AB 107 — Revises the procedure for determining whether a person may prosecute or defend a civil action without paying costs. (BDR 2-564)

(ReprintedAssembly withBill amendmentsNo. adopted on April 12, 2021) FIRST REPRINT A.B.

107107–Assemblyman AYeager SSEMBLYCHAPTER.......... B ILLN O.

107–A SSEMBLYMAN Y EAGER FEBRUARY 10, 2021 ____________ Referred to Committee on Judiciary SUMMARY—Revises the procedure for determining whether a person may prosecute or defend a civil action without paying costs.

(BDR 2-564) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

LegislativeLegiExisting Counsel’slaw Digest:provides that any person who desires to prosecute or defend a civil action may:

action may:

-EXPLANATION *AB107_R1* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sectionmatter 1.between brackets [omitted material] is material to be omitted.

THE PSENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

IN Section 1.

or (b)- If81st theSession person(2021) is– a2 client– of a program for legal aid, submit to the court a statement of representation or otherwise indicate to the court that the person is a client of a program for legal aid.

(b) The sheriff or other appropriate public officer within this State to make personal service of any necessary writ, process, pleading or paper without charge.] The court shall allow a person to commence or defend the action without costs and file or issue any necessary writ, process, pleading or paper without charge if:

(a) Based on its review of an application filed pursuant to paragraph (a) of subsection 1, the court determines that thetheto application should be granted and the person may proceed as an indigent litigant because the person:

- *AB107_R1* – 3 – (3) Has expenses for the necessities of life that exceed his or her income;

(b) The person has submitted a statement of representation or program for legal aid pursuant to paragraph (b) of subsection 1.a  The sheriff or another appropriate public officer within this State shall make personal service of any necessary writ, process, pleading or paper without charge for an applicant whose application has been granted or a person who has submitted a statement of legal representation or otherwise indicated to the court that the person is a client of a program for legal aidaid. pursuant to paragraph (b) of subsection 1.

 The sheriff or another appropriate public officer within this State shall make personal service of any necessary writ, process, pleading or paper without charge for an applicant whose application has been granted or a person who has submitted a statement of legal representation or otherwise indicated to the court that the person is a client of a program for legal aid.

If the person is required to have proceedings reported or recorded, or if the court determines that the reporting, recording - 81st Session (2021) – 3 – or transcription of proceedings would be helpful to the adjudication or appellate review of the case, the court shall order that the reporting, recording or transcription be performed at the expense of the county in which the action is pending but at a reduced rate as set by the county.

[Where the affidavit establishes that the person is unable] If an applicant files an application to proceed as an indigent litigant pursuant to paragraph (a) of subsection 1 to defend an action, the running of the time within which to appear and answer or otherwise defend the action is tolled during the period between the filing of the [affidavit] application and the [ruling] decision of the court [thereon.] to grant or deny the application.

- *AB107_R1* – 4 – 8.

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