[Rev. 11/21/2013 9:17:08 AM--2013]

CHAPTER 66 - PLACE OF TRIAL

NRS 66.010             General rule.

NRS 66.020             Place of trial may be changed in certain cases.

NRS 66.030             Limitation on right to change place of trial.

NRS 66.040             Transfer of action to court agreed upon by parties.

NRS 66.050             Proceedings after order changing place of trial.

NRS 66.060             Effect of order changing place of trial.

NRS 66.070             Transfer of cases to district court.

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      NRS 66.010  General rule.  Actions in justice courts must be commenced, and, subject to the right to change the place of trial as provided in this chapter, must be tried:

      1.  If there is no justice court for the township in which the defendant resides, in any township of the county in which the defendant resides.

      2.  When two or more persons are jointly, or jointly and severally, bound in any debt or contract, or otherwise jointly liable in the same action, and reside in different townships of the same county, or in different counties, in the township in which any of the persons liable may reside.

      3.  In cases of injury to the person or property, in the township where the injury was committed or where the defendant resides.

      4.  If for the recovery of personal property or the value thereof, or damages for taking or detaining the same, in the township in which the property may be found or in which the property was taken, or in which the defendant resides.

      5.  When the defendant is a nonresident of the county, in any township wherein the defendant may be found.

      6.  When the defendant is a nonresident of the State, in any township in the State.

      7.  When a person has contracted to perform an obligation at a particular place, and resides in another township, in the township in which the obligation is to be performed, or in which the person resides. The township in which the obligation is incurred shall be deemed to be the township in which it is to be performed, unless there is a special contract to the contrary.

      8.  When the parties voluntarily appear and plead without summons, in any township.

      9.  In all other cases, in the township in which the defendant resides.

      [1911 CPA § 773; RL § 5715; NCL § 9262]—(NRS A 1985, 231)

      NRS 66.020  Place of trial may be changed in certain cases.

      1.  The court may, at any time before the trial, on motion, change the place of trial in the following cases:

      (a) When it appears to the satisfaction of the justice before whom the action is pending, by affidavit of either party, that the justice is a material witness for either party.

      (b) When either party makes and files an affidavit that the party believes that he or she cannot have a fair and impartial trial before the justice by reason of the interest, prejudice or bias of the justice.

      (c) When a jury has been demanded, and either party makes and files an affidavit that he or she cannot have a fair and impartial trial on account of the bias or prejudice against him or her of the citizens of:

             (1) The city, precinct or township, if the jurors are to be summoned pursuant to subsection 1 of NRS 67.010; or

             (2) The county, if the jurors are to be summoned pursuant to subsection 2 of NRS 67.010.

      (d) When from any cause the justice is disqualified from acting.

      (e) When the justice is sick or unable to act.

      2.  In lieu of changing the place of trial, the justice before whom the action is pending may for any of the cases mentioned in subsection 1 call another justice of the county to conduct the trial.

      [1911 CPA § 774; RL § 5716; NCL § 9263]—(NRS A 1985, 232; 2001, 753)

      NRS 66.030  Limitation on right to change place of trial.  The place of trial cannot be changed on motion of the same party more than once upon any or all of the grounds specified in paragraphs (a), (b) and (c) of subsection 1 of NRS 66.020.

      [1911 CPA § 775; RL § 5717; NCL § 9264]

      NRS 66.040  Transfer of action to court agreed upon by parties.  When the court orders the place of trial to be changed, the action must be transferred for trial to a court the parties may agree upon and, if they do not so agree, then to another justice court in the same county.

      [1911 CPA § 776; RL § 5718; NCL § 9265]

      NRS 66.050  Proceedings after order changing place of trial.  After an order has been made transferring the action for trial to another court, the following proceedings must be had:

      1.  The justice ordering the transfer must immediately transmit to the justice of the court to which it is transferred, on payment by the party applying of all costs that have accrued, all the papers in the action, together with a certified transcript from the docket of the justice ordering the transfer of the proceedings therein.

      2.  Upon the receipt by the justice to whom the case is transferred of such papers, the justice has thereafter the same jurisdiction over the action as though it had been commenced in the justice’s court. The justice must issue a notice stating when and where the trial will take place, which notice must be served upon the parties at least 1 day before the time fixed for trial.

      [1911 CPA § 777; RL § 5719; NCL § 9266]

      NRS 66.060  Effect of order changing place of trial.  From the time the order changing the place of trial is made the court to which the action is thereby transferred has the same jurisdiction over it as though it had been commenced in such court.

      [1911 CPA § 778; RL § 5720; NCL § 9267]

      NRS 66.070  Transfer of cases to district court.

      1.  The parties to an action in a justice court cannot give evidence upon any question which is excluded from the jurisdiction of the justice court. If it appears from the plaintiff’s own showing on the trial, or from the answer of the defendant, verified by oath, that the determination of the action will necessarily involve such a question, the justice must suspend all further proceedings in the action and certify the pleadings, and, if any of the pleadings are oral, a transcript of them from the docket of the justice, to the clerk of the district court of the county. From the time of filing the pleadings or transcript with the clerk of the district court, the district court has the same jurisdiction over the action as if it had been commenced in the district court.

      2.  In cases of forcible entry and detainer, of which justice courts have jurisdiction, any evidence otherwise competent may be given and any question properly involved therein may be determined.

      [1911 CPA § 779; RL § 5721; NCL § 9268]—(NRS A 1981, 174)