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Vegas Law

nt. In the absence of an agreement, the lien is for a reasonable fee for the services which the attorney has rendered for the client on account of the suit, claim, demand or action. 2. An attorney perfects his lien by serving notice in writing, in person or by certified mail, return receipt requested, upon his client and upon the party against whom his client has a cause of action, claiming the lien and stating the interest which he has in any cause of action. 3. The lien attaches to any verdict, judgment or decree entered and to any money or property which is recovered on account of the suit or other action, from the time of service of the notices required by this section. 4. On motion filed by an attorney having a lien under this section, his client or any party who has been served with notice of the lien, the court shall, after 5 days’ notice to all interested parties, adjudicate the rights of the attorney, client or other parties and enforce the lien. 5. Collection of attorney’s fees by a lien under this section may be utilized with, after or independently of any other method of collection. (Added to NRS by 1977, 773) NRS 18.020 Cases in which costs allowed prevailing party. Costs must be allowed of course to the prevailing party against any adverse party against whom judgment is rendered, in the following cases: 1. In an action for the recovery of real property or a possessory right thereto. 2. In an action to recover the possession of personal property, where the value of the property amounts to more than $2,500. The value must be determined by the jury, court or master by whom the action is tried. 3. In an action for the recovery of money or damages, where the plaintiff seeks to recover more than $2,500. 4. In a special proceeding, except a special proceeding conducted pursuant to NRS 306.040. 5. In an action which involves the title or boundaries of real estate, or the legality of any tax, impost, assessment, toll or municipal fine, including the costs accrued in the action if originally commenced in a Justice Court. [1911 CPA § 435; RL § 5377; NCL § 8924]—(NRS A 1969, 435; 1977, 774; 1979, 65, 1725; 1981, 470; 1985, 1503, 1622; 1995, 2793) NRS 18.025 Court not to refuse to award attorney’s fees or costs solely because public officer or agency is prevailing party. 1. A court shall not: (a) Refuse to award attorney’s fees or costs to the State, a local government, a public officer or a public employee; or (b) Reduce the amount of the attorney’s fees or costs it awards to the State, a local government, a public officer or a public employee, as the prevailing party in a civil action or as a party otherwise entitled to receive attorney’s fees or costs, solely because the prevailing party is the State, a local government, a public officer or a public employee. 2. If a court determines that the State, a local government, a public officer or a public employee is entitled to receive attorney’s fees or costs pursuant to the Nevada Rules of Civil Procedure, the Nevada Rules of Appellate Procedure, the provisions of this chapter or another specific statute, it shall award the attorney’s fees and costs at the rates set forth in the rule or statute. If rates are not set forth in the rule or statute, the court shall award reasonable attorney’s fees and costs. 3. As used in this section, “local government” means any county, city, district, agency or other political subdivision of this state. (Added to NRS by 1993, 262) NRS 18.030 Costs and disbursements in actions where defendants might have been joined. When several actions are brought on one bond, undertaking, promissory note, bill of exchange, or other instrument in writing, or in any other case for the same cause of action, against several parties who might have been joined as defendants in the same action, no costs shall be allowed to the plaintiff in more than one of such actions, which may be at his election, if the party proceeded against in the other actions was at the commencement of the previous action openly within this state; but the disbursements of the plaintiff shall be allowed to him in each action. [1911 CPA § 436; RL § 5378; NCL § 8925] NRS 18.050 Discretion of the court in allowing costs. Except as limited by this section, in other actions in the district court, part or all of the prevailing party’s costs may be allowed and may be apportioned between the parties, or on the same or adverse sides. If, in the judgment of the court, the plaintiff believes he was justified in bringing the action in the district court, and he recovers at least $700 in money or damages, or personal property of that value, the court may allow the plaintiff part or all of his costs. [1911 CPA § 438; RL § 5380; NCL § 8927]—(NRS A 1977, 775; 1979, 1726; 1981, 174, 470) NRS 18.060 Costs of appeal to Supreme Court; discretion of court. In the following cases the costs of an appeal to the Supreme Court shall be in the discretion of the court: 1. Where a new trial is ordered. 2. When a judgment is modified. In the event no order is made by the court relative to the costs in the two instances mentioned in this section, the party obtaining any relief shall have his costs. [1911 CPA § 439; RL § 5381; NCL § 8928] NRS 18.070 Payment of costs on postponement; costs and attorney’s fees on mistrial. 1. When an application is made to a court or master to postpone a trial, the payment of costs, occasioned by the postponement may be imposed, in the discretion of the court or master, as a condition of granting the postponement. 2. A court may impose costs and reasonable attorney’s fees against a party or an attorney who, in the judgment of the court, purposely caused a mistrial to occur. [1911 CPA § 441; RL § 5383; NCL § 8930]—(NRS A 1977, 775) NRS 18.080 Effect of tender in action for recovery of money. When, in an action for the recovery of money only, the defendant alleges in his answer that before the commencement of the action he tendered to the plaintiff the full amount to which he was entitled, and thereupon deposits in court, for the plaintiff, the amount so tendered, and the allegations be found to be true, the plaintiff shall not recover costs, but shall pay costs to the defendant. [1911 CPA § 442; RL § 5384; NCL § 8931] NRS 18.090 Costs in actions by or against executors and trustees. In an action prosecuted or defended by an executor, administrator, trustee of express trust, or a person expressly authorized by statute, costs may be recovered as in an action by and against a person prosecuting and defending in his own right; but such costs shall, by the judgment, be made chargeable only upon the estate, fund, or party represented, unless the court shall direct the same to be paid by the plaintiff or defendant, personally, for mismanagement or bad faith in the action or defense. [1911 CPA § 443; RL § 5385; NCL § 8932] NRS 18.110 Verified memorandum of costs: Filing and service; witness’ and clerk’s fee; retaxing and settling costs. 1. The party in whose favor judgment is rendered, and who claims his costs, must file with the clerk, and serve a copy upon the adverse party, within 5 days after the entry of judgment, or such further time as the court or judge may grant, a memorandum of the items of his costs in the action or proceeding, which memorandum must be verified by the oath of the party, or his attorney or agent, or by the clerk of his attorney, stating that to the best of his knowledge and belief the items are correct, and that the costs have been necessarily incurred in the action or proceeding. 2. He shall be entitled to recover the witness fees, although at the time he may not actually have paid them. Issuance or service of subpoena shall not be necessary to entitle a prevailing party to tax, as costs, witness fees and mil

Vegas Law




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