2005 Nevada Revised Statutes - Chapter 17 — Judgments

CHAPTER 17 - JUDGMENTS

GENERAL PROVISIONS

NRS 17.010 Judgmentsof Utah territorial courts validated.

NRS 17.020 Actionagainst sheriff for official acts; notice to sureties.

NRS 17.025 Paymentof judgment in favor of minor.

PARTIES NOT ORIGINALLY SUMMONED

NRS 17.030 Partiesnot summoned in action on joint obligation may be summoned after judgment.

NRS 17.040 Summons:Contents and service.

NRS 17.050 Affidavitto accompany summons.

NRS 17.060 Answer.

NRS 17.070 Writtenallegations.

NRS 17.080 Trialof issues; amount of judgment if verdict found against defendant.

BY CONFESSION

NRS 17.090 Judgmentby confession for debt due or contingent liability.

NRS 17.100 Writtenstatement made by defendant; form.

NRS 17.110 Filingof statement; endorsement by clerk; entry of judgment; judgment roll; costs.

COMPROMISE

NRS 17.115 Offerof judgment.

MANNER OF GIVING AND ENTERING

NRS 17.120 Replevin;judgment to be in alternative and with damages.

NRS 17.130 Computationof amount of judgment; interest.

NRS 17.140 Deathof party after verdict or decision; court may render judgment; not to be lienon real property.

NRS 17.150 Docketingof judgments of state and federal courts; recording of transcripts, abstractsand copies of judgments; liens on real property; duration of liens; affidavitrequired of judgment creditor who records judgment or decree.

NRS 17.160 Docketdefined; contents.

NRS 17.170 Docketsopen for public inspection without charge.

NRS 17.190 Computationof costs in judgment; insertion by clerk.

SATISFACTION

NRS 17.200 Entryin docket.

RENEWAL

NRS 17.214 Filingand contents of affidavit; recording affidavit of renewal; notice to judgmentdebtor.

CONTRIBUTION AMONG TORTFEASORS

NRS 17.225 Rightto contribution.

NRS 17.235 Effectof judgment against one tortfeasor.

NRS 17.245 Effectof release or covenant not to sue.

NRS 17.255 Intentionaltort bars right to contribution.

NRS 17.265 Certainrights of indemnity unimpaired.

NRS 17.275 Subrogationof insurer.

NRS 17.285 Enforcementof right of contribution.

NRS 17.295 Equitableshares.

NRS 17.305 Inapplicabilityto breach of fiduciary relationship.

ENFORCEMENT OF FOREIGN JUDGMENTS (UNIFORM ACT)

NRS 17.330 Shorttitle.

NRS 17.340 Foreignjudgment defined.

NRS 17.350 Filingand status of foreign judgments.

NRS 17.360 Affidavit;notice of filing judgment and affidavit.

NRS 17.370 Stayof enforcement of foreign judgment.

NRS 17.380 Fees.

NRS 17.390 Judgmentcreditor may bring action to enforce judgment.

NRS 17.400 Uniformityof interpretation.

FOREIGN-MONEY CLAIMS (UNIFORM ACT)

NRS 17.410 Shorttitle; uniformity of application and construction.

NRS 17.420 Scopeand applicability.

NRS 17.430 Definitions.

NRS 17.440 Actiondefined.

NRS 17.450 Bank-offeredspot rate defined.

NRS 17.460 Dateof conversion defined.

NRS 17.470 Distributiveproceeding defined.

NRS 17.480 Foreignmoney defined.

NRS 17.490 Foreign-moneyclaim defined.

NRS 17.500 Moneydefined.

NRS 17.510 Moneyof the claim defined.

NRS 17.520 Persondefined.

NRS 17.530 Rateof exchange defined.

NRS 17.540 Spotrate defined.

NRS 17.550 Statedefined.

NRS 17.560 Variationby agreement.

NRS 17.570 Determiningmoney of the claim.

NRS 17.580 Determiningamount of money of certain contract claims.

NRS 17.590 Assertingand defending foreign-money claim.

NRS 17.600 Judgmentsand awards on foreign-money claims; times of money conversion; form ofjudgment.

NRS 17.610 Conversionof foreign money in distributive proceeding.

NRS 17.620 Prejudgmentand judgment interest.

NRS 17.630 Enforcementof foreign judgments.

NRS 17.640 DeterminingUnited States dollar value of foreign-money claims for limited purposes.

NRS 17.650 Effectof currency revalorization.

NRS 17.660 Supplementarygeneral principles of law.

_________

GENERAL PROVISIONS

NRS 17.010 Judgmentsof Utah territorial courts validated. No judgmentsof the courts of justice rendered in the Territory of Utah, prior to theorganization of the Territory of Nevada, whereby property was acquired withinany portion of the Territory of Nevada, shall be invalid for any informality,and no property or rights of property acquired under such judgments shall bedeclared invalid by reason of any irregularity in the proceedings.

[1:117:1864]

NRS 17.020 Actionagainst sheriff for official acts; notice to sureties.If an action be brought against a sheriff for an act done by virtue ofhis office, and he give written notice thereof to the sureties on any bond ofindemnity received by him, the judgment recovered therein shall be conclusiveevidence of his right to recover against such sureties, and the court or judgein vacation, may, on motion, upon notice of 5 days, order judgment to beentered up against them for the amount so recovered, including costs.

[1911 CPA 300; RL 5242; NCL 8798]

NRS 17.025 Paymentof judgment in favor of minor. Whenever a judgmentfor 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 ifthe parents of the minor are living separate and apart, to the custodialparent, or if no custody award has been made, to the parent with whom the minoris living, or if a general guardian or guardian of the estate of the minor hasbeen appointed, to the guardian, with or without the filing of any bond; or

2. Require a general guardian or guardian ad litem tobe appointed and the money to be paid to the guardian or guardian ad litem withor without the filing of any bond,

as in thediscretion 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 Partiesnot summoned in action on joint obligation may be summoned after judgment. When a judgment is recovered against one or more ofseveral persons jointly indebted upon an obligation, by proceedings as providedin NRS 14.060, those who were notoriginally served with the summons and did not appear to the action may besummoned to show cause why they should not be bound by the judgment in the samemanner 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 providedin NRS 17.030, shall describe thejudgment, and require the person summoned to show cause why he should not bebound by it, and shall be served in the same manner, and returnable within thesame time, as the original summons. It shall not be necessary to file a newcomplaint.

[1911 CPA 302; RL 5244; NCL 8800]

NRS 17.050 Affidavitto accompany summons. The summons shall beaccompanied by an affidavit of the plaintiff, his agent, representative orattorney, that the judgment, or some part thereof, remains unsatisfied, andshall specify the amount due thereon.

[1911 CPA 303; RL 5245; NCL 8801]

NRS 17.060 Answer. Upon such summons, the defendant may answer within thetime specified therein, denying the judgment or setting up any defense whichmay have arisen subsequently, or he may deny his liability on the obligationupon which the judgment was recovered, except a discharge from such liabilityby the statute of limitations.

[1911 CPA 304; RL 5246; NCL 8802]

NRS 17.070 Writtenallegations. 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 thewritten allegations in the case. If he deny his liability on the obligationupon which the judgment was recovered, a copy of the original complaint andjudgment, the summons, with the affidavit annexed, and the answer shallconstitute such written allegations.

[1911 CPA 305; RL 5247; NCL 8803]

NRS 17.080 Trialof issues; amount of judgment if verdict found against defendant. The issues formed may be tried as in other cases, but whenthe defendant denies, in his answer, any liability on the obligation upon whichthe judgment was rendered, if a verdict be found against him, it shall be forthe amount remaining unsatisfied on such original judgment, with interestthereon.

[1911 CPA 306; RL 5248; NCL 8804]

BY CONFESSION

NRS 17.090 Judgmentby confession for debt due or contingent liability. Ajudgment by confession may be entered without action, either for money due orto become due or to secure any person against contingent liability on behalf ofthe 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 Writtenstatement made by defendant; form. A statementin writing shall be made, signed by the defendant and verified by his oath, tothe following effect:

1. It shall authorize the entry of judgment for aspecified sum.

2. If it be money due, or to become due, it shallstate concisely the facts out of which it arose, and shall show that the sumconfessed therefor is justly due, or to become due.

3. If it be for the purpose of securing the plaintiffagainst a contingent liability, it shall state concisely the facts constitutingthe liability, and shall show that the sum confessed therefor does not exceedthe same.

[1911 CPA 308; RL 5250; NCL 8806]

NRS 17.110 Filingof statement; endorsement by clerk; entry of judgment; judgment roll; costs. The statement must be filed with the clerk of the court inwhich the judgment is to be entered. The clerk shall endorse upon it and enterin the judgment book a judgment of the court for the amount confessed, with $28costs. The judgment and affidavit, with the judgment endorsed, thereupon becomethe judgment roll.

[1911 CPA 309; RL 5251; NCL 8807](NRS A 1981,1792; 1993, 1355; 2001,3215)

COMPROMISE

NRS 17.115 Offerof judgment.

1. At any time more than 10 days before trial, anyparty may serve upon one or more other parties a written offer to allowjudgment to be taken in accordance with the terms and conditions of the offerof 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 towhom the offer was made serves written notice that the offer is accepted, theparty who made the offer or the party who accepted the offer may file theoffer, the notice of acceptance and proof of service with the clerk. Uponreceipt by the clerk:

(a) The clerk shall enter judgment according to theterms of the offer unless:

(1) A party who is required to pay the amount ofthe offer requests dismissal of the claim instead of entry of the judgment; and

(2) The party pays the amount of the offer withina reasonable time after the offer is accepted.

(b) Regardless of whether a judgment or dismissal isentered pursuant to paragraph (a), the court shall award costs in accordancewith NRS 18.110 to each party who isentitled to be paid under the terms of the offer, unless the terms of the offerpreclude a separate award of costs.

Any judgmententered pursuant to this section shall be deemed a compromise settlement.

3. If the offer of judgment is not accepted pursuantto subsection 2 within 10 days after the date of service, the offer shall bedeemed rejected by the party to whom it was made and withdrawn by the party whomade it. The rejection of an offer does not preclude any party from makinganother offer pursuant to this section. Evidence of a rejected offer is notadmissible in any proceeding other than a proceeding to determine costs andfees.

4. Except as otherwise provided in this section, if aparty who rejects an offer of judgment fails to obtain a more favorablejudgment, the court:

(a) May not award to the party any costs or attorneysfees;

(b) May not award to the party any interest on thejudgment for the period from the date of service of the offer to the date ofentry of the judgment;

(c) Shall order the party to pay the taxable costsincurred by the party who made the offer; and

(d) May order the party to pay to the party who made theoffer any or all of the following:

(1) A reasonable sum to cover any costs incurredby the party who made the offer for each expert witness whose services werereasonably necessary to prepare for and conduct the trial of the case.

(2) Any applicable interest on the judgment forthe period from the date of service of the offer to the date of entry of thejudgment.

(3) Reasonable attorneys fees incurred by theparty who made the offer for the period from the date of service of the offerto the date of entry of the judgment. If the attorney of the party who made theoffer is collecting a contingent fee, the amount of any attorneys fees awardedto the party pursuant to this subparagraph must be deducted from thatcontingent fee.

5. To determine whether a party who rejected an offerof judgment failed to obtain a more favorable judgment:

(a) If the offer provided that the court would awardcosts, the court must compare the amount of the offer with the principal amountof the judgment, without inclusion of costs.

(b) If the offer precluded a separate award of costs,the court must compare the amount of the offer with the sum of:

(1) The principal amount of the judgment; and

(2) The amount of taxable costs that theclaimant who obtained the judgment incurred before the date of service of theoffer.

As used inthis subsection, claimant means a plaintiff, counterclaimant, cross-claimantor third-party plaintiff.

6. Multiple parties may make a joint offer of judgmentpursuant to this section.

7. A party may make to two or more other partiespursuant to this section an apportioned offer of judgment that is conditionedupon acceptance by all the parties to whom the apportioned offer is made. Eachparty to whom such an offer is made may serve upon the party who made the offera separate written notice of acceptance of the offer. If any party rejects theapportioned offer:

(a) The action must proceed as to all parties to whomthe apportioned offer was made, whether or not the other parties accepted orrejected the offer; and

(b) The sanctions set forth in subsection 4:

(1) Apply to each party who rejected theapportioned offer.

(2) Do not apply to any party who accepted theapportioned offer.

8. If the liability of one party to another party hasbeen determined by verdict, order or judgment, but the amount or extent of theliability of the party remains to be determined by further proceedings, theparty found liable may, not later than 10 days before commencement of theproceedings to determine the amount or extent of his liability, serve upon theparty to whom he is liable a written offer of judgment. An offer of judgmentmade pursuant to this subsection shall be deemed to have the same effect as anoffer of judgment made before trial.

9. The sanctions set forth in subsection 4 do notapply to:

(a) An offer of judgment made to multiple defendantsunless the same person is authorized to decide whether to settle the claimsagainst all the defendants to whom the offer is made and:

(1) There is a single common theory of liabilityagainst all the defendants to whom the offer is made;

(2) The liability of one or more of thedefendants to whom the offer is made is entirely derivative of the liability ofthe remaining defendants to whom the offer is made; or

(3) The liability of all the defendants to whomthe offer is made is entirely derivative of a common act or omission by anotherperson.

(b) An offer of judgment made to multiple plaintiffsunless the same person is authorized to decide whether to settle the claims ofall the plaintiffs to whom the offer is made and:

(1) There is a single common theory of liabilityclaimed by all the plaintiffs to whom the offer is made;

(2) The damages claimed by one or more of theplaintiffs to whom the offer is made are entirely derivative of an injury tothe remaining plaintiffs to whom the offer is made; or

(3) The damages claimed by all the plaintiffs towhom the offer is made are entirely derivative of an injury to another person.

(Added to NRS by 1971, 1129; A 1979, 829; 1987, 1027;1999, 1102; 2005, 116)

MANNER OF GIVING AND ENTERING

NRS 17.120 Replevin;judgment to be in alternative and with damages.

1. In an action to recover the possession of personalproperty, judgment for the plaintiff may be for the possession or the valuethereof, in case a delivery cannot be had, and damages for the detention or thevalue of the use thereof. If the property has been delivered to the plaintiff,and the defendant claim a return thereof, judgment for the defendant may be fora return of the property or the value thereof, in case a return cannot be had,and damages for taking and withholding the same or the value of the usethereof.

2. In an action on a contract or obligation for thedirect payment of money, payable in a specified or agreed kind of money orcurrency, judgment for the plaintiff, whether the same be by default or afterverdict, or decision of the court or master, may follow the contract orobligation, and be made payable in the kind of money or currency thereinspecified or thereby agreed.

3. In an action against any person for the recovery ofmoney received by such person in a fiduciary capacity, or to the use of another,judgment for the plaintiff, whether the same be by default or after verdict, ordecision of the court or master, may be made payable in the same kind of moneyor currency so received by such person.

[1911 CPA 327; RL 5269; NCL 8825]

NRS 17.130 Computationof amount of judgment; interest.

1. In all judgments and decrees, rendered by any courtof justice, for any debt, damages or costs, and in all executions issuedthereon, the amount must be computed, as near as may be, in dollars and cents,rejecting smaller fractions, and no judgment, or other proceedings, may beconsidered erroneous for that omission.

2. When no rate of interest is provided by contract orotherwise by law, or specified in the judgment, the judgment draws interestfrom the time of service of the summons and complaint until satisfied, exceptfor any amount representing future damages, which draws interest only from thetime of the entry of the judgment until satisfied, at a rate equal to the primerate at the largest bank in Nevada as ascertained by the Commissioner ofFinancial Institutions on January 1 or July 1, as the case may be, immediatelypreceding the date of judgment, plus 2 percent. The rate must be adjustedaccordingly on each January 1 and July 1 thereafter until the judgment issatisfied.

[1911 CPA 329; RL 5271; NCL 8827](NRS A 1979,830; 1981, 1858; 1987, 940)

NRS 17.140 Deathof party after verdict or decision; court may render judgment; not to be lienon real property. If a party dies after averdict or decision upon any issue of fact, and before judgment, the court maynevertheless render judgment thereon. Such judgment shall not be a lien on thereal property of the deceased party, but shall be payable in the course ofadministration on his estate.

[1911 CPA 330; RL 5272; NCL 8828]

NRS 17.150 Docketingof judgments of state and federal courts; recording of transcripts, abstractsand copies of judgments; liens on real property; duration of liens; affidavitrequired of judgment creditor who records judgment or decree.

1. Immediately after filing a judgment roll the clerkshall make the proper entries of the judgment, under appropriate heads, in thedocket kept by him, noting thereon the hour and minutes of the day of suchentries.

2. A transcript of the original docket or an abstract orcopy of any judgment or decree of a district court of the State of Nevada orthe District Court or other court of the United States in and for the Districtof Nevada, the enforcement of which has not been stayed on appeal, certified bythe clerk of the court where the judgment or decree was rendered, may berecorded in the office of the county recorder in any county, and when sorecorded it becomes a lien upon all the real property of the judgment debtornot exempt from execution in that county, owned by him at the time, or which hemay afterward acquire, until the lien expires. The lien continues for 6 yearsafter the date the judgment or decree was docketed, and is continued each timethe judgment or decree is renewed, unless:

(a) The enforcement of the judgment or decree is stayedon appeal by the execution of a sufficient undertaking as provided in theNevada Rules of Appellate Procedure or by the Statutes of the United States, inwhich case the lien of the judgment or decree and any lien by virtue of anattachment that has been issued and levied in the actions ceases;

(b) The judgment is for arrearages in the payment ofchild support, in which case the lien continues until the judgment issatisfied;

(c) The judgment is satisfied; or

(d) The lien is otherwise discharged.

The timeduring which the execution of the judgment is suspended by appeal, action ofthe court or defendant must not be counted in computing the time of expiration.

3. The abstract described in subsection 2 must containthe:

(a) Title of the court and the title and number of theaction;

(b) Date of entry of the judgment or decree;

(c) Names of the judgment debtor and judgment creditor;

(d) Amount of the judgment or decree; and

(e) Location where the judgment or decree is entered inthe minutes or judgment docket.

4. A judgment creditor who records a judgment ordecree shall record at that time an affidavit stating:

(a) The name and address of the judgment debtor;

(b) The judgment debtors drivers license number andstate of issuance or the judgment debtors social security number; and

(c) The judgment debtors date of birth,

if known tothe judgment creditor. If any of the information is not known, the affidavitmust include a statement of that fact.

[1911 CPA 332; A 1925, 220; 1943, 88; 1943 NCL 8830](NRS A 1965, 648; 1967, 948; 1969, 41; 1989, 585; 1993, 541; 1995, 1524)

NRS 17.160 Docketdefined; contents. The docket mentioned in NRS 17.150 is a book which the clerk shallkeep in his office, with each page divided into columns: Judgment debtors;judgment creditors; judgment; time of entry; appeals; when taken; judgment ofappellate court; satisfaction of judgment; when entered. If judgment be for therecovery of money or damages, the amount shall be stated in the docket underthe head of judgment; if the judgment be for any other relief, a memorandum ofthe general character of the relief granted shall be stated. The names of thejudgment debtors shall be entered in the docket in alphabetical order.

[1911 CPA 333; RL 5275; NCL 8831](NRS A 1965,248)

NRS 17.170 Docketsopen for public inspection without charge. Thedocket kept by the clerk shall be open at all times during office hours for theinspection of the public without charge. The clerk shall arrange the severaldockets kept by him in such a manner as to facilitate their inspection.

[1911 CPA 334; RL 5276; NCL 8832]

NRS 17.190 Computationof costs in judgment; insertion by clerk.

1. Included in any judgment filed shall be acomputation of the costs, if they have been ascertained. The clerk shall inserta computation of the costs in the copies and docket of the judgment.

2. If costs are not ascertained or included in thejudgment at the time of entry, the clerk shall, within 2 days after costs areascertained, insert the same in a blank left in the judgment for that purposeand shall make a similar insertion of costs in the copies and docket of thejudgment.

[1911 CPA 336; A 1955, 83](NRS A 1959, 25)

SATISFACTION

NRS 17.200 Entryin docket. Satisfaction of a judgment may beentered in the clerks docket if an execution is returned satisfied, and if anacknowledgment of satisfaction is filed with the clerk, made in the manner ofan acknowledgment of a conveyance of real property, by the judgment creditor,or by the attorney, unless a revocation of his authority is previously filed.Whenever a judgment is satisfied in fact, the party or attorney shall give suchan acknowledgment, and the party who has satisfied the judgment may move thecourt to compel it or to order the clerk to enter the satisfaction in thedocket of judgment.

[1911 CPA 337; RL 5279; NCL 8835](NRS A 1983,260)

RENEWAL

NRS 17.214 Filingand contents of affidavit; recording affidavit of renewal; notice to judgmentdebtor.

1. A judgment creditor or his successor in interestmay renew a judgment which has not been paid by:

(a) Filing an affidavit with the clerk of the courtwhere the judgment is entered and docketed, within 90 days before the date thejudgment expires by limitation. The affidavit must specify:

(1) The names of the parties and the name of thejudgment creditors successor in interest, if any, and the source andsuccession of his title;

(2) If the judgment is recorded, the name of thecounty and the number and the page of the book in which it is recorded;

(3) The date and the amount of the judgment andthe number and page of the docket in which it is entered;

(4) Whether there is an outstanding writ ofexecution for enforcement of the judgment;

(5) The date and amount of any payment on thejudgment;

(6) Whether there are any setoffs orcounterclaims in favor of the judgment debtor and the amount or, if a setoff orcounterclaim is unsettled or undetermined it will be allowed as payment orcredit on the judgment;

(7) The exact amount due on the judgment;

(8) If the judgment was docketed by the clerk ofthe court upon a certified copy from any other court, and an abstract recordedwith the county clerk, the name of each county in which the transcript has beendocketed and the abstract recorded; and

(9) Any other fact or circumstance necessary toa complete disclosure of the exact condition of the judgment.

Allinformation in the affidavit must be based on the personal knowledge of theaffiant, and not upon information and belief.

(b) If the judgment is recorded, recording theaffidavit of renewal in the office of the county recorder in which the originaljudgment is filed within 3 days after the affidavit of renewal is filedpursuant to paragraph (a).

2. The filing of the affidavit renews the judgment tothe extent of the amount shown due in the affidavit.

3. The judgment creditor or his successor in interestshall notify the judgment debtor of the renewal of the judgment by sending acopy of the affidavit of renewal by certified mail, return receipt requested,to him at his last known address within 3 days after filing the affidavit.

4. Successive affidavits for renewal may be filedwithin 90 days before the preceding renewal of the judgment expires bylimitation.

(Added to NRS by 1985, 699; A 1995, 1525)

CONTRIBUTION AMONG TORTFEASORS

NRS 17.225 Rightto contribution.

1. Except as otherwise provided in this section and NRS 17.235 to 17.305, inclusive, where two or morepersons become jointly or severally liable in tort for the same injury toperson or property or for the same wrongful death, there is a right ofcontribution among them even though judgment has not been recovered against allor any of them.

2. The right of contribution exists only in favor of atortfeasor who has paid more than his equitable share of the common liability,and his total recovery is limited to the amount paid by him in excess of hisequitable share. No tortfeasor is compelled to make contribution beyond his ownequitable share of the entire liability.

3. A tortfeasor who enters into a settlement with aclaimant is not entitled to recover contribution from another tortfeasor whoseliability for the injury or wrongful death is not extinguished by thesettlement nor in respect to any amount paid in a settlement which is in excessof what was reasonable.

(Added to NRS by 1973, 1303; A 1979, 1355)

NRS 17.235 Effectof judgment against one tortfeasor. Therecovery of a judgment for an injury or wrongful death against one tortfeasordoes not of itself discharge the other tortfeasors from liability for theinjury or wrongful death unless the judgment is satisfied. The satisfaction ofthe judgment does not impair any right of contribution.

(Added to NRS by 1973, 1303)

NRS 17.245 Effectof release or covenant not to sue.

1. When a release or acovenant not to sue or not to enforce judgment is given in good faith to one oftwo or more persons liable in tort for the same injury or the same wrongfuldeath:

(a) It does not discharge any of the other tortfeasorsfrom liability for the injury or wrongful death unless its terms so provide,but it reduces the claim against the others to the extent of any amountstipulated by the release or the covenant, or in the amount of the considerationpaid for it, whichever is the greater; and

(b) It discharges the tortfeasor to whom it is givenfrom all liability for contribution and for equitable indemnity to any othertortfeasor.

2. As used in this section, equitable indemnitymeans a right of indemnity that is created by the court rather than expresslyprovided for in a written agreement.

(Added to NRS by 1973, 1303; A 1997, 438)

NRS 17.255 Intentionaltort bars right to contribution. There is noright of contribution in favor of any tortfeasor who has intentionally causedor contributed to the injury or wrongful death.

(Added to NRS by 1973, 1303)

NRS 17.265 Certainrights of indemnity unimpaired. Except asotherwise provided in NRS 17.245, theprovisions of NRS 17.225 to 17.305, inclusive, do not impair any rightof indemnity under existing law. Where one tortfeasor is entitled to indemnityfrom another, the right of the indemnity obligee is for indemnity and notcontribution, and the indemnity obligor is not entitled to contribution fromthe obligee for any portion of his indemnity obligation.

(Added to NRS by 1973, 1303; A 1979, 1356; 1997, 438)

NRS 17.275 Subrogationof insurer. A liability insurer, who bypayment has discharged in full or in part the liability of a tortfeasor and hasthereby discharged in full its obligation as insurer, is subrogated to thetortfeasors right of contribution to the extent of the amount it has paid inexcess of the tortfeasors equitable share of the common liability. Thisprovision does not limit or impair any right of subrogation arising from anyother relationship.

(Added to NRS by 1973, 1304; A 1979, 1356)

NRS 17.285 Enforcementof right of contribution.

1. Whether or not judgment has been entered in anaction against two or more tortfeasors for the same injury or wrongful death,contribution may be enforced by separate action.

2. Where a judgment has been entered in an actionagainst two or more tortfeasors for the same injury or wrongful death,contribution may be enforced in that action by judgment in favor of one againstother judgment defendants by motion upon notice to all parties to the action.

3. If there is a judgment for the injury or wrongfuldeath against the tortfeasor seeking contribution, any separate action by himto enforce contribution must be commenced within 1 year after the judgment hasbecome final by lapse of time for appeal or after appellate review.

4. If there is no judgment for the injury or wrongfuldeath against the tortfeasor seeking contribution, his right of contribution isbarred unless he has:

(a) Discharged by payment the common liability withinthe statute of limitations period applicable to claimants right of actionagainst him and has commenced his action for contribution within 1 year afterpayment; or

(b) Agreed while action is pending against him todischarge the common liability and has within 1 year after the agreement paidthe liability and commenced his action for contribution.

5. The judgment of the court in determining theliability of the several defendants to the claimant for an injury or wrongfuldeath shall be binding as among such defendants in determining their right to contribution.

(Added to NRS by 1973, 1304)

NRS 17.295 Equitableshares. In determining the equitable shares oftortfeasors in the entire liability:

1. If equity requires, the collective liability ofsome as a group constitutes a single share; and

2. Principles of equity applicable to contributiongenerally apply.

(Added to NRS by 1973, 1304; A 1979, 1356)

NRS 17.305 Inapplicabilityto breach of fiduciary relationship. NRS 17.225 to 17.305, inclusive, do not apply to breachesof trust or of other fiduciary obligation.

(Added to NRS by 1973, 1304; A 1979, 1356)

ENFORCEMENT OF FOREIGN JUDGMENTS (UNIFORM ACT)

NRS 17.330 Shorttitle. NRS17.330 to 17.400, inclusive, may becited as the Uniform Enforcement of Foreign Judgments Act.

(Added to NRS by 1979, 1496)

NRS 17.340 Foreignjudgment defined. As used in NRS 17.330 to 17.400, inclusive, unless the contextotherwise requires, foreign judgment means any judgment of a court of theUnited States or of any other court which is entitled to full faith and creditin this state, except:

1. A judgment to which chapter130 of NRS applies; and

2. An order for protection issued for the purpose ofpreventing violent or threatening acts or harassment against, or contact orcommunication with or physical proximity to, another person, includingtemporary and final orders.

(Added to NRS by 1979, 1496; A 1997, 2268; 2001, 2132)

NRS 17.350 Filingand status of foreign judgments. Anexemplified copy of any foreign judgment may be filed with the clerk of anydistrict court of this state. The clerk shall treat the foreign judgment in thesame manner as a judgment of the district court of this state. A judgment sofiled has the same effect and is subject to the same procedures, defenses andproceedings for reopening, vacating or staying as a judgment of a districtcourt of this state and may be enforced or satisfied in like manner.

(Added to NRS by 1979, 1496)

NRS 17.360 Affidavit;notice of filing judgment and affidavit.

1. At the time of the filing of the foreign judgment,the judgment creditor or his attorney shall file with the clerk of the court anaffidavit setting forth the name and last known post office address of thejudgment debtor and the judgment creditor. The affidavit must also include astatement that the foreign judgment is valid and enforceable, and the extent towhich it has been satisfied.

2. Promptly upon filing the foreign judgment andaffidavit, the judgment creditor or someone on his behalf shall mail notice ofthe filing of the judgment and affidavit, attaching a copy of each to thenotice, to the judgment debtor and to his attorney of record, if any, each athis last known address by certified mail, return receipt requested. The noticeshall include the name and post office address of the judgment creditor and thejudgment creditors attorney, if any, in this state. The judgment creditorshall file with the clerk of the court an affidavit setting forth the date uponwhich the notice was mailed.

3. No execution or other process for enforcement of aforeign judgment may issue until 30 days after the date of mailing the noticeof filing.

(Added to NRS by 1979, 1496)

NRS 17.370 Stayof enforcement of foreign judgment.

1. If the judgment debtor shows the court that anappeal from the foreign judgment is pending or will be taken, or that a stay ofexecution has been granted, the court shall stay enforcement of the foreignjudgment until the appeal is concluded, the time for appeal expires or the stayof execution expires or is vacated, upon proof that the judgment debtor hasfurnished the security for the satisfaction of the judgment required by thestate in which it was rendered.

2. If the judgment debtor shows the court any groundupon which enforcement of a judgment of any court of this state would bestayed, including, without limitation, a showing that an appeal is pending orwill be taken, that a stay has been granted, requested or will be requested, orthat the time for taking an appeal has not yet expired, the court shall stayenforcement of the foreign judgment for an appropriate period, upon requiringthe same security for satisfaction of the judgment which is required in thisstate, including, without limitation, security determined pursuant to NRS 20.035, if applicable.

(Added to NRS by 1979, 1497; A 2001, 1006)

NRS 17.380 Fees. Any person filing a foreign judgment shall pay to theclerk of the court the same filing fee as prescribed by statute for the filingof civil actions. Fees for enforcement proceedings are the same as provided forjudgments of district courts of this state.

(Added to NRS by 1979, 1497)

NRS 17.390 Judgmentcreditor may bring action to enforce judgment. Ajudgment creditor may elect to bring an action to enforce his judgment insteadof proceeding under NRS 17.330 to 17.400, inclusive.

(Added to NRS by 1979, 1497; A 1985, 37)

NRS 17.400 Uniformityof interpretation. NRS 17.330 to 17.400, inclusive, shall be so interpretedand construed as to effectuate its general purpose to make uniform the law ofthose states which enact it.

(Added to NRS by 1979, 1497)

FOREIGN-MONEY CLAIMS (UNIFORM ACT)

NRS 17.410 Shorttitle; uniformity of application and construction.

1. NRS 17.410to 17.660, inclusive, may be cited asthe Uniform Foreign-Money Claims Act.

2. These sections must be applied and construed toeffectuate their general purpose to make uniform the law with respect to thesubject of these sections among states enacting them.

(Added to NRS by 1993, 193)

NRS 17.420 Scopeand applicability.

1. NRS 17.410to 17.660, inclusive, apply only to aforeign-money claim in an action or distributive proceeding.

2. NRS 17.410to 17.660, inclusive, apply toforeign-money issues even if other law applies to other issues in the action ordistributive proceeding under the rules of this state governing the conflict oflaws.

3. NRS 17.410to 17.660, inclusive, apply to actionsand distributive proceedings commenced after January 1, 1994.

(Added to NRS by 1993, 194)

NRS 17.430 Definitions. As used in NRS 17.410to 17.660, inclusive, unless the contextotherwise requires, the words and terms defined in NRS 17.440 to 17.550, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1993, 194)

NRS 17.440 Actiondefined. Action means a judicial proceedingor an arbitration in which a payment in money may be awarded or enforced withrespect to a foreign-money claim.

(Added to NRS by 1993, 194)

NRS 17.450 Bank-offeredspot rate defined. Bank-offered spot ratemeans the spot rate of exchange at which a bank will sell foreign money at aspot rate.

(Added to NRS by 1993, 194)

NRS 17.460 Dateof conversion defined. Date of conversionmeans the banking day next preceding the date on which money, in accordancewith NRS 17.410 to 17.660, inclusive, is:

1. Paid to a claimant in an action or distributiveproceeding;

2. Paid to the officer designated by law to enforce ajudgment or award on behalf of a claimant; or

3. Used to recoup, set off or counterclaim indifferent moneys in an action or distributive proceeding.

(Added to NRS by 1993, 194)

NRS 17.470 Distributiveproceeding defined. Distributive proceedingmeans a judicial or nonjudicial proceeding for the distribution of a fund inwhich one or more foreign-money claims is asserted and includes an accounting,an assignment for the benefit of creditors, a foreclosure, the liquidation orrehabilitation of a corporation or other entity and the distribution of anestate, trust or other fund.

(Added to NRS by 1993, 194)

NRS 17.480 Foreignmoney defined. Foreign money means moneyother than money of the United States of America.

(Added to NRS by 1993, 194)

NRS 17.490 Foreign-moneyclaim defined. Foreign-money claim means aclaim upon an obligation to pay, or a claim for recovery of a loss, expressedin or measured by a foreign money.

(Added to NRS by 1993, 194)

NRS 17.500 Moneydefined. Money means a medium of exchangefor the payment of obligations or a store of value authorized or adopted by agovernment or by intergovernmental agreement.

(Added to NRS by 1993, 194)

NRS 17.510 Moneyof the claim defined. Money of the claimmeans the money determined as proper pursuant to NRS 17.570.

(Added to NRS by 1993, 194)

NRS 17.520 Persondefined. Person includes two or more personshaving a joint or common interest.

(Added to NRS by 1993, 194)

NRS 17.530 Rateof exchange defined. Rate of exchange meansthe rate at which money of one country may be converted into money of anothercountry in a free financial market convenient to or reasonably usable by aperson obligated to pay or to state a rate of conversion. If separate rates ofexchange apply to different kinds of transactions, the term means the rateapplicable to the particular transaction giving rise to the foreign-moneyclaim.

(Added to NRS by 1993, 194)

NRS 17.540 Spotrate defined. Spot rate means the rate ofexchange at which foreign money is sold by a bank or other dealer in foreignexchange for immediate or next-day availability or for settlement by immediatepayment in cash or equivalent, by charge to an account, or by an agreed delayedsettlement not exceeding 2 days.

(Added to NRS by 1993, 195)

NRS 17.550 Statedefined. State means a state of the UnitedStates, the District of Columbia, the Commonwealth of Puerto Rico or aterritory or insular possession subject to the jurisdiction of the UnitedStates.

(Added to NRS by 1993, 195)

NRS 17.560 Variationby agreement.

1. The effect of NRS17.410 to 17.660, inclusive, may bevaried by agreement of the parties made before or after commencement of anaction or distributive proceeding or the entry of judgment.

2. Parties to the transaction may agree upon the moneyto be used in a transaction giving rise to a foreign-money claim and may agreeto use different moneys for different aspects of the transaction. Stating theprice in a foreign money for one aspect of a transaction does not alone requirethe use of that money for other aspects of the transaction.

(Added to NRS by 1993, 195)

NRS 17.570 Determiningmoney of the claim.

1. The money in which the parties to a transactionhave agreed that payment is to be made is the proper money of the claim forpayment.

2. If the parties to a transaction have not otherwiseagreed, the proper money of the claim, as in each case may be appropriate, isthe money:

(a) Regularly used between the parties as a matter ofusage or course of dealing;

(b) Used at the time of a transaction in internationaltrade, by trade usage or common practice, for valuing or settling transactionsin the particular commodity or service involved; or

(c) In which the loss was ultimately felt or will beincurred by the party claimant.

(Added to NRS by 1993, 195)

NRS 17.580 Determiningamount of money of certain contract claims.

1. If an amount contracted to be paid in a foreignmoney is measured by a specified amount of a different money, the amount to bepaid is determined on the date of conversion.

2. If an amount contracted to be paid in a foreignmoney is to be measured by a different money at the rate of exchange prevailingon a date before default, that rate of exchange applies only to payments madewithin a reasonable time after default, not exceeding 30 days. Thereafter,conversion is made at the bank-offered spot rate on the date of conversion.

3. A monetary claim is neither usurious norunconscionable because the agreement on which it is based provides that theamount of the debtors obligation to be paid on the debtors money, whenreceived by the creditor, must equal a specified amount of the foreign money ofthe country of the creditor. If, because of unexcused delay in payment of ajudgment or award, the amount received by the creditor does not equal theamount of the foreign money specified in the agreement, the court or arbitratorshall amend the judgment or award accordingly.

(Added to NRS by 1993, 195)

NRS 17.590 Assertingand defending foreign-money claim.

1. A person may assert a claim in a specified foreignmoney. If a foreign-money claim is not asserted, the claimant makes the claimin United States dollars.

2. An opposing party may allege and prove that aclaim, in whole or in part, is in a different money than that asserted by theclaimant.

3. A person may assert a defense, set-off, recoupmentor counterclaim in any money without regard to the money of other claims.

4. The determination of the proper money of the claimis a question of law.

(Added to NRS by 1993, 195)

NRS 17.600 Judgmentsand awards on foreign-money claims; times of money conversion; form ofjudgment.

1. Except as otherwise provided in subsection 3, ajudgment or award on a foreign-money claim must be stated in an amount of themoney of the claim.

2. A judgment or award on a foreign-money claim ispayable in that foreign money or, at the option of the debtor, in the amount ofUnited States dollars which will purchase that foreign money on the date ofconversion at a bank-offered spot rate.

3. Assessed costs must be entered in United Statesdollars.

4. Each payment in United States dollars must beaccepted and credited on a judgment or award on a foreign-money claim in theamount of the foreign money that could be purchased by the dollars at a bank-offeredspot rate of exchange at or near the close of business on the date ofconversion for that payment.

5. A judgment or award made in an action ordistributive proceeding on both a defense, set-off, recoupment or counterclaimand the adverse partys claim must be netted by converting the money of thesmaller into the money of the larger, and by subtracting the smaller from thelarger, and specify the rates of exchange used.

6. A judgment substantially in the following formcomplies with subsection 1:

IT IS ORDERED AND ADJUDGED that the plaintiff.................... (insert name) .................... recover of thedefendant .................... (insert name) .................... the sum of.......... (insert amount in the foreign money) .......... plus interest onthat sum at the rate of .......... (insert ratesee NRS 17.620) .......... percent a year or,at the option of the judgment debtor, the number of United States dollars whichwill purchase the .......... (insert name of foreign money) .......... withinterest due, at a bank-offered spot rate at or near the close of business onthe banking day next before the day of payment, together with assessed costs of.......... (insert amount) .......... United States dollars.

7. If a contract claim is of the type covered bysubsection 1 or 2 of NRS 17.580, thejudgment or award must be entered for the amount of money stated to measure theobligation to be paid in the money specified for payment or, at the option ofthe debtor, the number of United States dollars which will purchase thecomputed amount of the money of payment on the date of conversion at abank-offered spot rate.

8. A judgment must be filed and indexed in foreignmoney in the same manner, and has the same effect as a lien, as otherjudgments. It may be discharged by payment.

(Added to NRS by 1993, 196)

NRS 17.610 Conversionof foreign money in distributive proceeding. Therate of exchange prevailing at or near the close of business on the day thedistributive proceeding is initiated governs all exchanges of foreign money ina distributive proceeding. A foreign-money claimant in a distributiveproceeding shall assert its claim in the named foreign money and show theamount of United States dollars resulting from a conversion as of the date theproceeding was initiated.

(Added to NRS by 1993, 196)

NRS 17.620 Prejudgmentand judgment interest.

1. With respect to a foreign-money claim, recovery ofprejudgment or pre-award interest and the rate of interest to be applied in theaction or distributive proceeding, except as otherwise provided in subsection2, are matters of the substantive law governing the right to recovery under therules of this state governing the conflict of laws.

2. The court or arbitrator shall increase or decreasethe amount of prejudgment or pre-award interest otherwise payable in a judgmentor award in foreign money to the extent required by the law of this stategoverning a failure to make or accept an offer of settlement or offer ofjudgment, or conduct by a party or its attorney causing undue delay or expense.

3. A judgment or award on a foreign-money claim bearsinterest at the rate applicable to judgments of this state.

(Added to NRS by 1993, 197)

NRS 17.630 Enforcementof foreign judgments.

1. If an action is brought to enforce a judgment ofanother jurisdiction expressed in a foreign money and the judgment is recognizedin this state as enforceable, the enforcing judgment must be entered asprovided in NRS 17.600, whether or notthe foreign judgment confers an option to pay in an equivalent amount of UnitedStates dollars.

2. A foreign judgment may be filed in accordance withany rule or statute of this state providing a procedure for its recognition andenforcement.

3. A satisfaction or partial payment made upon theforeign judgment, on proof thereof, must be credited against the amount offoreign money specified in the judgment, notwithstanding the entry of judgmentin this state.

4. A judgment entered on a foreign-money claim only inUnited States dollars in another state must be enforced in this state in UnitedStates dollars only.

(Added to NRS by 1993, 197)

NRS 17.640 DeterminingUnited States dollar value of foreign-money claims for limited purposes.

1. Computations under this section are for the limitedpurposes of the section and do not affect computation of the equivalent inUnited States dollars of the money of the judgment for the purpose of payment.

2. For the limited purpose of facilitating theenforcement of provisional remedies in an action, the value in United Statesdollars of assets to be seized or restrained pursuant to a writ of attachment,garnishment, execution or other legal process, the amount of United Statesdollars at issue for assessing costs, or the amount of United States dollarsinvolved for a surety bond or other court-required undertaking must beascertained as provided in subsections 3 and 4.

3. A party seeking process, costs, bond or otherundertaking under subsection 2 shall compute in United States dollars theamount of the foreign money claimed from a bank-offered spot rate prevailing ator near the close of business on the banking day next preceding the filing of arequest or application for the issuance of process or for the determination ofcosts, or an application for a bond or other court-required undertaking.

4. A party seeking the process, costs, bond or otherundertaking under subsection 2 shall file with each request or application anaffidavit or certificate executed in good faith by its counsel or a bankofficer, stating the market quotation used and how it was obtained, and settingforth the calculation. Affected court officers incur no liability, after afiling of the affidavit or certificate, for acting as if the judgment were inthe amount of United States dollars stated in the affidavit or certificate.

(Added to NRS by 1993, 197)

NRS 17.650 Effectof currency revalorization.

1. If, after an obligation is expressed or a loss isincurred in a foreign money, the country issuing or adopting that moneysubstitutes a new money in place of that money, the obligation or the loss mustbe treated as if expressed or incurred in the new money at the rate ofconversion the issuing country establishes for the payment of like obligationsor losses denominated in the former money.

2. If substitution under subsection 1 occurs after ajudgment or award is entered on a foreign-money claim, the court or arbitratorshall amend the judgment or award by a like conversion of the former money.

(Added to NRS by 1993, 198)

NRS 17.660 Supplementarygeneral principles of law. Unless displaced byparticular provisions of NRS 17.410 to 17.660, inclusive, the principles of lawand equity, including the law merchant, and the law relative to capacity tocontract, principal and agent, estoppel, fraud, misrepresentation, duress,coercion, mistake, bankruptcy or other validating or invalidating causessupplement the provisions of those sections.

(Added to NRS by 1993, 198)