but such actions must be brought within 3 years after the discovery, by the aggrieved party, of the facts upon which the penalty or forfeiture attached, or the liability was created. [1911 CPA § 42; RL § 4984; NCL § 8541] NRS 11.390 Acknowledgment or new promise must be in writing; exception. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract whereby to take the case out of the operation of this chapter, unless the same be contained in some writing signed by the party to be charged thereby, except as provided in NRS 11.200. [1911 CPA § 43; RL § 4985; NCL § 8542] RECOMMENCEMENT OF CERTAIN ACTIONS NRS 11.500 Recommencement of actions dismissed for lack of subject matter jurisdiction. 1. Notwithstanding any other provision of law, and except as otherwise provided in this section, if an action that is commenced within the applicable period of limitations is dismissed because the court lacked jurisdiction over the subject matter of the action, the action may be recommenced in the court having jurisdiction within: (a) The applicable period of limitations; or (b) Ninety days after the action is dismissed, whichever is later. 2. An action may be recommenced only one time pursuant to paragraph (b) of subsection 1. 3. An action may not be recommenced pursuant to paragraph (b) of subsection 1 more than 5 years after the date on which the original action was commenced. 4. Paragraph (b) of subsection 1 does not apply to a contract that is subject to the provisions of chapter 104 of NRS. (Added to NRS by 2003, 2134; A 2005, 247) CHAPTER 12 - PARTIES NRS 12.010 Assignment of thing in action not to prejudice defense. NRS 12.015 Actions involving indigent persons. NRS 12.020 Actions by married persons. NRS 12.030 Defense of actions against husband and wife. NRS 12.040 Deserted husband or wife as a party. NRS 12.050 Appointment of guardian ad litem. NRS 12.070 Parent or guardian may maintain action for seduction. NRS 12.080 Parent or guardian may maintain action for injury of minor child. NRS 12.100 Action not to abate by death of any party after verdict. NRS 12.105 State and local governmental agencies may be sued without naming members of their governing bodies; service. NRS 12.107 Limitation on commencement of lawsuit against manufacturer or distributor of firearm or ammunition or trade association related to firearms or ammunition; exception for breach of contract or warranty. NRS 12.110 Associates may be sued by name of association; summons; judgment to bind joint property. NRS 12.120 Unknown heirs to real property may be made parties; allegations and proof that names and residences of heirs are unknown. NRS 12.130 Intervention: Right to intervene; procedure, determination and costs. _________ NRS 12.010 Assignment of thing in action not to prejudice defense. Except as provided for secured transactions in chapter 104 of NRS, in the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense existing at the time of, or before notice of, the assignment; but this section shall not apply to a negotiable promissory note, or bill of exchange, transferred in good faith and upon good consideration before due. [1911 CPA § 46; RL § 4988; NCL § 8545]—(NRS A 1965, 913) NRS 12.015 Actions involving indigent persons. 1. Any person who desires to prosecute or defend a civil action may: (a) File an affidavit with the court setting forth with particularity facts concerning his income, property and other resources which establish that he is unable to prosecute or defend the action because he is unable to pay the costs of so doing; or (b) Submit a statement or otherwise indicate to the court that he is a client of a program for legal aid. 2. If the court is satisfied that a person who files an affidavit pursuant to subsection 1 is unable to pay the costs of prosecuting or defending the action or if the court finds that a person is a client of a program for legal aid, the court shall order: (a) The clerk of the court: (1) To allow the person to commence or defend the action without costs; and (2) To file or issue any necessary writ, process, pleading or paper without charge. (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. 3. If the person is required to have proceedings reported or recorded, or if the court determines that the reporting, recording 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. 4. If the person prevails in the action, the court shall enter its order requiring the losing party to pay into court within 5 days the costs which would have been incurred by the prevailing party, and those costs must then be paid as provided by law. 5. Where the affidavit establishes that the person is unable to defend an action, the running of the time within which to appear and answer or otherwise defend is tolled during the period between the filing of the affidavit and the ruling of the court thereon. 6. An affidavit filed pursuant to this section, and any application or request for an order filed with the affidavit, does not constitute a general appearance before the court by the affiant or give the court personal jurisdiction over him. 7. The order of the court to which application is made pursuant to this section is not appealable. 8. As used in this section, “client of a program for legal aid” means a person: (a) Who is represented by an attorney who is employed by or volunteering for a program for legal aid organized under the auspices of the State Bar of Nevada, a county or local bar association, a county or municipal program for legal services or other program funded by this State or the United States to provide legal assistance to indigent persons; and (b) Whose eligibility for such representation is based upon indigency. (Added to NRS by 1967, 1209; A 1989, 201; 1991, 455; 2005, 197) NRS 12.020 Actions by married persons. A husband and wife may sue jointly on all causes of action belonging to either or both of them, except: 1. When the action is for personal injuries, the spouse having sustained personal injuries is a necessary party; and 2. When the action is for compensation for services rendered, the spouse having rendered the services is a necessary party. [1911 CPA § 47; A 1937, 29; 1931 NCL § 8546]—(NRS A 1975, 557) NRS 12.030 Defense of actions against husband and wife. If husband and wife are sued together, either or both may defend, and if either neglects to defend, the other may defend for both. [1911 CPA § 48; RL § 4990; NCL § 8547]—(NRS A 1975, 558) NRS 12.040 Deserted husband or wife as a party. When a husband has deserted his family, the wife may prosecute or defend in his name any action which he might have prosecuted or defended, and shall have the same powers and rights therein as he might have, and, under like circumstances, the husband shall have the same right. [1911 CPA § 49; RL § 4991; NCL § 8548] NRS 12.050 Appointment of guardian ad litem. When a guardian ad litem is appointed by the court, he must be appointed as follows: 1. When the infant is plaintiff, upon the application of the infant if he be of the age of 14 years, or, if under that age, upo

Vegas Law