eage, provided that such witnesses be sworn and testify in the cause. 3. It shall not be necessary to embody in the memorandum the fees of the clerk, but the clerk shall add the same according to his fees fixed by statute. 4. Within 3 days after service of a copy of the memorandum, the adverse party may move the court, upon 2 days’ notice, to retax and settle the costs, notice of which motion shall be filed and served on the prevailing party claiming costs. Upon the hearing of the motion the court or judge shall settle the costs. [1911 CPA § 445; A 1919, 56; NCL § 8934]—(NRS A 1977, 775) NRS 18.120 Interest and costs must be included by clerk in judgment. The clerk shall include in the judgment entered up by him any interest on the verdict or judgment of the court or master, from the time it was rendered or made, and the costs, if the same have been taxed or ascertained; and he shall, within 2 days after the same shall be taxed or ascertained, if not included in the judgment, insert the same in a blank to be left in the judgment for that purpose, and shall make a similar insertion of the costs in the copies and docket of the judgment. [1911 CPA § 446; RL § 5388; NCL § 8935] NRS 18.130 When plaintiff may be required to secure costs; affidavits of sureties; dismissal of action if undertaking not filed. 1. When a plaintiff in an action resides out of the State, or is a foreign corporation, security for the costs and charges which may be awarded against such plaintiff may be required by the defendant, by the filing and service on plaintiff of a written demand therefor within the time limited for answering the complaint. When so required, all proceedings in the action shall be stayed until an undertaking, executed by two or more persons, be filed with the clerk, to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action, not exceeding the sum of $500; or in lieu of such undertaking, the plaintiff may deposit $500, lawful money, with the clerk of the court, subject to the same conditions as required for the undertaking. The plaintiff, upon filing the undertaking or depositing the security, shall notify the defendant of such filing or deposit, and the defendant, after receipt of such notice, shall have 10 days or the period allowed under N.R.C.P. 12(a), whichever is longer, in which to answer or otherwise plead to the complaint. 2. A new or an additional undertaking may be ordered by the court or judge upon proof that the original undertaking is insufficient security, and proceedings in the action stayed until such new or additional undertaking be executed and filed. 3. Each of the sureties on the undertaking mentioned in subsection 1 shall annex to the same an affidavit that he is a resident and householder, or freeholder, within the county and is worth double the amount specified in the undertaking, over and above all his just debts and liabilities, exclusive of property exempt from execution. 4. After the lapse of 30 days from the service of notice that security is required, or of an order for new or additional security, upon proof thereof, and that no undertaking as required has been filed, the court or judge may order the action to be dismissed. [1911 CPA § 447; A 1939, 20; 1931 NCL § 8936] + [1911 CPA § 448; RL § 5390; NCL § 8937] + [1911 CPA § 449; RL § 5391; NCL § 8938]—(NRS A 1969, 632; 1971, 243) NRS 18.140 Plaintiffs for whom bond or undertaking not required. In any civil action or proceeding wherein the State, or the people of the State, is a party plaintiff, or any state officer, in his official capacity or in behalf of the State, or any county, city and county, city or town, or the United States of America, or the Home Owners’ Loan Corporation, a federal corporation, is a party plaintiff, no bond, written undertaking, or security can be required of the State, or the people thereof, or of the United States of America, or the Home Owners’ Loan Corporation, a federal corporation, or any officer thereof, or of any county, city and county, city or town; but on complying with the other provisions of NRS the State, or the people thereof, or the United States of America, or the Home Owners’ Loan Corporation, a federal corporation, or any officer thereof acting in his official capacity, has the same rights, remedies and benefits as if the bond, undertaking, or security were given and approved as required by this or any other law of the State of Nevada. [1911 CPA § 447a; added 1935, 286; 1931 NCL § 8936.01] NRS 18.150 Payment of costs and attorney’s fees when State or county is a party. 1. When the State is a party, and costs or attorney’s fees are awarded against it, they must be paid out of the State Treasury. 2. When a county is a party, and costs or attorney’s fees are awarded against it, they must be paid out of the county treasury. [1911 CPA § 450; RL § 5392; NCL § 8939] + [1911 CPA § 451; RL § 5393; NCL § 8940]—(NRS A 1977, 776) NRS 18.160 Costs allowed judgment creditor; memorandum of costs; motion to tax. 1. A judgment creditor may claim costs for one or more of the following items: (a) Statutory fees for preparing or issuing an abstract of judgment. (b) Statutory fees for recording, receiving or filing an abstract of judgment. (c) Statutory fees for issuing a writ of execution, or any writ for the enforcement of any order or judgment. (d) Statutory fees for issuing an order of sale. (e) Statutory fees of sheriffs or constables in connection with serving, executing or levying any writ or making any return, or for keeping or caring for property held by virtue of such a writ. (f) Costs or disbursements incurred in connection with any proceeding supplementary to execution which have been approved as to necessity, propriety and amount by the judge ordering or conducting the proceeding. 2. A judgment creditor shall serve upon the adverse party either personally or by mail, and file at any time or times not more than 6 months after the items have been incurred and before the time the judgment is fully satisfied, a memorandum of the items of his costs and necessary disbursements, verified by him or his attorney, stating that to the best of his knowledge and belief the items are correct, and that they have been necessarily or reasonably incurred in the action or proceeding. 3. Any party dissatisfied with the costs claimed may, within 5 days after the service of a copy of the bill of costs, file a motion to have the same taxed by the court in which the judgment was rendered, or by the judge thereof at chambers. (Added to NRS by 1963, 310; A 1989, 902) NRS 18.170 Notice of motion for order allowing costs and necessary disbursements; order. A judgment creditor claiming costs or necessary disbursements reasonably incurred in aid of the collection of a judgment or of any execution issued thereon, other than those specified in NRS 18.160, including items which have been disallowed by the judge in the supplemental proceeding, shall serve the adverse party either personally or by mail, and file, at any time or times not more than 6 months after such item has been incurred and prior to the time the judgment is fully satisfied, a notice of motion for an order allowing the same, specifying the items claimed and the amount thereof, and supported by an affidavit of the party or his attorney or agent stating that to the best of his knowledge and belief the items are correct and showing that the costs were reasonable, and the disbursements reasonably and necessarily incurred. The court or judge hearing such motion shall make such order respecting the costs or disbursements so claimed as the circumstances justify, allowing the same in whole or in part, or disallowing the same. (Added to NRS by 1963, 310) NRS 18.180 Entry of amount of costs on margin of judgment. Within 2 days a

Vegas Law