[Rev. 11/21/2013 8:56:37 AM--2013]

CHAPTER 12 - PARTIES

NRS 12.010             Assignment of thing in action not to prejudice defense.

NRS 12.015             Actions involving indigent persons.

NRS 12.020             Actions by married persons.

NRS 12.030             Defense of actions against husband and wife.

NRS 12.040             Deserted husband or wife as a party.

NRS 12.050             Appointment of guardian ad litem.

NRS 12.070             Parent or guardian may maintain action for seduction.

NRS 12.080             Parent or guardian may maintain action for injury of minor child.

NRS 12.100             Action not to abate by death of any party after verdict.

NRS 12.105             State and local governmental agencies may be sued without naming members of their governing bodies; service.

NRS 12.107             Limitation on commencement of lawsuit against manufacturer or distributor of firearm or ammunition or trade association related to firearms or ammunition; exception for breach of contract or warranty.

NRS 12.110             Associates may be sued by name of association; summons; judgment to bind joint property.

NRS 12.120             Unknown heirs to real property may be made parties; allegations and proof that names and residences of heirs are unknown.

NRS 12.130             Intervention: Right to intervention; procedure, determination and costs; exception.

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      NRS 12.010  Assignment of thing in action not to prejudice defense.  Except as provided for secured transactions in chapter 104 of NRS, in the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense existing at the time of, or before notice of, the assignment; but this section shall not apply to a negotiable promissory note, or bill of exchange, transferred in good faith and upon good consideration before due.

      [1911 CPA § 46; RL § 4988; NCL § 8545]—(NRS A 1965, 913)

      NRS 12.015  Actions involving indigent persons.

      1.  Any person who desires to prosecute or defend a civil action may:

      (a) File an affidavit with the court setting forth with particularity facts concerning the person’s income, property and other resources which establish that the person is unable to prosecute or defend the action because the person is unable to pay the costs of so doing; or

      (b) Submit a statement or otherwise indicate to the court that the person is a client of a program for legal aid.

      2.  If the court is satisfied that a person who files an affidavit pursuant to subsection 1 is unable to pay the costs of prosecuting or defending the action or if the court finds that a person is a client of a program for legal aid, the court shall order:

      (a) The clerk of the court:

             (1) To allow the person to commence or defend the action without costs; and

             (2) To file or issue any necessary writ, process, pleading or paper without charge.

      (b) The sheriff or other appropriate public officer within this State to make personal service of any necessary writ, process, pleading or paper without charge.

      3.  If the person is required to have proceedings reported or recorded, or if the court determines that the reporting, recording or transcription of proceedings would be helpful to the adjudication or appellate review of the case, the court shall order that the reporting, recording or transcription be performed at the expense of the county in which the action is pending but at a reduced rate as set by the county.

      4.  If the person prevails in the action, the court shall enter its order requiring the losing party to pay into court within 5 days the costs which would have been incurred by the prevailing party, and those costs must then be paid as provided by law.

      5.  Where the affidavit establishes that the person is unable to defend an action, the running of the time within which to appear and answer or otherwise defend is tolled during the period between the filing of the affidavit and the ruling of the court thereon.

      6.  An affidavit filed pursuant to this section, and any application or request for an order filed with the affidavit, does not constitute a general appearance before the court by the affiant or give the court personal jurisdiction over the affiant.

      7.  The order of the court to which application is made pursuant to this section is not appealable.

      8.  As used in this section, “client of a program for legal aid” means a person:

      (a) Who is represented by an attorney who is employed by or volunteering for a program for legal aid organized under the auspices of the State Bar of Nevada, a county or local bar association, a county or municipal program for legal services or other program funded by this State or the United States to provide legal assistance to indigent persons; and

      (b) Whose eligibility for such representation is based upon indigency.

      (Added to NRS by 1967, 1209; A 1989, 201; 1991, 455; 2005, 197)

      NRS 12.020  Actions by married persons.  A husband and wife may sue jointly on all causes of action belonging to either or both of them, except:

      1.  When the action is for personal injuries, the spouse having sustained personal injuries is a necessary party; and

      2.  When the action is for compensation for services rendered, the spouse having rendered the services is a necessary party.

      [1911 CPA § 47; A 1937, 29; 1931 NCL § 8546]—(NRS A 1975, 557)

      NRS 12.030  Defense of actions against husband and wife.  If husband and wife are sued together, either or both may defend, and if either neglects to defend, the other may defend for both.

      [1911 CPA § 48; RL § 4990; NCL § 8547]—(NRS A 1975, 558)

      NRS 12.040  Deserted husband or wife as a party.  When a husband has deserted his family, the wife may prosecute or defend in his name any action which he might have prosecuted or defended, and shall have the same powers and rights therein as he might have, and, under like circumstances, the husband shall have the same right.

      [1911 CPA § 49; RL § 4991; NCL § 8548]

      NRS 12.050  Appointment of guardian ad litem.  When a guardian ad litem is appointed by the court, the guardian ad litem must be appointed as follows:

      1.  When the infant is plaintiff, upon the application of the infant if the infant be of the age of 14 years, or, if under that age, upon the application of a relative or friend of the infant.

      2.  When the infant is defendant, upon the application of the infant if the infant be of the age of 14 years and apply within 10 days after the service of the summons, or, if under that age or if the infant neglect to so apply, then upon the application of a relative or friend of the infant, or any other party to the action.

      3.  When an insane or incompetent person is a party to an action or proceeding, upon the application of a relative or friend of such insane or incompetent person, or of any other party to the action or proceeding.

      [1911 CPA § 51; RL § 4993; NCL § 8550]

      NRS 12.070  Parent or guardian may maintain action for seduction.  Either of the parents or the guardian of a male or female minor child under the age of 16 years may, on behalf of that child, bring an action for the seduction of that child, against a person 3 or more years older than the child. The parent or guardian, as plaintiff, need not show that the child was living with the parent or guardian or was in the service of the parent or guardian at the time of the seduction or later, or that the parent or guardian suffered a loss of service.

      [1911 CPA § 53; A 1913, 27; NCL § 8552]—(NRS A 1979, 1171)

      NRS 12.080  Parent or guardian may maintain action for injury of minor child.  The father and mother jointly, or the father or the mother, without preference to either, may maintain an action for the injury of a minor child who has not been emancipated, if the injury is caused by the wrongful act or neglect of another. A guardian may maintain an action for the injury of his or her unemancipated ward, if the injury is caused by the wrongful act or neglect of another, the action by the guardian to be prosecuted for the benefit of the ward. Any such action may be maintained against the person causing the injury, or, if the person is employed by another person who is responsible for his or her conduct, also against that other person.

      [1911 CPA § 54; A 1913, 27; NCL § 8553]—(NRS A 1960, 321; 1969, 891; 1971, 151; 1987, 1281)

      NRS 12.100  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 12.105  State and local governmental agencies may be sued without naming members of their governing bodies; service.  Any political subdivision, public corporation, special district, or other agency of state or local government which is capable of being sued in its own name may be sued by naming it as the party without naming the individual members of its governing body in their representative capacity. In addition to any other method which may be provided by statute or rule of court, service may be made upon the clerk or secretary of the political subdivision, corporation or agency.

      (Added to NRS by 1979, 394)

      NRS 12.107  Limitation on commencement of lawsuit against manufacturer or distributor of firearm or ammunition or trade association related to firearms or ammunition; exception for breach of contract or warranty.

      1.  Except as otherwise provided in subsection 2, the State of Nevada is the only governmental entity in this state that may commence a lawsuit against a manufacturer or distributor of a firearm or ammunition or a trade association related to firearms or ammunition for damages, abatement or injunctive relief resulting from or relating to the lawful design or manufacture of a firearm or ammunition or the marketing or sale of a firearm or ammunition to the public.

      2.  The provisions of this section do not prohibit a county, city, local government or other political subdivision of this state or an agency thereof from commencing a lawsuit against a manufacturer or distributor of a firearm or ammunition for breach of contract or warranty concerning a firearm or ammunition purchased by the county, city, local government or other political subdivision of this state or agency thereof.

      (Added to NRS by 1999, 1411)

      NRS 12.110  Associates may be sued by name of association; summons; judgment to bind joint property.  When two or more persons, associated in any business, transact such business under a common name, whether it comprise the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates; and the judgment in the action shall bind the joint property of all the associates, in the same manner as if all had been made defendants and had been sued upon their joint liability.

      [1911 CPA § 65; RL § 5007; NCL § 8564]

      NRS 12.120  Unknown heirs to real property may be made parties; allegations and proof that names and residences of heirs are unknown.

      1.  In any action in which the title to real property situate in this state is involved in which the heir or heirs, or any thereof, of a deceased person may be necessary or proper party or parties defendant and the name or names and place or places of residence of which heir or heirs are unknown to the plaintiff or plaintiffs, such heir or heirs may be made a party or parties defendant by being described in the complaint and summons as the unknown heir or heirs of such deceased person, giving the name and last place of residence of such deceased person, with any further description that may be necessary to reasonably identify the deceased person.

      2.  In any such action the plaintiff or plaintiffs shall allege in the complaint, and prove at the trial, that diligent search and inquiry have been made by or in behalf of the plaintiff or plaintiffs to ascertain the name or names, and place or places of residence of such heir or heirs, without success, and that the same are and remain unknown to the plaintiff or plaintiffs.

      [1911 CPA § 67; RL § 5009; NCL § 8566] + [1911 CPA § 68; RL § 5010; NCL § 8567]

      NRS 12.130  Intervention: Right to intervention; 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.

      (c) Intervention is made as provided by the Nevada Rules of Civil Procedure.

      (d) 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.

      [Part 1911 CPA § 64; RL § 5006; NCL § 8563]—(NRS A 2009, 1566)