2005 Nevada Revised Statutes - Chapter 18 — Costs and Disbursements

CHAPTER 18 - COSTS AND DISBURSEMENTS

NRS 18.005 Costsdefined.

NRS 18.010 Awardof attorneys fees.

NRS 18.015 Lienfor attorneys fees: Amount; perfection; enforcement.

NRS 18.020 Casesin which costs allowed prevailing party.

NRS 18.025 Courtnot to refuse to award attorneys fees or costs solely because public officeror agency is prevailing party.

NRS 18.030 Costsand disbursements in actions where defendants might have been joined.

NRS 18.050 Discretionof the court in allowing costs.

NRS 18.060 Costsof appeal to Supreme Court; discretion of court.

NRS 18.070 Paymentof costs on postponement; costs and attorneys fees on mistrial.

NRS 18.080 Effectof tender in action for recovery of money.

NRS 18.090 Costsin actions by or against executors and trustees.

NRS 18.110 Verifiedmemorandum of costs: Filing and service; witness and clerks fee; retaxing andsettling costs.

NRS 18.120 Interestand costs must be included by clerk in judgment.

NRS 18.130 Whenplaintiff may be required to secure costs; affidavits of sureties; dismissal ofaction if undertaking not filed.

NRS 18.140 Plaintiffsfor whom bond or undertaking not required.

NRS 18.150 Paymentof costs and attorneys fees when State or county is a party.

NRS 18.160 Costsallowed judgment creditor; memorandum of costs; motion to tax.

NRS 18.170 Noticeof motion for order allowing costs and necessary disbursements; order.

NRS 18.180 Entryof amount of costs on margin of judgment.

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NRS 18.005 Costsdefined. For the purposes of NRS 18.010 to 18.150, inclusive, the term costs means:

1. Clerks fees.

2. Reporters fees for depositions, including areporters fee for one copy of each deposition.

3. Jurors fees and expenses, together with reasonablecompensation of an officer appointed to act in accordance with NRS 16.120.

4. Fees for witnesses at trial, pretrial hearings anddeposing witnesses, unless the court finds that the witness was called at theinstance of the prevailing party without reason or necessity.

5. Reasonable fees of not more than five expertwitnesses in an amount of not more than $1,500 for each witness, unless thecourt allows a larger fee after determining that the circumstances surroundingthe experts testimony were of such necessity as to require the larger fee.

6. Reasonable fees of necessary interpreters.

7. The fee of any sheriff or licensed process serverfor the delivery or service of any summons or subpoena used in the action,unless the court determines that the service was not necessary.

8. Compensation for the official reporter or reporterpro tempore.

9. Reasonable costs for any bond or undertakingrequired as part of the action.

10. Fees of a court bailiff who was required to workovertime.

11. Reasonable costs for telecopies.

12. Reasonable costs for photocopies.

13. Reasonable costs for long distance telephone calls.

14. Reasonable costs for postage.

15. Reasonable costs for travel and lodging incurredtaking depositions and conducting discovery.

16. Fees charged pursuant to NRS 19.0335.

17. Any other reasonable and necessary expenseincurred in connection with the action, including reasonable and necessaryexpenses for computerized services for legal research.

(Added to NRS by 1977, 773; A 1981, 1378; 1989, 707;1993, 263; 1995, 2715; 2003,2117; 2005, 190)

NRS 18.010 Awardof attorneys fees.

1. The compensation of an attorney and counselor forhis services is governed by agreement, express or implied, which is notrestrained by law.

2. In addition to the cases where an allowance isauthorized by specific statute, the court may make an allowance of attorneysfees to a prevailing party:

(a) When he has not recovered more than $20,000; or

(b) Without regard to the recovery sought, when thecourt finds that the claim, counterclaim, cross-claim or third-party complaintor defense of the opposing party was brought or maintained without reasonableground or to harass the prevailing party. The court shall liberally construethe provisions of this paragraph in favor of awarding attorneys fees in allappropriate situations. It is the intent of the Legislature that the courtaward attorneys fees pursuant to this paragraph and impose sanctions pursuantto Rule 11 of the Nevada Rules of Civil Procedure in all appropriate situationsto punish for and deter frivolous or vexatious claims and defenses because suchclaims and defenses overburden limited judicial resources, hinder the timelyresolution of meritorious claims and increase the costs of engaging in businessand providing professional services to the public.

3. In awarding attorneys fees, the court maypronounce its decision on the fees at the conclusion of the trial or specialproceeding without written motion and with or without presentation ofadditional evidence.

4. Subsections 2 and 3 do not apply to any actionarising out of a written instrument or agreement which entitles the prevailingparty to an award of reasonable attorneys fees.

[1911 CPA 434; A 1951, 59](NRS A 1957, 129; 1967,1254; 1969, 435, 667; 1971, 165, 802; 1975, 309; 1977, 774; 1985, 327; 1999, 903; 2003, 3478)

NRS 18.015 Lienfor attorneys fees: Amount; perfection; enforcement.

1. An attorney at law shall have a lien upon anyclaim, demand or cause of action, including any claim for unliquidated damages,which has been placed in his hands by a client for suit or collection, or uponwhich a suit or other action has been instituted. The lien is for the amount ofany fee which has been agreed upon by the attorney and client. In the absenceof an agreement, the lien is for a reasonable fee for the services which theattorney has rendered for the client on account of the suit, claim, demand oraction.

2. An attorney perfects his lien by serving notice inwriting, in person or by certified mail, return receipt requested, upon hisclient 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 ordecree entered and to any money or property which is recovered on account ofthe suit or other action, from the time of service of the notices required bythis section.

4. On motion filed by an attorney having a lien underthis section, his client or any party who has been served with notice of thelien, the court shall, after 5 days notice to all interested parties,adjudicate the rights of the attorney, client or other parties and enforce thelien.

5. Collection of attorneys fees by a lien under thissection may be utilized with, after or independently of any other method ofcollection.

(Added to NRS by 1977, 773)

NRS 18.020 Casesin which costs allowed prevailing party. Costsmust be allowed of course to the prevailing party against any adverse partyagainst whom judgment is rendered, in the following cases:

1. In an action for the recovery of real property or apossessory right thereto.

2. In an action to recover the possession of personalproperty, where the value of the property amounts to more than $2,500. Thevalue must be determined by the jury, court or master by whom the action istried.

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 specialproceeding conducted pursuant to NRS 306.040.

5. In an action which involves the title or boundariesof real estate, or the legality of any tax, impost, assessment, toll ormunicipal fine, including the costs accrued in the action if originallycommenced 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 Courtnot to refuse to award attorneys fees or costs solely because public officeror agency is prevailing party.

1. A court shall not:

(a) Refuse to award attorneys fees or costs to theState, a local government, a public officer or a public employee; or

(b) Reduce the amount of the attorneys fees or costsit awards to the State, a local government, a public officer or a publicemployee,

as theprevailing party in a civil action or as a party otherwise entitled to receiveattorneys fees or costs, solely because the prevailing party is the State, alocal government, a public officer or a public employee.

2. If a court determines that the State, a localgovernment, a public officer or a public employee is entitled to receiveattorneys fees or costs pursuant to the Nevada Rules of Civil Procedure, theNevada Rules of Appellate Procedure, the provisions of this chapter or anotherspecific statute, it shall award the attorneys fees and costs at the rates setforth in the rule or statute. If rates are not set forth in the rule or statute,the court shall award reasonable attorneys fees and costs.

3. As used in this section, local government meansany county, city, district, agency or other political subdivision of thisstate.

(Added to NRS by 1993, 262)

NRS 18.030 Costsand 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 anyother case for the same cause of action, against several parties who might havebeen joined as defendants in the same action, no costs shall be allowed to theplaintiff in more than one of such actions, which may be at his election, ifthe party proceeded against in the other actions was at the commencement of theprevious action openly within this state; but the disbursements of theplaintiff shall be allowed to him in each action.

[1911 CPA 436; RL 5378; NCL 8925]

NRS 18.050 Discretionof the court in allowing costs. Except aslimited by this section, in other actions in the district court, part or all ofthe prevailing partys costs may be allowed and may be apportioned between theparties, or on the same or adverse sides. If, in the judgment of the court, theplaintiff believes he was justified in bringing the action in the districtcourt, and he recovers at least $700 in money or damages, or personal propertyof 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 Costsof appeal to Supreme Court; discretion of court. Inthe following cases the costs of an appeal to the Supreme Court shall be in thediscretion of the court:

1. Where a new trial is ordered.

2. When a judgment is modified.

In the eventno order is made by the court relative to the costs in the two instancesmentioned in this section, the party obtaining any relief shall have his costs.

[1911 CPA 439; RL 5381; NCL 8928]

NRS 18.070 Paymentof costs on postponement; costs and attorneys fees on mistrial.

1. When an application is made to a court or master topostpone a trial, the payment of costs, occasioned by the postponement may beimposed, in the discretion of the court or master, as a condition of grantingthe postponement.

2. A court may impose costs and reasonable attorneysfees 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 Effectof tender in action for recovery of money. When,in an action for the recovery of money only, the defendant alleges in hisanswer that before the commencement of the action he tendered to the plaintiffthe full amount to which he was entitled, and thereupon deposits in court, forthe 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 Costsin actions by or against executors and trustees. Inan action prosecuted or defended by an executor, administrator, trustee ofexpress trust, or a person expressly authorized by statute, costs may berecovered as in an action by and against a person prosecuting and defending inhis own right; but such costs shall, by the judgment, be made chargeable onlyupon the estate, fund, or party represented, unless the court shall direct thesame to be paid by the plaintiff or defendant, personally, for mismanagement orbad faith in the action or defense.

[1911 CPA 443; RL 5385; NCL 8932]

NRS 18.110 Verifiedmemorandum of costs: Filing and service; witness and clerks fee; retaxing andsettling costs.

1. The party in whose favor judgment is rendered, andwho claims his costs, must file with the clerk, and serve a copy upon theadverse party, within 5 days after the entry of judgment, or such further timeas the court or judge may grant, a memorandum of the items of his costs in theaction or proceeding, which memorandum must be verified by the oath of theparty, or his attorney or agent, or by the clerk of his attorney, stating thatto the best of his knowledge and belief the items are correct, and that thecosts 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 ofsubpoena shall not be necessary to entitle a prevailing party to tax, as costs,witness fees and mileage, provided that such witnesses be sworn and testify inthe cause.

3. It shall not be necessary to embody in thememorandum the fees of the clerk, but the clerk shall add the same according tohis fees fixed by statute.

4. Within 3 days after service of a copy of thememorandum, the adverse party may move the court, upon 2 days notice, to retaxand settle the costs, notice of which motion shall be filed and served on theprevailing party claiming costs. Upon the hearing of the motion the court orjudge shall settle the costs.

[1911 CPA 445; A 1919, 56; NCL 8934](NRS A 1977,775)

NRS 18.120 Interestand costs must be included by clerk in judgment. Theclerk shall include in the judgment entered up by him any interest on theverdict or judgment of the court or master, from the time it was rendered ormade, 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 inthe judgment, insert the same in a blank to be left in the judgment for thatpurpose, and shall make a similar insertion of the costs in the copies anddocket of the judgment.

[1911 CPA 446; RL 5388; NCL 8935]

NRS 18.130 Whenplaintiff may be required to secure costs; affidavits of sureties; dismissal ofaction if undertaking not filed.

1. When a plaintiff in an action resides out of theState, or is a foreign corporation, security for the costs and charges whichmay be awarded against such plaintiff may be required by the defendant, by thefiling and service on plaintiff of a written demand therefor within the timelimited for answering the complaint. When so required, all proceedings in theaction 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 andcharges as may be awarded against the plaintiff by judgment, or in the progressof 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 thedefendant of such filing or deposit, and the defendant, after receipt of suchnotice, shall have 10 days or the period allowed under N.R.C.P. 12(a), whichever islonger, in which to answer or otherwise plead to the complaint.

2. A new or an additional undertaking may be orderedby the court or judge upon proof that the original undertaking is insufficientsecurity, and proceedings in the action stayed until such new or additionalundertaking be executed and filed.

3. Each of the sureties on the undertaking mentionedin 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 inthe undertaking, over and above all his just debts and liabilities, exclusiveof property exempt from execution.

4. After the lapse of 30 days from the service of noticethat security is required, or of an order for new or additional security, uponproof thereof, and that no undertaking as required has been filed, the court orjudge may order the action to be dismissed.

[1911 CPA 447; A 1939, 20; 1931 NCL 8936] + [1911CPA 448; RL 5390; NCL 8937] + [1911 CPA 449; RL 5391; NCL 8938](NRS A 1969, 632; 1971, 243)

NRS 18.140 Plaintiffsfor whom bond or undertaking not required. Inany 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 inbehalf of the State, or any county, city and county, city or town, or theUnited States of America, or the Home Owners Loan Corporation, a federalcorporation, is a party plaintiff, no bond, written undertaking, or securitycan be required of the State, or the people thereof, or of the United States ofAmerica, or the Home Owners Loan Corporation, a federal corporation, or anyofficer thereof, or of any county, city and county, city or town; but oncomplying with the other provisions of NRS the State, or the people thereof, orthe United States of America, or the Home Owners Loan Corporation, a federalcorporation, or any officer thereof acting in his official capacity, has thesame rights, remedies and benefits as if the bond, undertaking, or securitywere given and approved as required by this or any other law of the State ofNevada.

[1911 CPA 447a; added 1935, 286; 1931 NCL 8936.01]

NRS 18.150 Paymentof costs and attorneys fees when State or county is a party.

1. When the State is a party, and costs or attorneysfees are awarded against it, they must be paid out of the State Treasury.

2. When a county is a party, and costs or attorneysfees 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 Costsallowed judgment creditor; memorandum of costs; motion to tax.

1. A judgment creditor may claim costs for one or moreof the following items:

(a) Statutory fees for preparing or issuing an abstractof judgment.

(b) Statutory fees for recording, receiving or filingan abstract of judgment.

(c) Statutory fees for issuing a writ of execution, orany 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 inconnection with serving, executing or levying any writ or making any return, orfor keeping or caring for property held by virtue of such a writ.

(f) Costs or disbursements incurred in connection withany proceeding supplementary to execution which have been approved as tonecessity, propriety and amount by the judge ordering or conducting the proceeding.

2. A judgment creditor shall serve upon the adverseparty either personally or by mail, and file at any time or times not more than6 months after the items have been incurred and before the time the judgment isfully satisfied, a memorandum of the items of his costs and necessarydisbursements, verified by him or his attorney, stating that to the best of hisknowledge and belief the items are correct, and that they have been necessarilyor 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 motionto have the same taxed by the court in which the judgment was rendered, or bythe judge thereof at chambers.

(Added to NRS by 1963, 310; A 1989, 902)

NRS 18.170 Noticeof motion for order allowing costs and necessary disbursements; order. A judgment creditor claiming costs or necessary disbursementsreasonably incurred in aid of the collection of a judgment or of any execution issuedthereon, other than those specified in NRS18.160, including items which have been disallowed by the judge in thesupplemental proceeding, shall serve the adverse party either personally or bymail, and file, at any time or times not more than 6 months after such item hasbeen incurred and prior to the time the judgment is fully satisfied, a noticeof motion for an order allowing the same, specifying the items claimed and theamount thereof, and supported by an affidavit of the party or his attorney oragent stating that to the best of his knowledge and belief the items arecorrect and showing that the costs were reasonable, and the disbursementsreasonably and necessarily incurred. The court or judge hearing such motionshall make such order respecting the costs or disbursements so claimed as thecircumstances justify, allowing the same in whole or in part, or disallowingthe same.

(Added to NRS by 1963, 310)

NRS 18.180 Entryof amount of costs on margin of judgment. Within2 days after the costs are tried or ascertained, or after the time for making amotion to tax the same has expired, the clerk or judge shall enter the amountthereof on the margin of the judgment, and thereafter they shall be includedtogether with the amount of the fee charged for issuance thereof in anyexecution issued upon such judgment.

(Added to NRS by 1963, 311)