[Rev. 11/21/2013 9:17:22 AM--2013]

CHAPTER 71 - PROVISIONAL REMEDIES

ARREST AND BAIL

NRS 71.010             Order of arrest and arrest of defendant.

NRS 71.020             Affidavit and undertaking for order of arrest.

NRS 71.030             Arrested defendant immediately taken before justice.

NRS 71.040             Arresting officer must give notice of arrest to plaintiff.

NRS 71.050             Arresting officer must keep defendant in custody.

ATTACHMENT

NRS 71.090             Applicability of chapter 31 of NRS to justice courts.

CLAIM AND DELIVERY

NRS 71.100             Enforcement; applicability of other provisions of NRS.

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ARREST AND BAIL

      NRS 71.010  Order of arrest and arrest of defendant.  An order to arrest the defendant may be endorsed on a summons issued by the justice, and the defendant may be arrested thereon by the sheriff or constable, at the time of serving the summons, and brought before the justice, and there detained until duly discharged, in the following cases:

      1.  In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the State with intent to defraud his or her creditors.

      2.  In an action for a fine or penalty, or for money or property embezzled or fraudulently misapplied or converted to his or her own use by one who received it in a fiduciary capacity.

      3.  When the defendant has been guilty of a fraud in contracting the debts or incurring the obligation for which the action is brought.

      4.  When the defendant has removed, concealed or disposed of his or her property, or is about to do so, with intent to defraud his or her creditors.

      [1911 CPA § 802; A 1913, 364; NCL § 9291]

      NRS 71.020  Affidavit and undertaking for order of arrest.  Before an order for an arrest can be made, the party applying must prove to the satisfaction of the justice, by the affidavit of himself or herself or some other person, the facts upon which the application is founded. The plaintiff must also execute and deliver to the justice a written undertaking in the sum of $300, with sufficient sureties, to the effect that the plaintiff will pay all costs that may be adjudged to the defendant, and all damages which the defendant may sustain by reason of the arrest, if the same be wrongful or without sufficient cause, not exceeding the sum specified in the undertaking.

      [1911 CPA § 803; RL § 5745; NCL § 9292]

      NRS 71.030  Arrested defendant immediately taken before justice.  The defendant, immediately upon being arrested, shall be taken to the office of the justice who made the order, and if the justice is absent or unable to try the action, or if it appears to such justice by the affidavit of defendant that the justice is a material witness in the action, the officer shall immediately take the defendant before a justice of another township, who shall take jurisdiction of the action and proceed thereon as if the summons had been issued and the order of arrest made by that justice.

      [1911 CPA § 804; RL § 5746; NCL § 9293]—(NRS A 1959, 48)

      NRS 71.040  Arresting officer must give notice of arrest to plaintiff.  The officer making the arrest must immediately give notice thereof to the plaintiff or the plaintiff’s attorney or agent, and endorse on the summons, and subscribe a certificate, stating the time of serving the same, the time of the arrest and of giving notice to the plaintiff.

      [1911 CPA § 805; RL § 5747; NCL § 9294]

      NRS 71.050  Arresting officer must keep defendant in custody.  The officer making the arrest must keep the defendant in custody until the defendant is discharged by order of the justice.

      [1911 CPA § 806; RL § 5748; NCL § 9295]

ATTACHMENT

      NRS 71.090  Applicability of chapter 31 of NRS to justice courts.  The provisions of chapter 31 of NRS are applicable to attachments issued in justice courts, the word “constable” being substituted for the word “sheriff,” whenever the writ is directed to a constable, and the word “justice” being substituted for the word “judge.”

      [1911 CPA § 810; A 1913, 364; 1933, 85; 1931 NCL § 9299]—(NRS A 1973, 1189)

CLAIM AND DELIVERY

      NRS 71.100  Enforcement; applicability of other provisions of NRS.  In an action to recover possession of personal property, the plaintiff may, at the time of issuing summons, or at any time thereafter before answer, claim the delivery of such property. NRS 31.840 to 31.950, inclusive, are applicable to such claim when made in justice courts, the powers therein given and duties imposed on sheriffs being extended to constables, and the word “justice” being substituted for the word “judge.”

      [1911 CPA § 811; RL § 5753; NCL § 9300]—(NRS A 1973, 1152)