SB 42 — Revises provisions relating to certain court rules and decisions. (BDR 1-389)

S.B.Senate Bill No.

4242–Committee SENATEon BJudiciary ILLNCHAPTER.......... O.

42–COMMITTEE ON JUDICIARY (ON BEHALF OF THE NEVADA S UPREME COURT ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to certain court rules and decisions.

(BDR 1-389) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

Section 1 of this bill instead requires the Nevada Supreme Court to cause the printing in pamphlet, book or electronic form of the rules of the Nevada Supreme Court and the district courts of this State.

Section 1 additionally requires the Nevada Supreme Court toctto courts distribute a copy of these rules without charge to certain persons and agencies entitled by existing law to receive without charge decisions of the Nevada Supreme Court and the Nevada Court of Appeals.

(NRS 2.345) decisions of the Nevada Supreme Existing law creates the State Printing Office within the Legislative Counsel Bureau and provides that the head of the State Printing Office is the State Printer.

(NRS 344.021) Under existing law, the Clerk of the Nevada Supreme Court and the Official Reporter, as the reporters of decisions, are required to make a synopsis and file with the State Printer a copy of each opinion and synopsis of the Nevada - *SB42* – 2 – Supreme Court and the Nevada Court of Appeals.

(1) print each Supreme Court decision and Court of Appeals decision in pamphlet form, which is commonlyNevada referredSupreme toCourt with as many copies of the Advance Opinions;Opinions as the Clerke determines is necessary for distribution to certain persons.

and(NRS (2)2.340) furnishSections the3 Clerkand 4 of thethis Nevadabill Supremeremove Courtthe withrequirement asthat manythe copiesState ofPrinter print the Advance Opinions asand, instead, require the ClerkNevada determinesSupreme isCourt necessaryto forcause distributionthe toprinting certainof persons.the Advance Opinions in pamphlet or electronic form.

(NRS 2.340) Sections 3 and 4 of this bill remove the requirement that the State Printer print the Advance the Advance Opinions in pamphlet or electronic form.

and (2) adds the Legislative Counsel to the list of persons entitled to receive the Advance Opinionsof the Clerk of the Nevada Supreme Court to charge a fee for decisions of therity Supreme Court compiled in electronic format to certain persons entitled by section to receive without charge.charge decisions of the Nevada Supreme Court and the Nevada Court of Appeals in pamphlet or electronic form.

(NRS 2.345) Section 2 of this bill removes the authority of the Clerk of the Nevada Supreme Court to charge a fee for decisions of the Supreme Court compiled in electronic format to certain persons entitled by section Court of Appeals in pamphlet or electronic form.ada Supreme Court and the Nevada Existing law:

(2) requires the Director of the - 81st Session (2021) – 2 – Legislative Counsel Bureau to distribute each volume of Nevada Reports without charge to certain persons;

(NRS 345.020) Section 14 of this bill further provides that money received by the Nevada Supreme Court from the sale of Nevada Reports is required to be accounted for separately in the State General Fund for the exclusive use of the NevadaNevadanted Supreme Court.

Sections 7, 9, 10, 13 and 15 of this bill make conforming changes relating to the transfer of the duty to cause the printing of the decisions of the Nevada to Supreme Court and the Nevada Court of Appeals from the State Printer to the NevaSection 16 of this bill eliminates a statutory requirement for the Nevada Supreme Court.Court to provide by rule for mandatory training concerning the complex issues involved in certain medical malpractice cases for each district judge to whom such cases are assigned.

Section(NRS 163.029) ofEXPLANATION this– billMatter eliminates a statutory requirement for the Nevada Supreme Court to provide by rule for mandatory training concerning the complex issues involved in certainbolded medicalitalics malpracticeis casesnew; for each district judge to whom such cases are assigned.

(NRSmatter 3.029)between THEbrackets PEOPLE[omitted OFmaterial] THEis STATEmaterial OFto NEVADA,be REPRESENTEDomitted. IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

and - *SB42* – 3 – 2.

(a) Except as otherwise provided in paragraph (d), whenever an appeal is taken to the Supreme Court, or whenever a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the Supreme Court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the appeal, cross- appeal- or81st petitionSession for(2021) – 3 – docket, pay to the Clerk of the Supreme Court the sum of $200.n the (b) Except as otherwise provided in paragraph (d), a party to an appeal or special proceeding haswho beenpetitions enteredthe onSupreme Court for a rehearing shall, at the docket,time of filing such a petition, pay to the Clerk of the Supreme Court the sum of $200.$100.

(b) Except as otherwise provided in paragraph (d), a party to an appeal or special proceeding who petitions the Supreme Court for a rehearing shall, at the time of filing such a petition, pay to the Clerk of the Supreme Court the sum of $100.

(2) A party to an appeal or special proceeding who petitions the Supreme Court for a rehearing shall, at the time of filing such a petition, pay to the Clerk of the Supreme Court a court automationautomationh a fee of $50.

As used in this paragraph, “technological purposes” means the acquisition or improvement of technology, including, without limitation, acquiring or improving technology for converting and archiving records, purchasing - *SB42* – 4 – hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professionalpro(d) servicesNo relatingfees tomay be charged by the technology.Clerk in:gy.

(d) No fees may be charged by the Clerk in:

or (3)- An81st appealSession taken(2021) from,– or4 a– special proceeding arising out of, a criminal proceeding.

from, or a special proceeding arising out (e) A fee of $60 for Supreme Court decisions in pamphlet form for each year, or a fee of $30 for less than a 6 months’ supply of decisions, to be collected from each person who requests such decisions, except those persons and agencies set forth in NRS 2.345.

The Clerk of the Supreme Court shall keep a fee book or electronic record in which the Clerk shall enter in detail the title of the matter, proceeding or action, and the fees charged therein.

TheThee of fee book or electronic record, as applicable, must be open to public inspection in the office of the Clerk.

The Clerk of the Supreme Court shall give a receipt on demand of the partycause payingin awhich fee.the fee is paid and the date and the amount of the payment.

The receipt must specify the title - *SB42* – 5 – of the cause in which the fee is paid and the date and the amount of the payment.

Whenever any case is - 81st Session (2021) – 5 – finally determined by the Supreme Court or the Court of Appeals, the reporters of decisions shall make a synopsis of the opinion and decision of the Supreme Court or the Court of Appeals, as applicable, in the case.

[A copy of the opinion together with the synopsisPrinter.]must must be filed by the reporters of decisions with the State Printer.] Sec.

Each decision must be printed and pamphlet copies returned to the Clerk of the Supreme Court within 14 days, not including the day of delivery, after the decision has been furnished to the State Printer by the Clerk of the Court.