arty defendant, each has 45 days after their respective dates of service to file an answer or other responsive pleading. (Added to NRS by 1979, 1733) NRS 41.03415 Determination by official attorney whether or not to tender defense. 1. The official attorney shall determine as promptly as possible whether or not to tender the defense of the person submitting the request. Until the decision is made, the official attorney shall take appropriate action to defend or otherwise protect the time of the person submitting the request to file a responsive pleading. 2. In any case in which the official attorney determines not to defend, he shall give written notice to the person who requested the defense either: (a) Ten days before the date an answer or other responsive pleading must be filed with the court; or (b) If the defense has been commenced, 20 days before the time an application is made with the court to withdraw as the attorney of record in accordance with NRS 41.0346. (Added to NRS by 1979, 1733) NRS 41.0342 Arrangements and circumstances of defense not admissible in evidence. No fact pertaining to the arrangements or circumstances by which the State or political subdivision or any attorney thereof defends any person or does not do so is admissible in evidence at trial or in any other proceeding in the civil action in which that person is a defendant, except in connection with an application to withdraw as the attorney of record. (Added to NRS by 1979, 1734) NRS 41.0343 Waiver of attorney-client privilege may not be required. The State or appropriate political subdivision may not require a waiver of the attorney-client privilege as a condition of tendering the defense of any of its officers or employees, but nothing in this section precludes an application to withdraw as the attorney of record. (Added to NRS by 1979, 1734) NRS 41.03435 Employment of special counsel by Attorney General. The Attorney General may employ special counsel whose compensation must be fixed by the Attorney General, subject to the approval of the State Board of Examiners, if the Attorney General determines at any time prior to trial that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by the Attorney General or a deputy attorney general. Compensation for special counsel must be paid out of the reserve for statutory contingency account. (Added to NRS by 1979, 1734; A 1991, 1751) NRS 41.0344 Employment of special counsel by chief legal officer or attorney of political subdivision. The chief legal officer or attorney of a political subdivision may employ special counsel whose compensation must be fixed by the governing body of the political subdivision if he determines at any time prior to trial that it is impracticable or could constitute a conflict of interest for the legal services to be rendered by him. Compensation for special counsel must be paid by the political subdivision. (Added to NRS by 1979, 1734) NRS 41.0345 Defense may be tendered to insurer authorized to defend action. The official attorney may provide for the defense of any person who is entitled to a defense from the State or political subdivision by tendering the defense to an insurer who, pursuant to a contract of insurance, is authorized to defend the action. (Added to NRS by 1979, 1734; A 1999, 782) NRS 41.03455 Defendant may employ own counsel. At any time after a written request for defense is submitted to the official attorney, the person requesting the defense may employ his own counsel to defend the action. At that time, the State or political subdivision is excused from any further duty to represent that person and is not liable for any expenses in defending the action, including court costs and attorney’s fees. (Added to NRS by 1979, 1734) NRS 41.0346 Withdrawal of official attorney as attorney of record. 1. At any time after the official attorney has appeared in any civil action and commenced to defend any person sued as a public officer, employee, immune contractor, member of a board or commission, or Legislator, the official attorney may apply to any court to withdraw as the attorney of record for that person based upon: (a) Discovery of any new material fact which was not known at the time the defense was tendered and which would have altered the decision to tender the defense; (b) Misrepresentation of any material fact by the person requesting the defense, if that fact would have altered the decision to tender the defense if the misrepresentation had not occurred; (c) Discovery of any mistake of fact which was material to the decision to tender the defense and which would have altered the decision but for the mistake; (d) Discovery of any fact which indicates that the act or omission on which the civil action is based was not within the course and scope of public duty or employment or was wanton or malicious; (e) Failure of the defendant to cooperate in good faith with the defense of the case; or (f) If the action has been brought in a court of competent jurisdiction of this state, failure to name the State or political subdivision as a party defendant, if there is sufficient evidence to establish that the civil action is clearly not based on any act or omission relating to the defendant’s public duty or employment. 2. If any court grants a motion to withdraw on any of the grounds set forth in subsection 1 brought by the official attorney, the State or political subdivision has no duty to continue to defend any person who is the subject of the motion to withdraw. (Added to NRS by 1979, 1734; A 1987, 541; 1999, 782) NRS 41.0347 Liability of State or political subdivision for failure to provide defense. If the official attorney does not provide for the defense of a present or former officer, employee, immune contractor, member of a board or commission of the State or any political subdivision or of a Legislator in any civil action in which the State or political subdivision is also a named defendant, or which was brought in a court other than a court of competent jurisdiction of this state, and if it is judicially determined that the injuries arose out of an act or omission of that person during the performance of any duty within the course and scope of his public duty or employment and that his act or omission was not wanton or malicious: 1. If the Attorney General was responsible for providing the defense, the State is liable to that person for reasonable expenses in prosecuting his own defense, including court costs and attorney’s fees. These expenses must be paid, upon approval by the State Board of Examiners, from the Reserve for Statutory Contingency Account. 2. If the chief legal officer or attorney of a political subdivision was responsible for providing the defense, the political subdivision is liable to that person for reasonable expenses in carrying on his own defense, including court costs and attorney’s fees. (Added to NRS by 1979, 1735; A 1987, 542; 1991, 1751) Verdict, Judgment, Damages and Indemnification NRS 41.03475 No judgment against State or political subdivision permitted for acts outside scope of public duties or employment; exception. Except as otherwise provided in NRS 41.745, no judgment may be entered against the State of Nevada or any agency of the State or against any political subdivision of the State for any act or omission of any present or former officer, employee, immune contractor, member of a board or commission, or Legislator which was outside the course and scope of his public duties or employment. (Added to NRS by 1979, 1735; A 1987, 542; 1997, 1357) NRS 41.0348 Special verdict required. In every action or proceeding in any court of this state in which both the State or political subdivision and any present or former officer, employe

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