AB 9 — Revises provisions governing justice courts. (BDR 6-491)

A.B.Assembly Bill No.

99–Committee Aon SSEMBLYJudiciary BCHAPTER.......... ILLN O.

9–COMMITTEE ON JUDICIARY (ON B EHALF OF THE N EVADA SUPREME C OURT ) PREFILED N OVEMBER 15, 2018 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing justice courts.

(BDR 6-491) 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.

LegislativeLegiUnder Counsel’sthe Digest:Nevada Constitution, the justice court is a court of limited original jurisdiction that must be prescribed by statute, and the justice court cannot exercise jurisdiction that exceeds its statutory authorization.

Under(Nev. the Nevada Constitution, the justice court is a court of limited original jurisdiction that must be prescribed by statute, and the justice court cannot exercise Paschall v.

Const.

Art.

6, §§ 6, 8;

Paschall v.

(1) gives the justice;justice court original jurisdiction over small claims actions for the recovery of money only, in which the amount claimed does not exceed $10,000;

courtand original(2) jurisdictionestablishes over small claims actions for the recoverymust ofbe moneybrought only, in whicha township where the amountnamed claimeddefendant resides, does notbusiness exceedortions $10,000;is employed.

and(NRS (2)73.010) establishesAlthough the properparties venuecannot, orby placeconsent, waive the jurisdiction of trialthe forjustice smallcourt, claimsa actionsparty andmay requireswaive thatthe suchproper actionsvenue mustor beplace broughtof intrial aby townshipfailing whereto themake nameda defendanttimely resides,objection doesto businessthe ortownship where the action is employed.adjudicated.

(NRS 73.010) Although the parties cannot, by consent, waive the jurisdiction of the justice court, a party may waive the proper venue or place of trial adjudicated.

82, 101 (1865)) Section 1 of this bill revises the proper venue or place of trial for small claims actions by adding possible venues for such actions.

Under section 1, all smallsmalll claims claims actions may be tried in the township where the defendant resides, does business or is employed at the time the cause of action arose or at the time the complaint is filed.

Finally, in cases involving a contract to perform an obligation, small claims actions also may be tried in the township in which the obligation is or was to be performed.sperformed. *AB9* – 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:

Is] is employed [in, - the80th townshipSession in(2019) which– the2 action– is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.] at the time the cause of action arose or at the time the complaint is filed;

*AB9*~~~~~ 19 - 80th Session (2019)