AB 102 — Revises certain provisions relating to the proper venue in civil actions. (BDR 2-591)

(ReprintedAssembly withBill amendmentsNo. adopted on April 24, 2017) FIRST REPRINT A.B.

102102–Assemblymen ASSEMBLYPickard Band ILLNCohen O.CHAPTER..........

102–A SSEMBLYMEN PICKARD AND C OHEN PREFILED FEBRUARY 3, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Revises certain provisions relating to the proper venue in civil actions.

(BDR 2-591) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law requires a court to maintain continuing jurisdiction over certain matters relating to domestic relations, including, without limitation, divorce, child custody and child support matters.

(NRS 125.150, 125A.315, 126.191, 130.202, 130.205-130.206) Continuing jurisdiction allows a court to modify its final order, judgment or decree to account for changed circumstances relating to the parties or thatinstances a civil action must be removed from a court of thisfraud Stateor ifmistake. venue is not proper and the defendant, before the time for filing an answer to the complaint has expired, demands in writing that the trial be carried out in a court where venue is proper.

(NRS 125.150, 125A.315) Existing law also requires that a civil action must be removed from a court of this State if venue is not proper and the defendant, before the time for filing an answer to the complaint has expired, (NRS 13.050) Existing law does not, however, authorize a change of venue after aar. trial is complete.

trial is complete.

(1) a final order, judgment or decree has been entered in a proceeding in which the court has continuing jurisdiction;

(2) a party to the final order, judgment or decree hasparties filedcurrently areside subsequentin petitionthe orcounty motionwhere relatingthe tofinal theorder, proceeding;judgment or decree wase entered;

(3) none of the parties currently reside in the county where the final order, judgment or decree was entered;

Finally, this bill authorizes a court to approve such a demand and remove the proceeding to another court within this theState court.ewhere venue is proper and which is agreed upon by the parties or ordered by -the *AB102_R1*court. – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(a) After the filing of a complaint or petition, the defendant [before the time for answering expires demand] demands in writing , before the time for answering expires, that the trial be had in the proper county, and the place of trial be thereupon changed by - 79th Session (2017) – 2 – consent of the parties, or by order of the court, as provided in this section.

(b) In a proceeding in which the court has continuing jurisdiction after the issuance of a final order, judgment or decree, including, without limitation, any proceeding for divorce, annulment, separate maintenance or parentage or custody of a child and where no party currently resides in the county in which the order, judgment or decree was entered, the respondent demands in writing, before the time for filing a response expires, that the petition or motion be heard in the county of residence of either party to the proceeding or in the county where the child who is the subject of the proceeding resides, or by order of the court, as provided in this section.

- *AB102_R1* – 3 – 4.

As used in this section, “business court” means, as des(a)designated Apursuant businessto courtthe docket;srules of the applicable district court:

(a) A business court docket;

H17 ~~~~~ - *AB102_R1*79th Session (2017)