[Rev. 11/21/2013 9:03:57 AM--2013]

CHAPTER 53 - AFFIDAVITS; FOREIGN DEPOSITIONS

AFFIDAVITS

NRS 53.010             Persons before whom affidavits may be taken for use in this State.

NRS 53.020             Taking of affidavits in other states and territories for use in this State.

NRS 53.030             Certification of signature of officer to affidavit taken in another state or territory.

NRS 53.040             Taking of affidavits in foreign countries.

NRS 53.045             Use of unsworn declaration in lieu of affidavit or other sworn declaration; exception.

INTERSTATE DEPOSITIONS AND DISCOVERY (UNIFORM ACT)

NRS 53.100             Short title.

NRS 53.110             Definitions.

NRS 53.120             “Foreign jurisdiction” defined.

NRS 53.130             “Foreign subpoena” defined.

NRS 53.140             “Person” defined.

NRS 53.150             “State” defined.

NRS 53.160             “Subpoena” defined.

NRS 53.170             Request for issuance of subpoena; duties of clerk of court; contents of subpoena.

NRS 53.180             Service and enforcement of subpoena.

NRS 53.190             Application to court for protective order or for enforcement, quashing or modification of subpoena.

NRS 53.200             Uniformity of application and construction.

UNSWORN FOREIGN DECLARATIONS (UNIFORM ACT)

NRS 53.250             Short title.

NRS 53.260             Definitions.

NRS 53.270             “Boundaries of the United States” defined.

NRS 53.280             “Law” defined.

NRS 53.290             “Record” defined.

NRS 53.300             “Sign” defined.

NRS 53.310             “State” defined.

NRS 53.320             “Sworn declaration” defined.

NRS 53.330             “Unsworn declaration” defined.

NRS 53.340             Applicability.

NRS 53.350             Validity of unsworn declaration.

NRS 53.360             Medium of unsworn declaration.

NRS 53.370             Form of unsworn declaration.

NRS 53.380             Uniformity of application and construction.

NRS 53.390             Effect of Uniform Unsworn Foreign Declarations Act on federal Electronic Signatures in Global and National Commerce Act.

_________

AFFIDAVITS

      NRS 53.010  Persons before whom affidavits may be taken for use in this State.  An affidavit to be used before any court, judge or officer of this State may be taken before any justice, judge or clerk of any court, or any justice of the peace or notary public in this State.

      [1911 CPA § 508; RL § 5450; NCL § 8997]

      NRS 53.020  Taking of affidavits in other states and territories for use in this State.  An affidavit taken in another state or in a territory of the United States to be used in this State shall be taken before a commissioner appointed by the Governor of this State to take affidavits and depositions in such other state or territory, or before any notary public or judge of a court of record having a seal.

      [1911 CPA § 509; RL § 5451; NCL § 8998]

      NRS 53.030  Certification of signature of officer to affidavit taken in another state or territory.  When an affidavit is taken before a judge of a court in another state or in a territory of the United States, the genuineness of the signature of the judge, the existence of the court, and the fact that such judge is a member thereof shall be certified by the clerk of the court, under the seal thereof.

      [1911 CPA § 511; A 1933, 140; 1931 NCL § 9000]

      NRS 53.040  Taking of affidavits in foreign countries.  An affidavit taken in a foreign country to be used in this State shall be taken before an ambassador, minister, consul, vice consul or other consular agent of the United States, or any notary public or other person authorized by the laws of such country to administer oaths, or before any judge of a court of record of such foreign country, with the seal of the court attached, if there be one, and if there be none, then with a statement attached by the judge or clerk of the court to the effect that the court has no seal.

      [1911 CPA § 510; A 1923, 136; 1933, 140; 1931 NCL § 8999]

      NRS 53.045  Use of unsworn declaration in lieu of affidavit or other sworn declaration; exception.  Any matter whose existence or truth may be established by an affidavit or other sworn declaration may be established with the same effect by an unsworn declaration of its existence or truth signed by the declarant under penalty of perjury, and dated, in substantially the following form:

 

       1.  If executed in this State: “I declare under penalty of perjury that the foregoing is true and correct.”

 

       Executed on..................................................                                                           

                                            (date)                                               (signature)

 

       2.  Except as otherwise provided in NRS 53.250 to 53.390, inclusive, if executed outside this State: “I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct.”

 

       Executed on..................................................                                                           

                                            (date)                                               (signature)

 

      (Added to NRS by 1993, 2741; A 2001, 2349; 2011, 15)

INTERSTATE DEPOSITIONS AND DISCOVERY (UNIFORM ACT)

      NRS 53.100  Short title.  The provisions of NRS 53.100 to 53.200, inclusive, may be cited as the Uniform Interstate Depositions and Discovery Act.

      (Added to NRS by 2011, 11)

      NRS 53.110  Definitions.  As used in NRS 53.100 to 53.200, inclusive, unless the context otherwise requires, the words and terms defined in NRS 53.120 to 53.160, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2011, 11)

      NRS 53.120  “Foreign jurisdiction” defined.  “Foreign jurisdiction” means a state other than this State.

      (Added to NRS by 2011, 11)

      NRS 53.130  “Foreign subpoena” defined.  “Foreign subpoena” means a subpoena issued under the authority of a court of record of a foreign jurisdiction.

      (Added to NRS by 2011, 11)

      NRS 53.140  “Person” defined.  “Person” means a natural person, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

      (Added to NRS by 2011, 11)

      NRS 53.150  “State” defined.  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

      (Added to NRS by 2011, 12)

      NRS 53.160  “Subpoena” defined.  “Subpoena” means a document, however denominated, issued under the authority of a court of record requiring a person to:

      1.  Attend and give testimony at a deposition;

      2.  Produce and permit the inspection and copying of designated books, documents, records, electronically stored information or tangible things in the possession, custody or control of the person; or

      3.  Permit the inspection of premises under the control of the person.

      (Added to NRS by 2011, 12)

      NRS 53.170  Request for issuance of subpoena; duties of clerk of court; contents of subpoena.

      1.  To request the issuance of a subpoena pursuant to this section, a party must submit a foreign subpoena to the clerk of a court in the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena pursuant to this section does not constitute an appearance in the courts of this State.

      2.  When a party submits a foreign subpoena to the clerk of a court in this State, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

      3.  A subpoena issued pursuant to subsection 2 must:

      (a) Incorporate the terms used in the foreign subpoena; and

      (b) Contain or be accompanied by the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

      (Added to NRS by 2011, 12)

      NRS 53.180  Service and enforcement of subpoena.  A subpoena issued by the clerk of a court pursuant to NRS 53.170 must be served and enforced in compliance with Rule 45 of the Nevada Rules of Civil Procedure or Rule 45 of the Justice Court Rules of Civil Procedure.

      (Added to NRS by 2011, 12)

      NRS 53.190  Application to court for protective order or for enforcement, quashing or modification of subpoena.  An application to a court for a protective order or to enforce, quash or modify a subpoena issued by the clerk of the court pursuant to NRS 53.170 must comply with all applicable rules of court and laws of this State and be submitted to the court in the county in which discovery is to be conducted.

      (Added to NRS by 2011, 12)

      NRS 53.200  Uniformity of application and construction.  In applying and construing the Uniform Interstate Depositions and Discovery Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      (Added to NRS by 2011, 12)

UNSWORN FOREIGN DECLARATIONS (UNIFORM ACT)

      NRS 53.250  Short title.  The provisions of NRS 53.250 to 53.390, inclusive, may be cited as the Uniform Unsworn Foreign Declarations Act.

      (Added to NRS by 2011, 13)

      NRS 53.260  Definitions.  As used in NRS 53.250 to 53.390, inclusive, unless the context otherwise requires, the words and terms defined in NRS 53.270 to 53.330, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2011, 13)

      NRS 53.270  “Boundaries of the United States” defined.  “Boundaries of the United States” means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory or insular possession subject to the jurisdiction of the United States.

      (Added to NRS by 2011, 13)

      NRS 53.280  “Law” defined.  “Law” includes the Constitution of the United States, a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order and an administrative rule, regulation or order.

      (Added to NRS by 2011, 13)

      NRS 53.290  “Record” defined.  “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

      (Added to NRS by 2011, 13)

      NRS 53.300  “Sign” defined.  “Sign” means, with present intent to authenticate or adopt a record:

      1.  To execute or adopt a tangible symbol; or

      2.  To attach to or logically associate with the record an electronic symbol, sound or process.

      (Added to NRS by 2011, 13)

      NRS 53.310  “State” defined.  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

      (Added to NRS by 2011, 14)

      NRS 53.320  “Sworn declaration” defined.  “Sworn declaration” means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate and affidavit.

      (Added to NRS by 2011, 14)

      NRS 53.330  “Unsworn declaration” defined.  “Unsworn declaration” means a declaration in a signed record that is not given under oath but is given under penalty of perjury.

      (Added to NRS by 2011, 14)

      NRS 53.340  Applicability.  The provisions of NRS 53.250 to 53.390, inclusive, apply to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States, whether or not the location is subject to the jurisdiction of the United States. NRS 53.250 to 53.390, inclusive, do not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.

      (Added to NRS by 2011, 14)

      NRS 53.350  Validity of unsworn declaration.

      1.  Except as otherwise provided in subsection 2, if a law of this State requires or permits the use of a sworn declaration, an unsworn declaration meeting the requirements of NRS 53.250 to 53.390, inclusive, has the same effect as a sworn declaration.

      2.  The provisions of NRS 53.250 to 53.390, inclusive, do not apply to:

      (a) A deposition;

      (b) An oath of office;

      (c) An oath required to be given before a specified official other than a notary public;

      (d) A document intended to be recorded pursuant to chapter 111 of NRS; or

      (e) A self-proving declaration or affidavit signed pursuant to NRS 133.050 or 133.055.

      (Added to NRS by 2011, 14)

      NRS 53.360  Medium of unsworn declaration.  If a law of this State requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.

      (Added to NRS by 2011, 14)

      NRS 53.370  Form of unsworn declaration.  An unsworn declaration under NRS 53.250 to 53.390, inclusive, must be in substantially the following form:

 

       I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory or insular possession subject to the jurisdiction of the United States.

 

       Executed on the _____ (date) day of ________ (month), _______ (year), at ___________________________ (city or other location and state), __________ (country).

 

      

       (printed name)

 

      

       (signature)

 

      (Added to NRS by 2011, 14)

      NRS 53.380  Uniformity of application and construction.  In applying and construing NRS 53.250 to 53.390, inclusive, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      (Added to NRS by 2011, 15)

      NRS 53.390  Effect of Uniform Unsworn Foreign Declarations Act on federal Electronic Signatures in Global and National Commerce Act.  The provisions of NRS 53.250 to 53.390, inclusive, modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).

      (Added to NRS by 2011, 15)