2005 Nevada Revised Statutes - Chapter 238 — Legal Notices and Advertisements

CHAPTER 238 - LEGAL NOTICES ANDADVERTISEMENTS

PUBLICATION

NRS 238.010 Legalnotice and legal advertisement defined.

NRS 238.020 Daily,triweekly, semiweekly, weekly and semimonthly newspaper defined.

NRS 238.030 Publicationof legal notice or advertisement only in qualified newspaper of general circulation;exceptions.

NRS 238.040 Second-classmailing permit required for qualification.

NRS 238.050 Newspapersequally competent as means for publication.

NRS 238.060 Publicationof notice once each week for full period in qualified newspaper.

NRS 238.070 Ratesand size of type for official advertising of State and counties; annualcontracts for county printing and advertising.

NRS 238.080 Voidlegal notices and legal advertisements.

USE OF REGISTERED OR CERTIFIED MAIL

NRS 238.090 Authorizeduse of registered or certified mail in giving required notice.

USE OF MAIL FOR FILING AND PAYMENT

NRS 238.100 Dateof postmark deemed date of filing or payment.

_________

PUBLICATION

NRS 238.010 Legalnotice and legal advertisement defined. Anynotice or other written matter whatsoever, required to be published in anewspaper by any law of this State, or by the order of any court of record inthis State, shall be deemed and held to be a legal notice or advertisementwithin the meaning of NRS 238.010 to 238.080, inclusive.

[1:60:1925; NCL 4700]

NRS 238.020 Daily,triweekly, semiweekly, weekly and semimonthly newspaper defined.

1. Every newspaper printed and published daily, ordaily except Sundays and legal holidays, or which shall be printed andpublished on each of any 5 days in every week excepting legal holidays andincluding or excluding Sundays, shall be considered and held to be and to havebeen a daily newspaper within the meaning of NRS238.010 to 238.080, inclusive.

2. Every newspaper printed and published at regularintervals three times each week shall be considered and held to be a triweeklynewspaper within the meaning of NRS 238.010to 238.080, inclusive.

3. Every newspaper printed and published at regularintervals twice each week shall be considered and held to be a semiweeklynewspaper within the meaning of NRS 238.010to 238.080, inclusive.

4. Every newspaper printed and published at regularintervals once each week shall be considered and held to be a weekly newspaperwithin the meaning of NRS 238.010 to 238.080, inclusive.

5. Every newspaper printed and published at regularintervals, two times each month, shall be considered a semimonthly newspaperwithin the meaning of NRS 238.010 to 238.080, inclusive.

[2:60:1925; A 1943, 56; 1943 NCL 4701]

NRS 238.030 Publicationof legal notice or advertisement only in qualified newspaper of generalcirculation; exceptions.

1. Any and all legal notices or advertisements shallbe published only in a daily, a triweekly, a semiweekly, a semimonthly, or aweekly newspaper of general circulation and printed in whole or in part in thecounty in which the notice or advertisement is required to be published, whichnewspaper if published:

(a) Triweekly, semiweekly, semimonthly, or weekly,shall have been so published in the county, continuously and uninterruptedly,during the period of at least 104 consecutive weeks next prior to the firstissue thereof containing any such notice or advertisement.

(b) Daily, shall have been so published in the county,uninterruptedly and continuously, during the period of at least 1 year nextprior to the first issue thereof containing any such notice or advertisement.

2. The mere change in the name of any newspaper, orthe removal of the principal business office or seat of publication of anynewspaper from one place to another in the same county shall not break oraffect the continuity in the publication of any such newspaper if the same isin fact continuously and uninterruptedly printed and published within thecounty as herein provided.

3. A newspaper shall not lose its rights as a legalpublication if any of the following conditions maintain:

(a) If by reason of a strike or other good cause itshould suspend publication; but the period shall not exceed 30 days in anycalendar year.

(b) If by reason of generally recognized economicstress of a serious nature over which the publisher has no control it shall benecessary to suspend publication for a period not to exceed 2 years. Theprovisions of this paragraph shall apply only in the case of publications thathave been operating continuously for a period of 5 years prior to suchsuspension. Any legal notice which fails of publication for the required numberof insertions for such reason shall not be declared illegal if publication hasbeen made in one issue of the publication and is resumed within a reasonableperiod.

4. If in any county in this State there shall not havebeen published therein any newspaper or newspapers for the prescribed period,at the time when any such notice or advertisement is required to be published,then such notice or advertisement may be published in any newspaper ornewspapers having a general circulation and printed and published in whole orin part in the county.

5. The time limitations in subsection 1 do not applyto a newly established newspaper printed and published in:

(a) An incorporated city if, at the time such newspaperis established, there is no other newspaper printed and published in such city.

(b) A county if, at the time such newspaper is established,there is no other newspaper printed and published in such county.

[3:60:1925; A 1931, 89; 1933, 192; 1941, 400; 1943,56; 1943 NCL 4702](NRS A 1960, 400)

NRS 238.040 Second-classmailing permit required for qualification. AfterDecember 31, 1954, no newspaper is competent as the means for the publicationof any legal notice or advertisement unless the newspaper possesses and maintainsin force a valid second-class mailing permit issued by the United States PostalService.

[Part 4:60:1925; A 1953, 309](NRS A 1987, 706)

NRS 238.050 Newspapersequally competent as means for publication. Exceptas otherwise provided by law in express terms or by necessary implication,daily newspapers, triweekly newspapers, semiweekly newspapers, semimonthlynewspapers and weekly newspapers shall all be equally competent as the meansfor the publication of all legal notices and advertisements.

[Part 4:60:1925; A 1953, 309]

NRS 238.060 Publicationof notice once each week for full period in qualified newspaper. Whenever any notice is required by law to be given bypublication, unless otherwise specified, such provision shall be satisfied bypublishing the required notice at least once a week, consecutively, for notless than the full period of time so required in a qualified, legal and competentnewspaper.

[1:215:1949; 1943 NCL 4704.01]

NRS 238.070 Ratesand size of type for official advertising of State and counties; annualcontracts for county printing and advertising.

1. All advertising ordered or required by the State ofNevada or by the respective counties of the State must be paid for by the Stateor the county ordering or requiring the advertising at a rate that does notexceed:

(a) The published open display rate for advertising, ifthe advertisement is placed in a daily or weekly newspaper with a circulationof 15,000 or less; or

(b) The published rate for advertising by a nonprofitor charitable organization, if the advertisement is placed in a daily or weeklynewspaper with a circulation of more than 15,000.

2. The type size for advertising ordered or requiredby the State of Nevada or a county must be no smaller than that used by thenewspaper in the columns of classified advertisements.

3. Nothing contained in this section prohibits boardsof county commissioners from entering into annual contracts for the entireofficial printing and advertising of their respective counties when a saving ofpublic money will be effected thereby.

[1:79:1897; A 1949, 154; 1943 NCL 269](NRS A 1963,453; 1971, 627; 1975, 1397; 1989, 572)

NRS 238.080 Voidlegal notices and legal advertisements. Anyand every legal notice or advertisement published in a newspaper in violationof any of the provisions of NRS 238.010to 238.080, inclusive, shall beabsolutely void.

[5:60:1925; NCL 4704]

USE OF REGISTERED OR CERTIFIED MAIL

NRS 238.090 Authorizeduse of registered or certified mail in giving required notice. Any notice or other written matter required by law or theorder of any court of record to be delivered by mail, with the receipt thereofto be acknowledged, may be given by either registered or certified mail.

(Added to NRS by 1969, 95)

USE OF MAIL FOR FILING AND PAYMENT

NRS 238.100 Dateof postmark deemed date of filing or payment.

1. Except as provided in subsections 2 and 4, or byspecific statute, any document or payment required or permitted by law orregulation to be filed or made by mailing to the State or any of its agenciesor political subdivisions shall be deemed filed or made on the date of thepostmark dated by the post office on the envelope in which it was mailed.

2. If a document or payment was mailed but notreceived by the addressee or was received but the postmarked date is illegibleor omitted, the document or payment shall be deemed filed or made on the dateit was mailed, if the sender:

(a) Establishes by a postal receipt for registered orcertified mail that the mailing date was on or before the required date forfiling or payment; and

(b) Where the document or payment was not received,files a duplicate of the contents of the envelope within 15 days after hebecomes aware that it was not received.

3. For the purposes of this section, if the requireddate for filing or making payment is a Saturday, Sunday or legal holiday, thefiling or payment is timely if performed on the next day which is not aSaturday, Sunday or legal holiday.

4. This section does not apply to the filing ofdocuments pursuant to NRS 225.085 ortitle 24 of NRS.

(Added to NRS by 1975, 751; A 1983, 1382; 2003, 1953)