[Rev. 6/29/2024 2:51:46 PM--2023]

CHAPTER 65 - PARTIES

NRS 65.010             Appointment of guardian ad litem.

NRS 65.020             Action not to abate by death of any party after verdict.

NRS 65.030             Intervention: Right to intervene; procedure; determination and costs; exception.

NRS 65.040             Indigent litigants: Waiver of costs and official fees.

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      NRS 65.010  Appointment of guardian ad litem.  When a guardian ad litem is appointed by the justice, the guardian ad litem must be appointed as follows:

      1.  If the infant, insane or incapacitated person be plaintiff, the appointment must be made before the summons is issued, upon the application of the infant, if the infant be of the age of 14 years; if under that age, or if insane or incapacitated, upon the application of a relative or friend.

      2.  If the infant, insane or incapacitated person be defendant, the appointment must be made at the time the summons is returned or before the answer, upon the application of the infant, if the infant be of the age of 14 years, and apply at the time or before the summons is returned; if the infant be under the age of 14, or be insane or incapacitated, or neglect so to apply, then upon the application of a relative or friend, or any other party to the action, or by the justice on the motion of the justice.

      [Part 1911 CPA § 784; RL § 5726; NCL § 9273]

      NRS 65.020  Action not to abate by death of any party after verdict.  After verdict shall have been rendered in any action for a wrong, such action shall not abate by the death of any party, but the case shall proceed thereafter in the same manner as in cases where the cause of action now survives by law.

      [Part 1911 CPA § 62; RL § 5004; NCL § 8561]

      NRS 65.030  Intervention: Right to intervene; procedure; determination and costs; exception.

      1.  Except as otherwise provided in subsection 2:

      (a) Before the trial, any person may intervene in an action or proceeding, who has an interest in the matter in litigation, in the success of either of the parties, or an interest against both.

      (b) An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant; and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court and served upon the parties to the action or proceeding who have not appeared, and upon the attorneys of the parties who have appeared, who may answer or demur to it as if it were an original complaint.

      (c) The court shall determine upon the intervention at the same time that the action is decided. If the claim of the party intervening is not sustained the party intervening shall pay all costs incurred by the intervention.

      2.  The provisions of this section do not apply to intervention in an action or proceeding by the Legislature pursuant to NRS 218F.720.

      [1911 CPA § 64; RL § 5006; NCL § 8563]—(NRS A 2009, 1567)

      NRS 65.040  Indigent litigants: Waiver of costs and official fees.  The provisions of NRS 12.015 apply to justice courts.

      (Added to NRS by 1967, 1210)