961, 423; 1963, 882; 1979, 1650, 1724; 1981, 10, 173, 469, 728; 1985, 1621, 1970, 2287; 1987, 103; 1989, 13; 1991, 325, 1722, 2176; 1993, 512, 602, 1380; 1995, 565; 2001, 2849; 2001 Special Session, 256; 2003, 312, 319, 419, 808, 849; 2005, 506; 2007, 58; 2009, 109, 231; 2011, 1136; 2013, 597; 2015, 945; 2017, 3023; 2019, 3949; 2021, 598, 606, 2230, 3346; 2023, 160, 1741, 1796, 2506)
NRS 4.371 Effect of transfer of original jurisdiction from district court to justice court. If an action is transferred from the district court to the justice court pursuant to NRS 3.221:
1. The transfer of the action shall not be deemed to constitute the filing of a new action in the justice court, and a party to the action may not be required to pay a new filing fee to the justice 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.
(Added to NRS by 2003, 419)
NRS 4.3713 Transfer of original jurisdiction of criminal case to another justice court or municipal court.
1. A justice court may, on its own motion, transfer original jurisdiction of a criminal case filed with that court to another justice court or a municipal court if:
(a) The case involves criminal conduct that occurred outside the limits of the county or township where the court is located;
(b) Such a transfer is necessary to promote access to justice for the defendant and the justice court has noted its findings concerning that issue in the record;
(c) The defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.230, 176A.250 or 176A.280, or to access other services located elsewhere in this State; or
(d) All the justices of the peace in the justice court have either recused themselves or been disqualified from presiding over the case.
2. A justice court may not issue an order for the transfer of a case pursuant to paragraph (c) of subsection 1 until a plea agreement has been reached or the final disposition of the case, whichever occurs first.
3. An order issued by a justice court which transfers a case pursuant to this section becomes effective after a notice of acceptance is returned by the justice court or municipal court to which the case was transferred. If a justice court or municipal court refuses to accept the transfer of a case pursuant to subsection 1, the case must be returned to the justice court which sought the transfer.
(Added to NRS by 2017, 297; A 2019, 4414; 2023, 162)
NRS 4.3715 Transfer of original jurisdiction of criminal case to district court.
1. A justice court may, on its own motion, transfer original jurisdiction of a criminal case filed with that court to a district court in this State if the defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.230, 176A.250 or 176A.280, or to access other services located elsewhere in this State.
2. A justice court may not issue an order for the transfer of a case pursuant to this section before a plea agreement has been reached or the disposition of the case, whichever occurs first.
3. An order issued by a justice court which transfers a case pursuant to this section becomes effective after a notice of acceptance is returned by the district court to which the case was transferred. If a district court refuses to accept the transfer of a case pursuant to subsection 1, the case must be returned to the justice court which sought the transfer.
(Added to NRS by 2017, 297; A 2019, 4415)
NRS 4.372 Administration of program of supervision for persons with suspended sentences or persons sentenced to residential confinement.
1. If the county in which a justice court is situated has a department of alternative sentencing, the chief of that department shall administer a program of supervision for persons whose sentences have been suspended pursuant to NRS 4.373 or who are sentenced to a term of residential confinement pursuant to NRS 4.3762.
2. If the county in which the justice court is situated does not have a department of alternative sentencing and:
(a) Any city located within the county in which the justice court is situated has a department of alternative sentencing:
(1) The chief of the department of alternative sentencing of such a city may administer the program of supervision; or
(2) If the chief of the department of alternative sentencing of such a city does not wish to administer the program of supervision, the justice court may contract with a qualified person to administer the program of supervision.
(b) No city located within the county in which the justice court is situated has a department of alternative sentencing, the justice court may contract with a qualified person to administer the program of supervision.
(Added to NRS by 1987, 2231; A 1995, 873; 2009, 2258)
NRS 4.373 Suspension of sentence; conditions of suspension; reduction of sentence; arrest for violation of condition of suspension.
1. Except as otherwise provided in subsections 2 and 3, NRS 211A.127 or another specific statute, or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 2 years, the sentence or a portion thereof of a person convicted of a misdemeanor. If the circumstances warrant, the justice of the peace may order as a condition of suspension, without limitation, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of community service, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity;
(f) Engage or refrain from engaging in any other conduct, or comply with any other condition, deemed appropriate by the justice of the peace;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for alcohol or drug use disorder, or both, which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258; or
(c) The programs set forth in paragraphs (a) and (b),
Ê and that the person comply with any other condition of suspension ordered by the justice of the peace.
3. Except as otherwise provided in this subsection, if a customer of a prostitute is convicted of a misdemeanor that constitutes solicitation for prostitution pursuant to NRS 201.354 or paragraph (b) of subsection 1 of NRS 207.030, the justice of the peace may suspend the sentence for not more than 2 years upon the condition that the person:
(a) Actively participate in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services; and
(b) Comply with any other condition of suspension ordered by the justice of the peace.
Ê The justice of the peace may not suspend the sentence of a person pursuant to this subsection if the person has previously participated in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
4. The justice of the peace may order reports from a person whose sentence is suspended at such times as the justice of the peace deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
5. The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
(Added to NRS by 1987, 1134; A 1989, 198; 1997, 34, 1475, 1804; 1999, 486, 1381, 1876; 2001, 87, 428; 2001 Special Session, 121; 2005, 65; 2017, 1650, 2449; 2019, 4415; 2021, 3123)
NRS 4.374 Determination if defendant is veteran or member of military; alternative program of treatment.
1. As soon as possible after a defendant is arrested or cited, the justice of the peace shall attempt to determine whether the defendant is a veteran or a member of the military and, if so, whether the defendant meets the qualifications of subsection 1 of NRS 176A.280.
2. Before accepting a plea from a defendant or proceeding to trial, the justice of the peace shall:
(a) Address the defendant personally and ask the defendant if he or she is a veteran or a member of the military; and
(b) Determine whether the defendant meets the qualifications of subsection 1 of NRS 176A.280.
3. If the defendant meets the qualifications of subsection 1 of NRS 176A.280, the justice court may, if the justice court has not established a program pursuant to NRS 176A.280 and, if appropriate, take any action authorized by law for the purpose of having the defendant assigned to:
(a) A program of treatment established pursuant to NRS 176A.280; or
(b) If a program of treatment established pursuant to NRS 176A.280 is not available for the defendant, a program of treatment established pursuant to NRS 176A.230 or 176A.250.
4. As used in this section:
(a) “Member of the military” has the meaning ascribed to it in NRS 176A.043.
(b) “Veteran” has the meaning ascribed to it in NRS 176A.090.
(Added to NRS by 2009, 109; A 2017, 3024; 2019, 4416)
NRS 4.375 Power to order restitution for embezzled property. As part of the sentence for a violation of NRS 205.300, a justice of the peace may order that the person convicted of the offense make restitution to the owner of the property embezzled, at the times and in the amounts specified in the order.
(Added to NRS by 1985, 979)
NRS 4.3755 Restitution paid by defendant convicted of misdemeanor: Collection; disbursement.
1. If a justice of the peace orders a defendant who is convicted of a misdemeanor to make restitution to a person named in the order, the justice court or the county in which the justice court is located shall collect the restitution paid by the defendant.
2. All money for restitution collected by a justice court or county pursuant to subsection 1 must be paid to the person named in the order in the manner set forth in the order.
3. If a justice court or county that has collected money for restitution pursuant to subsection 1 cannot, after a good faith effort, locate the person named in the order, it shall deposit the money in a fund for the compensation of victims of crime created by the office of the district attorney of the county in which the court is located.
(Added to NRS by 1999, 120)
RESIDENTIAL CONFINEMENT
NRS 4.376 “Residential confinement” defined. As used in NRS 4.376 to 4.3766, inclusive, “residential confinement” means the confinement of a person convicted of a misdemeanor to the person’s place of residence under the terms and conditions established by the sentencing court.
(Added to NRS by 1987, 2230)
NRS 4.3762 Power to order; conditions of sentence; maximum term; arrest for violation of condition.
1. Except as otherwise provided in subsection 7, in lieu of imposing any punishment other than a minimum sentence required by statute, a justice of the peace may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the justice of the peace shall consider the criminal record of the convicted person and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the justice of the peace shall:
(a) Require the convicted person to be confined to his or her residence during the time the convicted person is away from his or her employment, public service or other activity authorized by the justice of the peace; and
(b) Require enhanced supervision of the convicted person, including, without limitation, electronic surveillance and unannounced visits to his or her residence or other locations where the convicted person is expected to be to determine whether the convicted person is complying with the terms of his or her sentence.
3. In sentencing a convicted person to a term of residential confinement, the justice of the peace may, when the circumstances warrant, require the convicted person to submit to:
(a) A search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(b) Periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
4. Except as otherwise provided in subsection 5, an electronic device may be used to supervise a convicted person sentenced to a term of residential confinement. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the location of the person, including, but not limited to, the transmission of still visual images which do not concern the activities of the person, and producing, upon request, reports or records of the person’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the activities of the person,
Ê must not be used.
5. An electronic device must be used in the manner set forth in subsection 4 to supervise a person who is sentenced pursuant to paragraph (b) of subsection 1 of NRS 484C.400 for a second violation within 7 years of driving under the influence of intoxicating liquor or a controlled substance.
6. A term of residential confinement, together with the term of any minimum sentence required by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
7. The justice of the peace shall not sentence a person convicted of committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement in lieu of imprisonment unless the justice of the peace makes a finding that the person is not likely to pose a threat to the victim of the battery.
8. The justice of the peace may issue a warrant for the arrest of a convicted person who violates or fails to fulfill a condition of residential confinement.
(Added to NRS by 1987, 2230; A 1991, 56, 1725; 1993, 1500; 1997, 1476, 1805, 3360; 1999, 669, 675, 2141; 2015, 351; 2021, 2431)
NRS 4.3764 Establishment and modification of terms and conditions.
1. In sentencing a person to a term of residential confinement, a justice of the peace may establish the terms and conditions of that confinement.
2. The justice of the peace may, at any time, modify the terms and conditions of the residential confinement.
3. The justice of the peace shall cause a copy of his or her order to be delivered to the convicted person and the local law enforcement agency.
(Added to NRS by 1987, 2230)
NRS 4.3766 Violation of terms and conditions. If it is determined that the convicted person violated any term or condition of the convicted person’s residential confinement, the sentence may be rescinded, modified or continued. If it is rescinded, another punishment authorized by law must be imposed.
(Added to NRS by 1987, 2231)
SOUND RECORDING
NRS 4.390 Required for certain proceedings. Proceedings in each justice court must be recorded by using sound recording equipment except where the board of county commissioners of the county in which the court is located authorizes, and the justice of the peace appoints, a certified court reporter to take down the proceedings in the same manner and with the same effect as in a district court.
(Added to NRS by 1979, 1511; A 1993, 1410)
NRS 4.400 Operation of equipment; transcription of recordings; use of transcript.
1. Each justice of the peace shall appoint and, with the approval of the board of county commissioners, fix the compensation of a suitable person, who need not be a certified court reporter and may have other responsibilities in the court to operate the sound recording equipment. The person so appointed shall subscribe to an oath that the person will so operate it as to record all of the proceedings.
2. The justice of the peace may designate the same or another person to transcribe the recording into a written transcript. The person so designated shall subscribe to an oath that the person has correctly transcribed it. The transcript may be used for all purposes for which transcripts are used and is subject to correction in the same manner as other transcripts.
(Added to NRS by 1979, 1511; A 1993, 1410)
NRS 4.410 Compensation for preparing transcript.
1. If the person designated to transcribe the proceedings is:
(a) Regularly employed as a public employee, the person is not entitled to additional compensation for preparing the transcript.
(b) Not regularly employed as a public employee and not a certified court reporter, the person is entitled to such compensation for preparing the transcript as the board of county commissioners determines.
(c) A certified court reporter, the person is entitled to the same compensation as set forth in NRS 3.370.
2. The compensation for transcripts and copies must be paid by the party ordering them. In a civil case, the preparation of the transcript need not commence until the compensation has been deposited with the court reporter.
(Added to NRS by 1979, 1511; A 1985, 51; 1987, 910; 1993, 1410; 2005, 190; 2011, 674)
NRS 4.420 Preservation; destruction.
1. Except as otherwise provided in this section:
(a) The sound recording of each proceeding in justice court must be preserved until at least 1 year after the time for filing an appeal expires.
(b) With respect to a proceeding in justice court that involves a misdemeanor for which enhanced penalties may be imposed, a gross misdemeanor or a felony, the sound recording of the proceeding must be preserved for at least 8 years after the time for filing an appeal expires.
2. If no appeal is taken, the justice of the peace may order the destruction of the recording at any time after the date specified in subsection 1.
3. If there is an appeal to the district court, the sound recording must be preserved until at least 30 days after final disposition of the case on appeal, but the justice of the peace may order the destruction of the recording at any time after that date.
(Added to NRS by 1979, 1512; A 2011, 674)