[Rev. 11/21/2013 9:17:17 AM--2013]

CHAPTER 69 - COSTS

NRS 69.010             Security for costs.

NRS 69.020             Prevailing party entitled to costs.

NRS 69.030             Prevailing party allowed attorney’s fee to be taxed as costs in justice court.

NRS 69.040             Costs must be included in judgment; cost bill; motion to retax costs.

NRS 69.050             Award of costs to prevailing party by district court on appeal from justice court.

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      NRS 69.010  Security for costs.

      1.  The justice may in all cases require a deposit of money to cover costs of court before issuing the summons.

      2.  When the plaintiff in an action is a nonresident of the State of Nevada, or a foreign corporation, upon motion of the opposite party at any time before final judgment such nonresident shall be required to give security for all costs and charges that may be awarded against the nonresident plaintiff. When such security shall be required from a nonresident plaintiff all proceedings in the action shall be stayed until an undertaking executed by two or more persons and approved by the justice shall be filed with the justice to the effect that they will pay such costs and charges as may be awarded against such nonresident plaintiff by judgment or during the progress of the action. The undertaking shall be in a sum not less than $100, or in lieu of the undertaking the nonresident plaintiff may deposit $100 in lawful money with the justice, which shall be held subject to the conditions mentioned in this section for the undertaking. When such security shall be ordered from a nonresident plaintiff, it shall be furnished within 30 days from notice of the order, or upon failure to furnish such security, judgment shall be entered for the defendant.

      3.  A new or additional undertaking or deposit of cash may be ordered by the justice at any time upon proof that the original undertaking or deposit is insufficient and proceedings stayed for a nonresident plaintiff until the same be furnished or judgment entered. After the lapse of 30 days from notice to a nonresident plaintiff that security has been ordered as required by this subsection and upon proof that no such undertaking or deposit of cash has been made, the justice shall enter judgment against such plaintiff.

      [1911 CPA § 870; A 1917, 424; NCL § 9359]

      NRS 69.020  Prevailing party entitled to costs.  The prevailing party in justice courts is entitled to costs of the action, and also of any proceedings taken in aid of an execution issued upon any judgment recovered therein.

      [1911 CPA § 871; RL § 5813; NCL § 9360]

      NRS 69.030  Prevailing party allowed attorney’s fee to be taxed as costs in justice court.  The prevailing party in any civil action at law in the justice courts of this State shall receive, in addition to the costs of court as now allowed by law, a reasonable attorney fee. The attorney fee shall be fixed by the justice and taxed as costs against the losing party.

      [Part 1911 CPA § 872; A 1921, 89; 1925, 331; 1937, 30; 1931 NCL § 9361]

      NRS 69.040  Costs must be included in judgment; cost bill; motion to retax costs.

      1.  The justice must tax and include in the judgment the costs allowed by law to the prevailing party.

      2.  The party in whose favor judgment is rendered and who claims costs must deliver to the justice, and serve a copy upon the adverse party, within 2 days after the verdict or notice of the decision of the justice, or such further time as may be granted, a memorandum of the items of the costs and necessary disbursements in the action, which memorandum must be verified by the oath of the party or the party’s attorney or agent or by the clerk of the party’s attorney, stating that to the best of his or her knowledge and belief the items are correct and that the disbursements have been necessarily incurred in the action. The party in whose favor judgment is rendered shall be entitled to recover the witness fees, although at the time the party may not have actually paid them.

      3.  Issuance or service of subpoena shall not be necessary to entitle the prevailing party to tax as costs witness fees and mileage, providing that such witnesses be sworn and testify in the cause.

      4.  It shall not be necessary to embody in the memorandum the fees of the justice, but the justice shall add the same according to the fees of the justice fixed by statute.

      5.  Within 2 days after service of a copy of the memorandum, the adverse party may move the court, upon 2 days’ notice to retax and settle the costs, a copy of which notice of motion shall be filed and served upon the prevailing party claiming costs, and thereupon the justice shall settle the costs.

      6.  If the judgment is entered by default it shall not be necessary to make service of a copy of the cost bill.

      [1911 CPA § 836; A 1913, 364; 1925, 15; NCL § 9325]

      NRS 69.050  Award of costs to prevailing party by district court on appeal from justice court.  In the event of an appeal, the district court is authorized to award to the prevailing party all costs of court as now allowed by law incurred by such party, and also a reasonable attorney fee to be fixed and allowed by the district court for all services rendered in behalf of the prevailing party.

      [Part 1911 CPA § 872; A 1921, 89; 1925, 331; 1937, 30; 1931 NCL § 9361]