reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 30 - Declaratory Judgments › NRS 30.060 - Declaration of rights in certain cases.

1. Any person interested as or through an executor, administrator, trustee, guardian, other fiduciary, including, without limitation, a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact or otherwise, creditor, devisee, legatee, heir, next of kin or cestui que trust, in the administration of a trust or the estate of a decedent, an infant, lunatic or insolvent, or in the actions taken pursuant to a power of attorney, may have a declaration of rights or legal relations in respect thereto:
(a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others;
(b) To direct an executor, administrator, trustee or person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact or otherwise, to do or abstain from doing any particular act in his or her fiduciary capacity; or
(c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills, trusts and other writings.
2. Any action for declaratory relief under this section may only be made in a proceeding commenced pursuant to the provisions of title 12 or 13 of NRS, as appropriate.
[4:22:1929; NCL § 9443]—(NRS A 2009, 1636; 2021, 960)
2023 Nevada Revised Statutes › Chapter 30 - Declaratory Judgments › NRS 30.070 - Enumeration not exclusive.

The enumeration in NRS 30.040, 30.050 and 30.060 does not limit or restrict the exercise of the general powers conferred in NRS 30.030 in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
[5:22:1929; NCL § 9444]
2023 Nevada Revised Statutes › Chapter 30 - Declaratory Judgments › NRS 30.100 - Supplemental relief.

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
[8:22:1929; NCL § 9447]
2023 Nevada Revised Statutes › Chapter 30 - Declaratory Judgments › NRS 30.110 - Jury trial.

When a proceeding under NRS 30.010 to 30.160, inclusive, involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
[9:22:1929; NCL § 9448]
2023 Nevada Revised Statutes › Chapter 30 - Declaratory Judgments › NRS 30.130 - Parties.

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General shall also be served with a copy of the proceeding and be entitled to be heard.
[11:22:1929; NCL § 9450]
2023 Nevada Revised Statutes › Chapter 30 - Declaratory Judgments › NRS 30.140 - Construction.

NRS 30.010 to 30.160, inclusive, are declared to be remedial; their purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and are to be liberally construed and administered.
[12:22:1929; NCL § 9451]
2023 Nevada Revised Statutes › Chapter 30 - Declaratory Judgments › NRS 30.150 - Severability.

The several sections and provisions of NRS 30.010 to 30.160, inclusive, except NRS 30.030 and 30.040, are hereby declared independent and severable, and the invalidity, if any, or part or feature thereof shall not affect or render the remainder of such sections invalid or inoperative.
[14:22:1929; NCL § 9453]
2023 Nevada Revised Statutes › Chapter 30 - Declaratory Judgments › NRS 30.160 - Uniformity of interpretation.

NRS 30.010 to 30.160, inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
[15:22:1929; NCL § 9454]
2023 Nevada Revised Statutes › Chapter 30 - Declaratory Judgments › NRS 30.170 - Validity of order prohibiting publication or broadcasting of information concerning judicial proceedings and actions.

1. If during the course of any proceeding or the trial of any action in any court, the trial judge issues an order prohibiting a newspaper or other news media from publishing or broadcasting information lawfully obtained by such newspaper or other news media concerning such proceeding or trial, the newspaper or other news media may seek declaratory relief concerning the validity of the order by filing a petition with:
(a) A district judge of the judicial district where the court sits; or
(b) Any district judge of an adjacent judicial district, if there is only one district judge in the judicial district in which such proceeding or action is being heard or tried.
2. All cases in which the validity of any such order is questioned shall be advanced as a matter of immediate public interest and concern, and shall be heard at the earliest practicable moment.
3. Notwithstanding the provisions of NRS 30.080, a district court shall not refuse to render or enter a declaratory judgment or decree if the proceeding or trial in which the prohibitory order was entered has been concluded, the orderly administration of justice demanding an early judicial examination into and a determination of the validity of the order to afford relief from uncertainty and insecurity with respect to constitutional rights.
(Added to NRS by 1971, 846)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.010 - Application to court for writ of attachment: Timing; requirements when Department of Taxation has taken over management of local government.

1. Except as otherwise provided in subsection 2, the plaintiff at the time of issuing the summons, or at any time thereafter, may apply to the court for an order directing the clerk to issue a writ of attachment and thereby cause the property of the defendant to be attached as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment as provided in this chapter.
2. If the Department of Taxation has taken over the management of a local government at the request of the local government pursuant to subsection 3 of NRS 354.685, and if a plaintiff is allowed by law to apply to a court for an order directing the clerk to issue a writ of attachment, the action must be stayed until the following conditions have been satisfied:
(a) The plaintiff must meet with the Department to formulate a program for the liquidation of the debt owed by the local government to the plaintiff; and
(b) The Department must adopt a program for the liquidation of the debt owed by the local government to the plaintiff as described in paragraph (a). The Department shall formulate the program not later than 60 days after meeting with the plaintiff pursuant to paragraph (a). The formulation of the program is a final decision for the purposes of judicial review.
[1911 CPA § 205; RL § 5147; NCL § 8703]—(NRS A 1973, 1170; 2005, 1394; 2015, 738)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.013 - Issuance of writ of attachment after notice and hearing.

The court may after notice and hearing, order the clerk to issue a writ of attachment in the following cases:
1. In an action upon a judgment or upon a contract, express or implied, for the direct payment of money:
(a) If the judgment is not a lien upon or the contract is not secured by mortgage, lien or pledge upon real or personal property situated in this state; or
(b) If such lien or security has, without any act of the plaintiff or the person to whom the security was given, become valueless or insufficient in value to secure the sum due the plaintiff, in which case the attachment shall issue only for the unsecured portion of the amount due the plaintiff, which is equal to the excess of the amount due the plaintiff above the value of the security.
2. In any case where the attachment of the property of the defendant is allowed pursuant to this chapter or other provision of law.
3. In any other case where the court finds that extraordinary circumstances exist which will make it improbable for the plaintiff to reach the property of the defendant by execution after the judgment has been entered.
(Added to NRS by 1973, 1171)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.017 - Issuance of writ of attachment without notice and hearing.

The court may order the writ of attachment issued without notice to the defendant only in the following cases:
1. In an action by a resident of this State against a defendant not residing in this State. For purposes of this subsection only, domestic corporations and foreign corporations who are doing business in this State and who have qualified to do business in this State as required in chapter 80 of NRS shall be deemed residents of this State. Alien corporations and foreign corporations who have not qualified to do business shall be deemed nonresidents.
2. In an action upon a foreign judgment for the direct payment of money.
3. In an action for the recovery of the value of personal property, where such personal property is owned by the plaintiff and has been taken or converted by the defendant without the consent of the plaintiff.
4. In an action by a resident of this State, where the defendant is about to remove the defendant’s money or property, or any part thereof, from this State, and the defendant’s property which may remain within this State, if any, will be insufficient to satisfy plaintiff’s claim. For purposes of this subsection only, a foreign corporation qualified to do business in this State as provided in chapter 80 of NRS shall be deemed a resident of this State.
5. Where the defendant is about to give, assign, hypothecate, pledge, dispose of or conceal the defendant’s money or property or any part thereof and the defendant’s money or property remaining in this State or that remaining unconcealed will be insufficient to satisfy the plaintiff’s claim.
6. In an action for the recovery of money or property, or the proceeds thereof, obtained from the plaintiff by the defendant through embezzlement, forgery, larceny or extortion.
7. In an action brought under chapter 112 of NRS.
8. In an action by the State, or a political subdivision thereof, brought under chapter 130 of NRS.
9. In an action where jurisdiction in this State can only be obtained by the attachment of the defendant’s property.
(Added to NRS by 1973, 1172)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.020 - Affidavit for attachment: Contents.

1. All applications to the court for an order directing the clerk to issue a writ of attachment without notice to the defendant shall be accompanied by the affidavit of the plaintiff or any other person having personal knowledge of the facts constituting one or more of the grounds for attachment, which affidavit or affidavits shall:
(a) Set forth clearly the nature of the plaintiff’s claim for relief and that the same is valid.
(b) Set forth the amount which the affiant believes the plaintiff is entitled to recover from the defendant, and if there is more than one plaintiff or more than one defendant, the amount the affiant believes each plaintiff is entitled to recover or the amount that the plaintiff is entitled to recover from each defendant.
(c) Describe in reasonable and clear detail all the facts which show the existence of any one of the grounds for an attachment without notice to the defendant.
(d) Describe in reasonable detail the money or property sought to be attached and the location thereof if known.
(e) If the property sought to be attached is other than money, set forth to the best knowledge and information of the affiant, the value of such property less any prior liens or encumbrances.
(f) Name all third persons upon whom a writ of garnishment in aid of the writ of attachment will be served.
(g) In an action upon a foreign judgment attach a copy of the judgment to the affidavit for attachment as an exhibit.
(h) State whether, to the best information and belief of the affiant, the money or property sought to be attached is exempt from execution.
2. All applications to the court for an order directing the clerk to issue a writ of attachment with notice to the defendant shall be accompanied by an affidavit setting forth the item required by subsection 1, except that such affidavit may show the existence of any one of the grounds for attachment with notice.
[1911 CPA § 206; RL § 5148; NCL § 8704]—(NRS A 1973, 1172)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.022 - Procedure when notice and hearing not required.

The court shall, without delay, examine the plaintiff’s application and affidavit and receive additional evidence if necessary, and shall order the clerk to issue a writ of attachment without notice to the defendant if:
1. The plaintiff’s affidavit, alone or as supplemented by additional evidence, meets the requirements of subsection 1 of NRS 31.020; and
2. The court determines, specifically, that there exist one or more grounds for attachment without notice as indicated in such affidavit or by additional evidence.
(Added to NRS by 1973, 1173)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.024 - Procedure when notice and hearing required: Order to show cause.

If the plaintiff’s application is for an order directing the clerk to issue a writ of attachment after notice and hearing, and the plaintiff’s affidavit, alone or as supplemented by additional evidence received by the court, meets the requirements of subsection 2 of NRS 31.020, the court shall issue an order directed to the debtor to show cause why the order for attachment should not be issued. The order must:
1. Fix the date and time for hearing on the order, which must not be set sooner than 3 days after the service of the order.
2. Direct the time within which service of the order must be made upon the defendant or the defendant’s attorney.
3. Fix the manner in which service of the order must be made, which may be by personal service upon the defendant or service upon the defendant’s attorney. If such service cannot be made, service may be by publication or in such a manner as the court determines is reasonably calculated to afford notice to the defendant under the circumstances set forth in the plaintiff’s affidavit.
4. State that the debtor:
(a) Is entitled to certain exemptions, describe those exemptions in the manner set forth in subsection 2 of NRS 31.045 and explain that the debtor may claim an exemption if it appears that exempt property may be seized;
(b) Has the right to file affidavits on the debtor’s behalf; and
(c) May appear personally or by way of an attorney, and present testimony on the debtor’s behalf at the time of hearing.
5. State that if the defendant fails to appear the defendant shall be deemed to have waived his or her right to the hearing and that in such case the court may order the clerk to issue a writ of attachment.
(Added to NRS by 1973, 1173; A 1989, 1140)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.026 - Procedure when notice and hearing required: Hearing.

A hearing on the order to show cause shall be conducted by the court without a jury. The court at such hearing shall consider all affidavits, testimony and other evidence presented and shall make a determination of the probable validity of the plaintiff’s underlying claim against the defendant. If the court determines such claim is probably valid it shall order the clerk to issue a writ of attachment.
(Added to NRS by 1973, 1174)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.028 - Contents of order for attachment.

The court or judge issuing any order for attachment with or without notice shall set forth in the order:
1. The ground or grounds for attachment relied upon for the issuance of the order.
2. The facts or reasons why the court believes the ground or grounds exist.
3. The fact that the plaintiff has alleged a meritorious claim for relief.
4. The amount for which the attachment will issue.
5. The amount of security which must be given by the plaintiff before the writ will issue.
6. The names of all third persons upon whom writs of garnishment in aid of attachment may be served.
7. A description in reasonable detail of the money or property to be attached, and, if property, the value of the property based upon the evidence or affidavits presented to the court. The writ of attachment shall demand the amount for which attachment will issue, as specified in the order, and the court may order several writs to be issued at the same time to the sheriffs of different counties.
(Added to NRS by 1973, 1175)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.030 - Written undertaking on attachment; additional bond; exception to sufficiency of sureties; vacation of writ.

1. The court, in its order for attachment, shall require a written undertaking on the part of the plaintiff payable in lawful money of the United States in a sum not less than the amount claimed by the plaintiff or the value of the property to be attached, whichever is less, with two or more sureties to the effect that if the plaintiff dismiss such action or if the defendant recover judgment the plaintiff will pay in lawful money of the United States all costs that may be awarded to the defendant, and all damages which the defendant may sustain by reason of the attachment including attorney’s fees, not exceeding the sum specified in the undertaking. Each of the sureties shall annex to the undertaking an affidavit that the surety is a resident and householder or freeholder within the State, and worth double the sum specified in the undertaking over and above all the surety’s debts and liabilities, exclusive of property exempt from execution. In the case of an attachment issued with notice to the defendant, or in any case upon showing by the defendant after notice to the plaintiff, the court may require an additional bond. No bond may be required of the State or of an officer or agency thereof.
2. Before issuing the writ of attachment the clerk shall require the filing by the plaintiff of the written undertaking required by the court pursuant to subsection 1.
3. At any time after the issuing of the attachment, but not later than 5 days after actual notice of the levy thereof, the defendant may except to the sufficiency of the sureties. If the defendant fails to do so, the defendant is deemed to have waived all objections to them. When excepted to, the plaintiff’s sureties, within 5 days from service of written notice of exception, upon notice to the defendant of not less than 2 nor more than 5 days, must justify before the judge, justice, or clerk of the court in which the action is pending; and upon failure to justify, or if others in their place fail to justify, at the time and place appointed, the writ of attachment must be vacated.
[1911 CPA § 207; A 1949, 499; 1943 NCL § 8705]—(NRS A 1957, 271; 1965, 1003; 1973, 1174)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.040 - Sheriff to attach and keep property; undertaking by defendant.

The writ must be directed to the sheriff of any county in which property of the defendant may be and require the sheriff to attach and keep safely all the money or property of the defendant described in the order for attachment within the county not exempt from execution, or so much thereof as is sufficient to satisfy the amount demanded by the writ of attachment, whichever is less, unless the defendant gives the sheriff security by the undertaking of at least two sufficient sureties in an amount equal to the amount demanded by the writ or the value of the property levied upon, whichever is less, apart from costs, in lawful money of the United States, in which case the writ must require the sheriff to take such an undertaking.
[1911 CPA § 208; RL § 5150; NCL § 8706]—(NRS A 1973, 1175; 1989, 586; 1997, 419)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.050 - Attachment of shares of stock, debts due defendant and other property.

Subject to the order for attachment and the provisions of NRS 78.746 and chapters 104 to 104C, inclusive, of NRS, the right of shares which the defendant may have in the stock of any corporation or company, together with the interest and profits therein, and all debts due such defendant, and all other property in this State of such defendant not exempt from execution, may be attached, and if judgment be recovered, be sold to satisfy the judgment and execution.
[1911 CPA § 209; RL § 5151; NCL § 8707]—(NRS A 1965, 914; 1973, 1175; 2007, 2716)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.060 - Execution of writ of attachment: Manner in which property is to be attached.

Subject to the requirements of NRS 31.045, the sheriff to whom the writ is directed and delivered shall execute it without delay, and if the undertaking mentioned in NRS 31.040 is not given, as follows:
1. Real property must be attached by leaving a copy of the writ with the occupant of the property or, if there is no occupant, by posting a copy in a conspicuous place on the property and recording the writ, together with a description of the property attached, with the recorder of the county.
2. Personal property must be attached:
(a) By taking it into immediate custody, and, if directed by the plaintiff, using the services of any company which operates a tow car, as defined in NRS 706.131, or common motor carrier, as defined in NRS 706.036, to transport it for storage in a warehouse or storage yard that is insured or bonded in an amount not less than the full value of the property; or
(b) By placing a keeper in charge of a going business where the property is located, with the plaintiff prepaying the expense of the keeper to the sheriff, during which period, the defendant, by order of the court or the consent of the plaintiff, may continue to operate in the ordinary course of business at the defendant’s own expense if all sales are for cash and the full proceeds are paid to the keeper for the purpose of the attachment.
If the property is stored pursuant to paragraph (a), the property must be segregated from other property and marked by signs or other appropriate means indicating that it is in the custody of the sheriff.
3. Any mobile home, as defined in NRS 40.215, must be attached by:
(a) Posting a copy of the writ in a conspicuous place on the mobile home;
(b) Taking it into immediate custody, subject to the provisions of subsection 2; or
(c) Placing a keeper in charge of the mobile home for 2 days, with the plaintiff prepaying the expense of the keeper to the sheriff:
(1) During which period, the defendant may continue to occupy the mobile home; and
(2) After which period, the sheriff shall take the mobile home into the sheriff’s immediate custody, subject to the provisions of subsection 2, unless other disposition is made by the court or the parties to the action.
4. Debts and credits, due or to become due, and other personal property in the possession or under the control of persons other than the defendant must be attached by service of a writ of garnishment as provided in NRS 31.240 to 31.460, inclusive.
[1911 CPA § 210; A 1953, 548]—(NRS A 1957, 272; 1965, 914; 1971, 1500; 1973, 1176; 1989, 462, 586, 605, 1141, 1147; 1997, 419; 2001, 1749; 2017, 1978)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.065 - Deposits by plaintiff of money with sheriff to pay expenses of taking, transporting and keeping certain personal property; liability of sheriff.

1. In cases where the sheriff is instructed to take into possession easily transportable personal property, whether it is to be placed in a warehouse or storage yard or in the custody of a keeper, the sheriff shall require, as prerequisite to the taking of the property, that in addition to written instructions the plaintiff or the plaintiff’s attorney of record deposit with the sheriff a sum of money sufficient to pay the expenses of taking, transporting and keeping safely the property for a period not to exceed 30 days.
2. If a further detention of the property is required, the sheriff shall make written demands upon the plaintiff or the plaintiff’s attorney for further deposits to cover estimated expenses for periods not to exceed 30 days each. If the attaching party desires to make a greater deposit, the attaching party may do so. Such demand must be personally served on the plaintiff or the plaintiff’s attorney or left with a responsible person or in a proper receptacle at the office or residence of the plaintiff or the plaintiff’s attorney or the demand must be deposited in the post office in a sealed envelope, as first-class registered or certified mail postage prepaid, addressed to the person on whom it is served or the person’s attorney at the last known office or place of residence.
3. If the money so demanded is not paid, the sheriff shall notify the defendant within 5 days after money for storing and handling the property is no longer available and shall release the property to the persons from whom it was taken. Failure so to notify the defendant imposes liability on the sheriff for the expenses unless sufficient money can be obtained from the plaintiff.
(Added to NRS by 1965, 1226; A 1969, 95; 1973, 1177; 1989, 463)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.100 - Examination of person served with copy of writ and defendant; delivery and memoranda of personal property.

After the writ has been issued, any person owing debts to the defendant or having in the person’s possession or under the person’s control any credits or other personal property belonging to the defendant, may, by subpoena, be required to give a deposition or attend before the court, or judge, or a master appointed by the court or judge, and be examined on oath respecting the same. After the writ has been issued, the defendant may also be required to give a deposition or attend for the purpose of giving information respecting the defendant’s property, and may be examined on oath. The court or judge may, after such examination, order personal property capable of manual delivery to be delivered to the sheriff on such terms as may be just, having reference to any liens thereon or claims against the same, and a memorandum to be given of all other personal property, containing the amount and description thereof.
[1911 CPA § 213; RL § 5155; NCL § 8711]—(NRS A 1973, 1178)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.110 - Sheriff’s return of writ; certificate.

The sheriff shall return the writ of attachment within 25 days after its receipt, with a certificate of the sheriff’s proceeding endorsed thereon or attached thereto. The certificate must contain the date, time and place of each levy upon real or personal property, a full inventory of the personal property attached, a description of all real property attached, and the date, time and place where each writ of garnishment was served. The sheriff shall also attach to the writ of attachment a true and correct copy of each writ of garnishment served.
[1911 CPA § 214; RL § 5156; NCL § 8712]—(NRS A 1973, 1179; 1991, 195)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.120 - Sale of attached perishable property; sheriff to retain proceeds and attached property to answer judgment.

If any of the property attached is perishable, the sheriff shall sell it in the manner prescribed by the court. The proceeds and other property attached by the sheriff shall be retained by the sheriff to answer any judgment that may be recovered in the action, unless sooner subject to execution upon another judgment recovered previous to the issuing of the attachment. Debts and credits attached may be collected by the sheriff, if the same can be done without suit. The sheriff’s receipt shall be a sufficient discharge for the amount paid.
[1911 CPA § 215; RL § 5157; NCL § 8713]—(NRS A 1973, 1179)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.130 - Sale of attached property; proceeds to be deposited in court.

Whenever property has been taken by an officer under a writ of attachment, and it is made to appear satisfactorily to the court, or a judge thereof, that the interest of the parties to the action will be subserved by a sale thereof, the court or judge may order such property to be sold in the same manner as property is sold under an execution, and the proceeds to be deposited in the court to abide the judgment of the action. Such order can be made only upon notice to the adverse party or the adverse party’s attorney.
[1911 CPA § 216; RL § 5158; NCL § 8714]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.140 - Satisfaction of judgment by sales of attached property.

If judgment be recovered by the plaintiff, the sheriff shall satisfy the same out of the property attached by the sheriff which has not been delivered to the defendant or a claimant, as hereinafter provided, or subjected to execution on another judgment recovered previous to the issuing of the attachment, if it be sufficient for that purpose:
1. By paying to the plaintiff the proceeds of all sales of perishable property sold by the sheriff or of any debts or credits collected by the sheriff, or so much as shall be necessary to satisfy the judgment.
2. If any balance remain due, and an execution shall have been issued on the judgment, the sheriff shall sell under the execution so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remain in the sheriff’s hands. Notice of the sales shall be given, and the sales conducted as in other cases of sales on execution.
[1911 CPA § 217; RL § 5159; NCL § 8715]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.150 - Deficiency after sale of attached property; sheriff to collect balance as upon an execution.

If, after selling all the property attached by the sheriff remaining in the sheriff’s hands, and applying the proceeds, together with the proceeds of any debts or credits collected by the sheriff, deducting the fees, to the payment of the judgment, any balance shall remain due, the sheriff shall proceed to collect such balance as upon an execution in other cases. Whenever the judgment shall have been paid, the sheriff, upon reasonable demand, shall deliver over to the defendant the attached property remaining in the sheriff’s hands, and any proceeds of the property attached unapplied on the judgment.
[1911 CPA § 218; RL § 5160; NCL § 8716]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.160 - Plaintiff may prosecute undertaking if execution returned unsatisfied.

If the execution be returned unsatisfied, in whole or in part, the plaintiff may prosecute any undertaking given pursuant to NRS 31.040 or 31.190, or the plaintiff may proceed as in other cases upon the return of an execution.
[1911 CPA § 219; RL § 5161; NCL § 8717]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.170 - Discharge of attachment after judgment for defendant or dismissal of action; stay of release pending appeal.

If the defendant recovers judgment against the plaintiff, or if the claim for relief upon which the attachment is based is dismissed, then any undertaking received in the action, all the proceeds of sales and money collected by the sheriff, and all the property attached remaining in the sheriff’s hands, shall be delivered to the defendant or the defendant’s agent, and the order of attachment shall be discharged and the property released therefrom; but if an appeal is taken from an order dissolving or discharging the attachment, from a final judgment in favor of the defendant or from an order dismissing the claim for relief upon which the attachment is based, the court may, upon such terms as are just, stay or enjoin the release by the sheriff and the dissolution of the writ pending the appeal.
[1911 CPA § 220; A 1913, 30; NCL § 8718]—(NRS A 1973, 1179)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.180 - Defendant, having appeared in action, may move for discharge of attachment upon giving undertaking; stipulations for release of attachments.

1. Whenever the defendant shall have appeared in the action, the defendant may apply, upon reasonable notice to the plaintiff, to the court in which the action is pending, or to the judge thereof, for an order to discharge the attachment, wholly or in part, upon the execution and filing of the undertaking mentioned in NRS 31.190. Such order may be granted directing the release from the operation of the attachment, upon the filing of such undertaking and the justification of the sureties thereon, if required by the plaintiff, of all or any part of the property, money, debts or credits attached, as the case may be. All the proceeds of sales and moneys collected by the sheriff, and all the property attached remaining in the sheriff’s hands, so released, shall be delivered or paid to the defendant upon the filing of such undertaking and making such justification, if required by the plaintiff.
2. The plaintiff and defendant may stipulate in writing that the attachment of defendant’s property may be released wholly or in part. Upon the filing of such a stipulation, the sheriff shall release the property pursuant to the stipulation.
[1911 CPA § 221; RL § 5163; NCL § 8719]—(NRS A 1967, 270)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.190 - Undertaking of defendant; determination of disputed value of property; justification by sureties.

1. On granting an order for discharge of attachment pursuant to NRS 31.180, the court or the judge shall require an undertaking on behalf of the defendant, with at least two sureties, residents and freeholders, or householders, in the county, which shall be filed:
(a) To the effect, in case the value of the property or the amount of money, debts, or credits sought to be released equals or exceeds the demand of the writ, that the defendant will pay to the plaintiff the amount of the judgment which may be recovered in favor of the plaintiff in the action or the demand of the writ, whichever is less; or
(b) To the effect, in case the value of the property or the amount of money, debts, or credits sought to be released is less than the demand of the writ, that the defendant will pay the amount of money, debts or credits, or value of the property sought to be released, in lawful money of the United States.
2. The value of the property sought to be released, if disputed, shall be determined by the court or judge thereof, upon proof or by a sworn appraiser or sworn appraisers, not exceeding three, to be appointed by the court or judge for that purpose.
3. Before filing the undertaking, the defendant shall serve a copy thereof upon the plaintiff, and if the plaintiff require a justification by the sureties, the plaintiff shall give notice thereof to the defendant within 2 days; or at the time of giving notice of motion for an order to discharge the attachment, the defendant may in the defendant’s notice name the sureties, and if the plaintiff require them to justify the plaintiff shall give notice thereof at the hearing of the motion. If required, the sureties shall justify before the court in which the suit is pending, or the judge thereof, after reasonable notice.
[1911 CPA § 222; RL § 5164; NCL § 8720]—(NRS A 1961, 421; 1973, 1180)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.200 - Grounds for discharge of attachment.

1. The defendant may also, at any time before trial, apply by motion, upon reasonable notice to the plaintiff, to the court in which the action is brought or to the judge thereof, for a discharge of the attachment, or the money or property attached through the use of a writ of garnishment, on the following grounds:
(a) That the writ was improperly or improvidently issued.
(b) That the property levied upon is exempt from execution or necessary and required by the defendant for the support and maintenance of the defendant and the members of the defendant’s family.
(c) That the levy is excessive.
2. If the court or the judge thereof on the hearing of such motion shall find that any of the grounds stated in subsection 1 exist, the attachment and levy thereof shall be discharged. If the motion is based upon paragraph (c) of subsection 1 only, and the fact is found to exist, the discharge of attachment shall be only as to the excess.
[1911 CPA § 223; A 1921, 4; NCL § 8721]—(NRS A 1973, 1180)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.210 - When motion to discharge attachment made on affidavits, plaintiff may oppose by affidavits.

If the motion is made upon affidavits on the part of the defendant, the plaintiff may oppose it by affidavits or other evidence, in addition to those on which the writ of attachment was issued.
[1911 CPA § 224; RL § 5166; NCL § 8722]—(NRS A 1973, 1181)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.220 - Improperly, improvidently or irregularly issued writ must be discharged; issuance of new writ.

If upon such application it satisfactorily appears that the writ of attachment was improperly, improvidently or irregularly issued, it must be discharged; but the release of the property shall not be ordered if, at or before the hearing on such application, the court orders a new writ to be issued as provided in NRS 31.024 and 31.026, in which case the sheriff shall relevy upon the property under the new writ.
[1911 CPA § 225; RL § 5167; NCL § 8723]—(NRS A 1973, 1181)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.235 - Constables have powers and duties of sheriff with respect to writ of attachment.

A constable may perform any of the duties assigned to a sheriff and has all of the authority granted to a sheriff pursuant to this chapter with respect to a writ of attachment.
(Added to NRS by 2011, 1901)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.240 - Writ of garnishment may issue at time of issuance of writ of attachment or later.

At the time of the order directing a writ of attachment to issue or at any time thereafter, the court may order that a writ of garnishment issue, and thereupon cause the money, credits, effects, debts, choses in action and other personal property of the defendant in the possession or under the control of any third person to be attached as security for any judgment the plaintiff may recover in the action against the defendant.
[1911 CPA § 227; RL § 5169; NCL § 8725]—(NRS A 1973, 1181)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.249 - Application to court for writ of garnishment.

1. No writ of garnishment in aid of attachment may issue except on order of the court. The court may order the writ of garnishment to be issued:
(a) In the order directing the clerk to issue a writ of attachment; or
(b) If the writ of attachment has previously issued without notice to the defendant and the defendant has not appeared in the action, by a separate order without notice to the defendant.
2. The plaintiff’s application to the court for an order directing the issuance of a writ of garnishment must be by affidavit made by or on behalf of the plaintiff to the effect that the affiant is informed and believes that the named garnishee:
(a) Is the employer of the defendant; or
(b) Is indebted to or has property in the garnishee’s possession or under the garnishee’s control belonging to the defendant,
and that to the best of the knowledge and belief of the affiant, the defendant’s future wages, the garnishee’s indebtedness or the property possessed is not by law exempt from execution. If the named garnishee is the State of Nevada, the writ of garnishment must be served upon the State Controller.
3. The affidavit by or on behalf of the plaintiff may be contained in the application for the order directing the writ of attachment to issue or may be filed and submitted to the court separately thereafter.
4. Except as otherwise provided in this section, the grounds and procedure for a writ of garnishment are identical to those for a writ of attachment.
5. If the named garnishee is the subject of more than one writ of garnishment regarding the defendant, the court shall determine the priority and method of satisfying the claims, except that any writ of garnishment to satisfy a judgment for the collection of child support must be given first priority.
(Added to NRS by 1973, 1181; A 1985, 1012; 1989, 700)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.260 - Issuance and contents of writ of garnishment; notice of execution.

1. The writ of garnishment must:
(a) Be issued by the sheriff.
(b) Contain the name of the court and the names of the parties.
(c) Be directed to the garnishee defendant.
(d) State the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address.
(e) Require each person the court directs, as garnishees, to submit to the sheriff an answer to the interrogatories within 20 days after service of the writ upon the person.
2. The writ of garnishment must also notify the garnishee defendant that, if the garnishee defendant fails to answer the interrogatories, a judgment by default will be rendered against the garnishee defendant for:
(a) The amount demanded in the writ of garnishment or the value of the property described in the writ, as the case may be; or
(b) If the garnishment is pursuant to NRS 31.291, the amount of the lien created pursuant to that section,
which amount or property must be clearly set forth in the writ of garnishment.
3. Execution on the writ of garnishment may occur only if the sheriff mails a copy of the writ with a copy of the notice of execution to the defendant in the manner and within the time prescribed in NRS 21.076. In the case of a writ of garnishment that continues for 180 days or until the amount demanded in the writ is satisfied, a copy of the writ and the notice of execution need only be mailed once to the defendant.
[1911 CPA § 229; RL § 5171; NCL § 8727]—(NRS A 1973, 1182; 1989, 1141; 2001, 474; 2017, 1979)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.270 - Service of writ; tender of garnishee’s fees.

1. The writ of garnishment shall be served by the sheriff of the county where the garnishee defendant is found, unless the court directs otherwise, in the same manner as provided by rule of court or law of this state for the service of a summons in a civil action.
2. At the time of the service of the writ of garnishment, the garnishee shall be paid or tendered by the plaintiff in the action or the officer serving the writ a fee of $5, and unless such sum is paid or tendered to the garnishee defendant or the person upon whom service is made for the garnishee defendant, service shall be deemed incomplete.
[1911 CPA § 230; A 1953, 548]—(NRS A 1973, 1182)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.280 - Service and return of writ give court jurisdiction.

The sheriff’s return of the writ of garnishment showing due service of the writ of garnishment upon one or more garnishee defendants with the payment or tender of the garnishee’s fees shall give the court jurisdiction to proceed against each such garnishee.
[1911 CPA § 231; RL § 5173; NCL § 8729]—(NRS A 1973, 1183)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.291 - Garnishment of certain financial institutions.

1. Debts and credits, due or to become due, from a bank incorporated under the laws of the State of Nevada or the laws of the United States of America, or other personal property held by the bank must be garnished by serving a copy of the writ of garnishment on one of the following officers of the bank:
(a) If the bank has no branches, trust department or military facility, on the president, vice president, assistant vice president, cashier, assistant cashier, manager or other managing officer in charge of the bank owing the debts, or having in its possession or under its control the credits or other personal property.
(b) If the bank has branches or military facilities owing the debts or having in its possession or under its control the credits or other personal property, on the vice president, assistant vice president, assistant cashier, manager or other managing officer in charge of the branch or in charge of the military facility. Service on that officer or agent constitutes a valid levy on any debt, credit or other personal property owing by any branch or military facility of the bank.
(c) If the bank has a trust department owing the debts or having in its possession or under its control the credits or other personal property, on the vice president and trust officer, trust officer, assistant trust officer or other managing officer of the trust department.
2. Debts and credits due or to become due from a credit union, savings and loan association or savings bank incorporated under the laws of the State of Nevada or the laws of the United States of America or other personal property and choses in action held by the credit union, savings and loan association or savings bank must be garnished by serving the writ of garnishment in the same manner as upon banks pursuant to subsection 1.
3. A garnishment pursuant to this section creates a lien only upon the amounts in the accounts or to the credit of the debtor at the time of service of the writ of garnishment. An item in the process of collection is included in the amount of an account unless the item is returned unpaid. Money in the accounts that the garnishee has declared under oath and in answers to interrogatories to be exempt from execution is not included in the amount of the account.
4. No garnishment may occur until the defendant has been served with the notice of execution in substantially the form prescribed in NRS 31.045 and in the manner prescribed in NRS 21.076.
(Added to NRS by 1973, 1185; A 1985, 21; 1989, 1143; 1995, 107; 1999, 1455)