[Rev. 12/21/2019 10:06:43 AM--2019]

TITLE 2 - CIVIL PRACTICE

CHAPTER 10 - GENERAL PROVISIONS

NRS 10.010             Definitions.

NRS 10.015             “Affinity” defined.

NRS 10.025             “Month” defined.

NRS 10.035             “Oath” defined.

NRS 10.045             “Personal property” defined.

NRS 10.055             “Process” defined.

NRS 10.065             “Property” defined.

NRS 10.075             “Real property” defined.

NRS 10.085             “State” defined.

NRS 10.095             “United States” defined.

NRS 10.105             “Will” defined.

NRS 10.115             “Writ” defined.

NRS 10.125             “Writing” defined.

NRS 10.135             Interpretation.

NRS 10.145             Signature by mark.

NRS 10.155             Legal residence.

NRS 10.165             Performance of secular acts.

NRS 10.175             Seals of public offices: Impressions on documents.

NRS 10.185             Voidability of release of liability given in connection with claim for personal injury sustained by releasor.

NRS 10.195             Prohibition of provisions in settlement agreement prohibiting or restricting disclosure of certain information; exceptions.

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      NRS 10.010  Definitions.  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 10.015 to 10.125, inclusive, have the meanings ascribed to them in those sections.

      [Part 1911 CPA § 533; RL § 5475; NCL § 9022] — (NRS A 1977, 181; 1985, 499)

      NRS 10.015  “Affinity” defined.  “Affinity” when applied to the marriage relation signifies the connection existing in consequence of marriage between each of the married persons and the blood relatives of the other.

      [Part 1911 CPA § 533; RL § 5475; NCL § 9022] — (NRS A 1977, 181; 1985, 499)

      NRS 10.025  “Month” defined.  “Month” means a calendar month, unless otherwise expressed.

      [Part 1911 CPA § 533; RL § 5475; NCL § 9022] — (NRS A 1977, 181; 1985, 499)

      NRS 10.035  “Oath” defined.  “Oath” includes affirmation or declaration.

      [Part 1911 CPA § 533; RL § 5475; NCL § 9022] — (NRS A 1977, 181; 1985, 499)

      NRS 10.045  “Personal property” defined.  “Personal property” includes money, goods, chattels, things in action and evidences of debt.

      [Part 1911 CPA § 533; RL § 5475; NCL § 9022] — (NRS A 1977, 181; 1985, 499)

      NRS 10.055  “Process” defined.  “Process” signifies a writ or summons in the course of judicial proceedings.

      [Part 1911 CPA § 533; RL § 5475; NCL § 9022] — (NRS A 1977, 181; 1985, 499)

      NRS 10.065  “Property” defined.  “Property” includes both real and personal property.

      [Part 1911 CPA § 533; RL § 5475; NCL § 9022] — (NRS A 1977, 181; 1985, 499)

      NRS 10.075  “Real property” defined.  “Real property” is coextensive with lands, tenements and hereditaments.

      [Part 1911 CPA § 533; RL § 5475; NCL § 9022] — (NRS A 1977, 181; 1985, 499)

      NRS 10.085  “State” defined.  “State” when applied to the different parts of the United States, includes the District of Columbia and the territories.

      [Part 1911 CPA § 533; RL § 5475; NCL § 9022] — (NRS A 1977, 181; 1985, 499)

      NRS 10.095  “United States” defined.  “United States” may include the District of Columbia and territories or insular possessions.

      [Part 1911 CPA § 533; RL § 5475; NCL § 9022] — (NRS A 1977, 181; 1985, 499)

      NRS 10.105  “Will” defined.  “Will” includes a codicil.

      [Part 1911 CPA § 533; RL § 5475; NCL § 9022] — (NRS A 1977, 181; 1985, 499)

      NRS 10.115  “Writ” defined.  “Writ” signifies an order or precept in writing, issued in the name of the State or of a court or judicial officer.

      [Part 1911 CPA § 533; RL § 5475; NCL § 9022] — (NRS A 1977, 181; 1985, 499)

      NRS 10.125  “Writing” defined.  “Writing” includes printing and typewriting.

      [Part 1911 CPA § 533; RL § 5475; NCL § 9022] — (NRS A 1977, 181; 1985, 499)

      NRS 10.135  Interpretation.  As used in this title, every mode of oral statement, under oath or affirmation, is embraced by the term “testify,” and every written one in the term “depose.”

      [Part 1911 CPA § 533; RL § 5475; NCL § 9022] — (NRS A 1977, 181; 1985, 499)

      NRS 10.145  Signature by mark.  As used in this title, signature or subscription includes mark when the person cannot write, his or her name being written near it by a person who writes his or her own name as a witness; but when a signature is by mark it must, in order that it may be acknowledged or may serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses thereto.

      [Part 1911 CPA § 533; RL § 5475; NCL § 9022] — (NRS A 1977, 181; 1985, 499)

      NRS 10.155  Legal residence.  Unless otherwise provided by specific statute, the legal residence of a person with reference to the person’s right of naturalization, right to maintain or defend any suit at law or in equity, or any other right dependent on residence, is that place where the person has been physically present within the State or county, as the case may be, during all of the period for which residence is claimed by the person. Should any person absent himself or herself from the jurisdiction of his or her residence with the intention in good faith to return without delay and continue his or her residence, the time of such absence is not considered in determining the fact of residence.

      [Part 1:158:1911; RL § 3609; NCL § 6405] — (NRS A 1981, 1861) — (Substituted in revision for NRS 10.020)

      NRS 10.165  Performance of secular acts.  Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday or a nonjudicial day, it may be performed upon the next business day with the same effect as if it had been performed upon the day appointed; and if such act is to be performed at a particular hour it may be performed at the same hour of the next business day.

      [1:61:1913; 1919 RL p. 3351; NCL § 9408] — (Substituted in revision for NRS 10.030)

      NRS 10.175  Seals of public offices: Impressions on documents.  A seal of a public office, when required to any writ or process or proceeding, or to authenticate a copy of any record or document, may be impressed with wax, wafer, or any other substance, and then attached to the writ, process or proceeding, or to the copy of the record or document, or it may be impressed on the paper alone.

      [1911 CPA § 539; RL § 5481; NCL § 9028] — (NRS A 2011, 710)

      NRS 10.185  Voidability of release of liability given in connection with claim for personal injury sustained by releasor.

      1.  A release of liability given in connection with any claim for personal injury sustained by a releasor is voidable by a releasor within 60 days after its signing by the releasor, if the releasor signed the release:

      (a) Within 30 days after the event that initially caused his or her injury; and

      (b) Without the assistance or guidance of an attorney.

      2.  To void the release of liability pursuant to subsection 1, the releasor shall:

      (a) Sign a written notice disclosing the election of the releasor to void the release; and

      (b) Within 10 days after signing the notice:

             (1) Send the original notice or a signed copy of the notice to the releasee; and

             (2) Return any consideration paid by the releasee.

      3.  A release of liability is void on the date that the notice and any consideration described in subsection 2 are received by the releasee.

      4.  As used in this section:

      (a) “Personal injury” means any mental or physical injury. The term does not include property damage.

      (b) “Release of liability” means an agreement executed between a releasor and releasee.

      (c) “Releasee” means a party who is being released by the releasor from any claim described in subsection 1.

      (d) “Releasor” means a party who agrees to release the releasee from any claim described in subsection 1.

      (Added to NRS by 2019, 2499)

      NRS 10.195  Prohibition of provisions in settlement agreement prohibiting or restricting disclosure of certain information; exceptions.  Except as otherwise provided in NRS 233.190:

      1.  A settlement agreement must not contain a provision that prohibits or otherwise restricts a party from disclosing factual information relating to a claim in a civil or administrative action if the claim relates to any of the following:

      (a) Conduct that if criminal liability were imposed would constitute a sexual offense pursuant to NRS 179D.097 and would be punishable as a felony, regardless of whether there was a criminal investigation, prosecution or conviction of such conduct;

      (b) Discrimination on the basis of sex by an employer or a landlord; or

      (c) Retaliation by an employer or a landlord against the claimant for his or her reporting of discrimination on the basis of sex.

      2.  If a settlement agreement is entered into on or after July 1, 2019, any provision in such an agreement that prohibits or otherwise restricts a party from disclosing factual information pursuant to subsection 1 is void and unenforceable.

      3.  A court shall not enter an order that prohibits or otherwise restricts the disclosure of factual information in a manner that conflicts with subsection 1.

      4.  Except as otherwise provided in subsection 5, upon the request of the claimant, the settlement agreement must contain a provision that prohibits the disclosure of:

      (a) The identity of the claimant; and

      (b) Any facts relating to the action that could lead to the disclosure of the identity of the claimant.

      5.  If a governmental agency or a public officer is a party to the settlement agreement pursuant to subsection 1, a claimant shall not request and the settlement agreement must not contain a provision pursuant to subsection 4.

      6.  Nothing in this section shall be construed to prohibit:

      (a) A court from considering any pleading or other record to determine the factual basis of a civil claim pursuant to subsection 1; or

      (b) An entry or enforcement of a provision in a settlement agreement pursuant to subsection 1 that prohibits disclosure by a party of the settlement amount.

      7.  As used in this section:

      (a) “Claimant” means a person who filed a claim in a civil action or an administrative action pursuant to subsection 1.

      (b) “Employer” has the meaning ascribed to it in NRS 33.220.

      (c) “Landlord” means an owner of real property, or the owner’s representative, who provides a dwelling unit on the real property for occupancy by another for valuable consideration.

      (Added to NRS by 2019, 800)