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Vegas Law

ion of the Territory of Nevada, shall be invalid for any informality, and no property or rights of property acquired under such judgments shall be declared invalid by reason of any irregularity in the proceedings. [1:117:1864] NRS 17.020 Action against sheriff for official acts; notice to sureties. If an action be brought against a sheriff for an act done by virtue of his office, and he give written notice thereof to the sureties on any bond of indemnity received by him, the judgment recovered therein shall be conclusive evidence of his right to recover against such sureties, and the court or judge in vacation, may, on motion, upon notice of 5 days, order judgment to be entered up against them for the amount so recovered, including costs. [1911 CPA § 300; RL § 5242; NCL § 8798] NRS 17.025 Payment of judgment in favor of minor. Whenever a judgment for a sum of money is entered in favor of a minor, the court may: 1. Direct the money to be paid to either parent, or if the parents of the minor are living separate and apart, to the custodial parent, or if no custody award has been made, to the parent with whom the minor is living, or if a general guardian or guardian of the estate of the minor has been appointed, to the guardian, with or without the filing of any bond; or 2. Require a general guardian or guardian ad litem to be appointed and the money to be paid to the guardian or guardian ad litem with or without the filing of any bond, as in the discretion of the court seems to be in the best interests of the minor. (Added to NRS by 1979, 392; A 1983, 15) PARTIES NOT ORIGINALLY SUMMONED NRS 17.030 Parties not summoned in action on joint obligation may be summoned after judgment. When a judgment is recovered against one or more of several persons jointly indebted upon an obligation, by proceedings as provided in NRS 14.060, those who were not originally served with the summons and did not appear to the action may be summoned to show cause why they should not be bound by the judgment in the same manner as though they had been originally served with the summons. [1911 CPA § 301; RL § 5243; NCL § 8799] NRS 17.040 Summons: Contents and service. The summons, as provided in NRS 17.030, shall describe the judgment, and require the person summoned to show cause why he should not be bound by it, and shall be served in the same manner, and returnable within the same time, as the original summons. It shall not be necessary to file a new complaint. [1911 CPA § 302; RL § 5244; NCL § 8800] NRS 17.050 Affidavit to accompany summons. The summons shall be accompanied by an affidavit of the plaintiff, his agent, representative or attorney, that the judgment, or some part thereof, remains unsatisfied, and shall specify the amount due thereon. [1911 CPA § 303; RL § 5245; NCL § 8801] NRS 17.060 Answer. Upon such summons, the defendant may answer within the time specified therein, denying the judgment or setting up any defense which may have arisen subsequently, or he may deny his liability on the obligation upon which the judgment was recovered, except a discharge from such liability by the statute of limitations. [1911 CPA § 304; RL § 5246; NCL § 8802] NRS 17.070 Written allegations. If the defendant, in his answer, deny the judgment, or set up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer shall constitute the written allegations in the case. If he deny his liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer shall constitute such written allegations. [1911 CPA § 305; RL § 5247; NCL § 8803] NRS 17.080 Trial of issues; amount of judgment if verdict found against defendant. The issues formed may be tried as in other cases, but when the defendant denies, in his answer, any liability on the obligation upon which the judgment was rendered, if a verdict be found against him, it shall be for the amount remaining unsatisfied on such original judgment, with interest thereon. [1911 CPA § 306; RL § 5248; NCL § 8804] BY CONFESSION NRS 17.090 Judgment by confession for debt due or contingent liability. A judgment by confession may be entered without action, either for money due or to become due or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by NRS 17.090 to 17.110, inclusive. [1911 CPA § 307; RL § 5249; NCL § 8805] NRS 17.100 Written statement made by defendant; form. A statement in writing shall be made, signed by the defendant and verified by his oath, to the following effect: 1. It shall authorize the entry of judgment for a specified sum. 2. If it be money due, or to become due, it shall state concisely the facts out of which it arose, and shall show that the sum confessed therefor is justly due, or to become due. 3. If it be for the purpose of securing the plaintiff against a contingent liability, it shall state concisely the facts constituting the liability, and shall show that the sum confessed therefor does not exceed the same. [1911 CPA § 308; RL § 5250; NCL § 8806] NRS 17.110 Filing of statement; endorsement by clerk; entry of judgment; judgment roll; costs. The statement must be filed with the clerk of the court in which the judgment is to be entered. The clerk shall endorse upon it and enter in the judgment book a judgment of the court for the amount confessed, with $28 costs. The judgment and affidavit, with the judgment endorsed, thereupon become the judgment roll. [1911 CPA § 309; RL § 5251; NCL § 8807]—(NRS A 1981, 1792; 1993, 1355; 2001, 3215) COMPROMISE NRS 17.115 Offer of judgment. 1. At any time more than 10 days before trial, any party may serve upon one or more other parties a written offer to allow judgment to be taken in accordance with the terms and conditions of the offer of judgment. 2. Except as otherwise provided in subsection 7, if, within 10 days after the date of service of an offer of judgment, the party to whom the offer was made serves written notice that the offer is accepted, the party who made the offer or the party who accepted the offer may file the offer, the notice of acceptance and proof of service with the clerk. Upon receipt by the clerk: (a) The clerk shall enter judgment according to the terms of the offer unless: (1) A party who is required to pay the amount of the offer requests dismissal of the claim instead of entry of the judgment; and (2) The party pays the amount of the offer within a reasonable time after the offer is accepted. (b) Regardless of whether a judgment or dismissal is entered pursuant to paragraph (a), the court shall award costs in accordance with NRS 18.110 to each party who is entitled to be paid under the terms of the offer, unless the terms of the offer preclude a separate award of costs. Any judgment entered pursuant to this section shall be deemed a compromise settlement. 3. If the offer of judgment is not accepted pursuant to subsection 2 within 10 days after the date of service, the offer shall be deemed rejected by the party to whom it was made and withdrawn by the party who made it. The rejection of an offer does not preclude any party from making another offer pursuant to this section. Evidence of a rejected offer is not admissible in any proceeding other than a proceeding to determine costs and fees. 4. Except as otherwise provided in this section, if a party who rejects an offer of judgment fails to obtain a more favorable judgment, the court: (a) May not award to the party any costs or attorney’s fees; (b) May not award to the party any interest on the judgment for the period from the date of service of the offer to the date of entry of the judgmen

Vegas Law




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