reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0305 - "Political subdivision" defined.

As used in NRS 41.0305 to 41.039, inclusive, the term "political subdivision" includes an organization that was officially designated as a community action agency pursuant to 42 U.S.C. § 2790 before that section was repealed and is included in the definition of an "eligible entity" pursuant to 42 U.S.C. § 9902, the Nevada Rural Housing Authority, an airport authority created by special act of the Legislature, a regional transportation commission and a fire protection district, an irrigation district, a school district, the governing body of a charter school, any other special district that performs a governmental function, even though it does not exercise general governmental powers, and the governing body of a university school for profoundly gifted pupils.
(Added to NRS by 1977, 455; A 1987, 95, 701, 740, 1395; 1989, 1723; 1993, 1210; 1995, 814; 1997, 1035; 1999, 3319; 2001, 826; 2005, 2429; 2015, 3816; 2019, 2014, 2075)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0307 - "Employee," "employment," "immune contractor," "public officer" and "officer" defined.

As used in NRS 41.0305 to 41.039, inclusive:
1. "Employee" includes an employee of a:
(a) Part-time or full-time board, commission or similar body of the State or a political subdivision of the State which is created by law.
(b) Charter school.
(c) University school for profoundly gifted pupils described in chapter 388C of NRS.
2. "Employment" includes any services performed by an immune contractor.
3. "Immune contractor" means any natural person, professional corporation or professional association which:
(a) Is an independent contractor with the State pursuant to NRS 333.700; and
(b) Contracts to provide medical services for the Department of Corrections.
As used in this subsection, "professional corporation" and "professional association" have the meanings ascribed to them in NRS 89.020.
4. "Public officer" or "officer" includes:
(a) A member of a part-time or full-time board, commission or similar body of the State or a political subdivision of the State which is created by law.
(b) A public defender and any deputy or assistant attorney of a public defender or an attorney appointed to defend a person for a limited duration with limited jurisdiction.
(c) A district attorney and any deputy or assistant district attorney or an attorney appointed to prosecute a person for a limited duration with limited jurisdiction.
(Added to NRS by 1977, 1536; A 1981, 247; 1987, 95, 539; 1989, 695; 1991, 142; 1993, 2261; 1997, 914; 1999, 3319; 2001 Special Session, 213; 2003, 329; 2005, 2430; 2009, 2231)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0308 - Volunteer crossing guard for county school district deemed employee of political subdivision of State if volunteer has completed approved training.

For the purposes of NRS 41.0305 to 41.039, inclusive, a person who volunteers to a county school district or to a local law enforcement agency to serve as a crossing guard for a county school district shall be deemed an employee of a political subdivision of the State if the person has successfully completed a training course in traffic safety that has been approved by a local law enforcement agency.
(Added to NRS by 1995, 98)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0309 - Employee of or volunteer for public fire-fighting agency deemed employee of State or political subdivision of State.

For the purposes of NRS 41.0305 to 41.039, inclusive, an employee of or volunteer for a public fire-fighting agency shall be deemed an employee of the State or a political subdivision of the State.
(Added to NRS by 1993, 874)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.031 - Waiver applies to State and its political subdivisions; naming State as defendant; service of process; State does not waive immunity conferred by Eleventh Amendment.

1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, 485.318, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.010 or the limitations of NRS 41.032 to 41.036, inclusive. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the State, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
2. An action may be brought under this section against the State of Nevada or any political subdivision of the State. In any action against the State of Nevada, the action must be brought in the name of the State of Nevada on relation of the particular department, commission, board or other agency of the State whose actions are the basis for the suit. An action against the State of Nevada must be filed in the county where the cause or some part thereof arose or in Carson City. In an action against the State of Nevada, the summons and a copy of the complaint must be served upon:
(a) The Attorney General, or a person designated by the Attorney General, at the Office of the Attorney General in Carson City; and
(b) The person serving in the office of administrative head of the named agency.
3. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.
(Added to NRS by 1965, 1413; A 1975, 209, 421; 1977, 275; 1979, 628; 1987, 95; 1989, 695; 1991, 142; 1993, 148, 824, 1501, 2489, 2491, 2492; 1995, 583, 639; 1997, 473; 2003, 329)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.032 - Acts or omissions of officers, employees and immune contractors.

Except as provided in NRS 278.0233 no action may be brought under NRS 41.031 or against an immune contractor or an officer or employee of the State or any of its agencies or political subdivisions which is:
1. Based upon an act or omission of an officer, employee or immune contractor, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, if the statute or regulation has not been declared invalid by a court of competent jurisdiction; or
2. Based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the State or any of its agencies or political subdivisions or of any officer, employee or immune contractor of any of these, whether or not the discretion involved is abused.
(Added to NRS by 1965, 1413; A 1967, 992; 1977, 1536; 1983, 2100; 1987, 540)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0322 - Actions by persons in custody of Department of Corrections to recover compensation for loss or injury.

1. A person who is or was in the custody of the Department of Corrections may not proceed with any action against the Department or any of its agents, former officers, employees or contractors to recover compensation for the loss of the person’s personal property, property damage, personal injuries or any other claim arising out of a tort pursuant to NRS 41.031 unless the person has exhausted the person’s administrative remedies provided by NRS 209.243 and the regulations adopted pursuant thereto.
2. The filing of an administrative claim pursuant to NRS 209.243 is not a condition precedent to the filing of an action pursuant to NRS 41.031.
3. An action filed by a person in accordance with this section before the exhaustion of the person’s administrative remedies must be stayed by the court in which the action is filed until the administrative remedies are exhausted. The court shall dismiss the action if the person has not timely filed the person’s administrative claim pursuant to NRS 209.243.
4. If a person has exhausted the person’s administrative remedies and has filed and is proceeding with a civil action to recover compensation for the loss of the person’s personal property, property damage, personal injuries or any other claim arising out of a tort, the Office of the Attorney General must initiate and conduct all negotiations for settlement relating to that action.
(Added to NRS by 1993, 1210; A 1995, 1517; 2001 Special Session, 213)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0325 - Negligence or willful misconduct of minor driver in legal custody of State.

No action may be commenced pursuant to subsection 2 of NRS 483.300 against the State, a county or an officer or employee of the State or a county for damages caused by the negligence or willful misconduct of a minor driver whose application for a driver’s license was signed by the officer or employee while the minor was in the legal custody of the State or county.
(Added to NRS by 1989, 695; A 2005, 1043)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0327 - Injuries arising from acts incident to certain solicitations of charitable contributions.

No action may be brought under NRS 41.031 or against an officer or employee of the State or any of its agencies or political subdivisions which is based upon any injuries to any person or property arising from or incident to the act of solicitation permitted pursuant to NRS 244.3555, 268.423 or 408.601.
(Added to NRS by 1991, 142)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.033 - Failure to inspect or discover hazards, deficiencies or other matters; inspection does not create warranty or assurance concerning hazards, deficiencies or other matters.

1. No action may be brought under NRS 41.031 or against an officer or employee of the State or any of its agencies or political subdivisions which is based upon:
(a) Failure to inspect any building, structure, vehicle, street, public highway or other public work, facility or improvement to determine any hazards, deficiencies or other matters, whether or not there is a duty to inspect; or
(b) Failure to discover such a hazard, deficiency or other matter, whether or not an inspection is made.
2. An inspection conducted with regard to a private building, structure, facility or improvement constitutes a public duty and does not warrant or ensure the absence of any hazard, deficiency or other matter.
(Added to NRS by 1965, 1413; A 1967, 993; 1977, 1537; 1993, 2886)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0331 - Construction of fence or other safeguard around dangerous condition at abandoned mine.

A person, the State of Nevada, any political subdivision of the State, any agency of the State or any agency of its political subdivisions is immune from civil liability for damages sustained as a result of any act or omission by the person, State, political subdivision or agency in constructing, or causing to be constructed, pursuant to standards prescribed by the Commission on Mineral Resources, a fence or other safeguard around an excavation, shaft, hole or other dangerous condition at an abandoned mine for which the person, State, political subdivision or agency is not otherwise responsible.
(Added to NRS by 1989, 1556)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0332 - Acts or omissions of volunteer school crossing guards.

County school districts and local law enforcement agencies are not liable for the negligent acts or omissions of a person who volunteers to serve as a crossing guard, unless:
1. The volunteer made a specific promise or representation to a natural person who relied upon the promise or representation to the person’s detriment; or
2. The conduct of the volunteer affirmatively caused the harm.
The provisions of this section are not intended to abrogate the principle of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons.
(Added to NRS by 1995, 98)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0333 - Acts or omissions of members or employees of Nevada National Guard.

No action may be brought under NRS 41.031 or against the State of Nevada or the Nevada National Guard or a member or employee of the Nevada National Guard which action is based upon an act or omission of the member or employee while engaged in state or federal training of the Nevada National Guard or duty as prescribed by Title 32 of U.S.C., or regulations adopted pursuant thereto, whether such training or duty is performed within or without the boundaries of this state.
(Added to NRS by 1975, 209)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0334 - Persons engaged in certain criminal acts in or on public buildings or vehicles; exceptions.

1. Except as otherwise provided in subsection 2, no action may be brought under NRS 41.031 or against an officer or employee of the State or any of its agencies or political subdivisions for injury, wrongful death or other damage sustained in or on a public building or public vehicle by a person who was engaged in any criminal act proscribed in NRS 205.005 to 205.080, inclusive, 205.220, 205.226, 205.228, 205.240, 205.271 to 205.2741, inclusive, 206.310, 206.330, 206.335, 207.210, 331.200 or 393.410 at the time of the injury, wrongful death or damage was caused.
2. Subsection 1 does not apply to any action for injury, wrongful death or other damage:
(a) Intentionally caused or contributed to by an officer or employee of the State or any of its agencies or political subdivisions; or
(b) Resulting from the deprivation of any rights, privileges or immunities secured by the United States Constitution or the Constitution of the State of Nevada.
3. As used in this section:
(a) "Public building" includes every house, shed, tent or booth, whether or not completed, suitable for affording shelter for any human being or as a place where any property is or will be kept for use, sale or deposit, and the grounds appurtenant thereto; and
(b) "Public vehicle" includes every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, waterway or airway,
owned, in whole or in part, possessed, used by or leased to the State or any of its agencies or political subdivisions.
(Added to NRS by 1987, 94, 95; A 1995, 738; 1997, 346; 2007, 2299; 2009, 23)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0335 - Actions against certain officers and employees of political subdivisions for acts or omissions of other persons.

1. No action may be brought against:
(a) A sheriff or county assessor which is based solely upon any act or omission of a deputy;
(b) A chief of a police department which is based solely upon any act or omission of an officer of the department;
(c) A chief of a fire department which is based solely upon any act or omission of a firefighter or other person called to assist the department;
(d) A member of the board of trustees of a county school district, the superintendent of schools of that school district or the principal of a school, which is based solely upon any act or omission of a person volunteering as a crossing guard; or
(e) A chief of a local law enforcement agency which is based solely on any act or omission of a person volunteering as a crossing guard.
2. This section does not:
(a) Limit the authority of the State or a political subdivision or a public corporation of the State to bring an action on any bond or insurance policy provided pursuant to law for or on behalf of any person who may be aggrieved or wronged.
(b) Limit or abridge the jurisdiction of any court to render judgment upon any such bond or insurance policy for the benefit of any person so aggrieved or wronged.
(Added to NRS by 1969, 563; A 1987, 216; 1995, 99; 1997, 1584; 2005, 316)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0336 - Acts or omissions of firefighters or law enforcement officers.

A fire department or law enforcement agency is not liable for the negligent acts or omissions of its firefighters or officers or any other persons called to assist it, nor are the individual officers, employees or volunteers thereof, unless:
1. The firefighter, officer or other person made a specific promise or representation to a natural person who relied upon the promise or representation to the person’s detriment; or
2. The conduct of the firefighter, officer or other person affirmatively caused the harm.
The provisions of this section are not intended to abrogate the principle of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons.
(Added to NRS by 1987, 216; A 2005, 317)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.03365 - Actions concerning equipment or personal property donated in good faith to volunteer fire department.

No action may be brought under NRS 41.031 or against an immune contractor or an officer or employee of the State or any of its agencies or political subdivisions for damages caused by any equipment or other personal property that was provided by any of them, in good faith and without charge, to a volunteer fire department for use by the volunteer fire department in carrying out its duties.
(Added to NRS by 2003, 329)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0337 - State or political subdivision to be named party defendant.

1. No tort action arising out of an act or omission within the scope of a person’s public duties or employment may be brought against any present or former:
(a) Local judicial officer or state judicial officer;
(b) Officer or employee of the State or of any political subdivision;
(c) Immune contractor; or
(d) State Legislator,
unless the State or appropriate political subdivision is named a party defendant under NRS 41.031.
2. No tort action may be brought against a person who is named as a defendant in the action solely because of an alleged act or omission relating to the public duties or employment of any present or former:
(a) Local judicial officer or state judicial officer;
(b) Officer or employee of the State or of any political subdivision;
(c) Immune contractor; or
(d) State Legislator,
unless the State or appropriate political subdivision is named a party defendant under NRS 41.031.
3. As used in this section:
(a) "Local judicial officer" has the meaning ascribed to it in NRS 41.03377.
(b) "State judicial officer" has the meaning ascribed to it in NRS 41.03385.
(Added to NRS by 1975, 896; A 1977, 481, 1537; 1979, 1731; 1987, 540; 2013, 1494)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.03375 - Definitions.

As used in NRS 41.03375 to 41.03473, inclusive, unless the context otherwise requires, the words and terms defined in NRS 41.03377, 41.0338 and 41.03385 have the meanings ascribed to them in those sections.
(Added to NRS by 2013, 1494; A 2023, 1303)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0338 - "Official attorney" defined.

"Official attorney" means:
1. The Attorney General, in an action which involves:
(a) A present or former state judicial officer, State Legislator, officer or employee of this State, immune contractor or member of a state board or commission; or
(b) A person who is named as a defendant in the action solely because of an alleged act or omission relating to the public duties or employment of a person listed in paragraph (a).
2. The chief legal officer or other authorized legal representative of a political subdivision, in an action which involves:
(a) A present or former local judicial officer of that political subdivision, a present or former officer or employee of that political subdivision or a present or former member of a local board or commission; or
(b) A person who is named as a defendant in the action solely because of an alleged act or omission relating to the public duties or employment of a person listed in paragraph (a).
(Added to NRS by 1979, 1733; A 1987, 540; 1999, 782; 2001, 63, 64; 2013, 1494)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.03385 - "State judicial officer" defined.

"State judicial officer" means a justice or senior justice of the Supreme Court, judge or senior judge of the Court of Appeals or judge or senior judge of a district court.
(Added to NRS by 2013, 1494; A 2023, 1303)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0339 - Circumstances under which official attorney to provide defense or employ special counsel.

1. The official attorney shall provide for the defense, including the defense of cross-claims and counterclaims, of any present or former local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator in any civil action brought against that person based on any alleged act or omission relating to the person’s public duties or employment, or any other person who is named as a defendant in a civil action solely because of an alleged act or omission relating to the public duties or employment of a local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator, if:
(a) Within 15 days after service of a copy of the summons and complaint or other legal document commencing the action, the person submits a written request for defense:
(1) To the official attorney; or
(2) If the officer, employee or immune contractor has an administrative superior, to the administrator of the person’s agency and the official attorney; and
(b) The official attorney has determined that the act or omission on which the action is based appears to be within the course and scope of public duty or employment and appears to have been performed or omitted in good faith.
2. If the official attorney determines that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by the official attorney or a deputy of the official attorney, the official attorney must employ special counsel pursuant to NRS 41.03435 or 41.0344, whichever is applicable.
(Added to NRS by 1979, 1733; A 1987, 541; 2013, 1495)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0341 - Time for filing responsive pleading.

If the complaint is filed in a court of this state:
1. The local judicial officer, state judicial officer, officer, employee, board or commission member, State Legislator or other person for whom the official attorney is required to provide a defense pursuant to NRS 41.0339; and
2. The state or any political subdivision named as a party defendant,
each has 45 days after their respective dates of service to file an answer or other responsive pleading.
(Added to NRS by 1979, 1733; A 2013, 1495)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.03415 - Determination by official attorney whether or not to tender defense.

1. The official attorney shall determine as promptly as possible whether or not to tender the defense of the person submitting the request. Until the decision is made, the official attorney shall take appropriate action to defend or otherwise protect the time of the person submitting the request to file a responsive pleading.
2. In any case in which the official attorney determines not to defend, the official attorney shall give written notice to the person who requested the defense either:
(a) Ten days before the date an answer or other responsive pleading must be filed with the court; or
(b) If the defense has been commenced, 20 days before the time an application is made with the court to withdraw as the attorney of record in accordance with NRS 41.0346.
(Added to NRS by 1979, 1733)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0342 - Arrangements and circumstances of defense not admissible in evidence.

No fact pertaining to the arrangements or circumstances by which the State or political subdivision or any attorney thereof defends any person or does not do so is admissible in evidence at trial or in any other proceeding in the civil action in which that person is a defendant, except in connection with an application to withdraw as the attorney of record.
(Added to NRS by 1979, 1734)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0343 - Waiver of attorney-client privilege may not be required.

The State or appropriate political subdivision may not require a waiver of the attorney-client privilege as a condition of tendering the defense of any of its officers or employees, but nothing in this section precludes an application to withdraw as the attorney of record.
(Added to NRS by 1979, 1734)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.03435 - Employment of special counsel by Attorney General.

The Attorney General may employ special counsel whose compensation must be fixed by the Attorney General, subject to the approval of the State Board of Examiners, if the Attorney General determines that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by the Attorney General or a deputy attorney general. Compensation for special counsel must be paid out of:
1. The Reserve for Statutory Contingency Account; or
2. Available federal grants or a permanent fund in the State Treasury other than the State General Fund.
(Added to NRS by 1979, 1734; A 1991, 1751; 2013, 1053; 2023, 1303)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0344 - Employment of special counsel by chief legal officer or attorney of political subdivision.

The chief legal officer or attorney of a political subdivision may employ special counsel whose compensation must be fixed by the governing body of the political subdivision if he or she determines at any time prior to trial that it is impracticable or could constitute a conflict of interest for the legal services to be rendered by the chief legal officer or attorney of the political subdivision. Compensation for special counsel must be paid by the political subdivision.
(Added to NRS by 1979, 1734)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0345 - Defense may be tendered to insurer authorized to defend action.

The official attorney may provide for the defense of any person who is entitled to a defense from the State or political subdivision by tendering the defense to an insurer who, pursuant to a contract of insurance, is authorized to defend the action.
(Added to NRS by 1979, 1734; A 1999, 782)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.03455 - Defendant may employ own counsel.

At any time after a written request for defense is submitted to the official attorney, the person requesting the defense may employ his or her own counsel to defend the action. At that time, the State or political subdivision is excused from any further duty to represent that person and is not liable for any expenses in defending the action, including court costs and attorney’s fees.
(Added to NRS by 1979, 1734)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0346 - Withdrawal of official attorney as attorney of record.

1. At any time after the official attorney has appeared in any civil action and commenced to defend any person sued as a local judicial officer, state judicial officer, public officer, employee, immune contractor, member of a board or commission, State Legislator or any other person defended by the official attorney pursuant to NRS 41.0339, the official attorney may apply to any court to withdraw as the attorney of record for that person based upon:
(a) Discovery of any new material fact which was not known at the time the defense was tendered and which would have altered the decision to tender the defense;
(b) Misrepresentation of any material fact by the person requesting the defense, if that fact would have altered the decision to tender the defense if the misrepresentation had not occurred;
(c) Discovery of any mistake of fact which was material to the decision to tender the defense and which would have altered the decision but for the mistake;
(d) Discovery of any fact which indicates that the act or omission on which the civil action is based was not within the course and scope of public duty or employment or was wanton or malicious;
(e) Failure of the defendant to cooperate in good faith with the defense of the case; or
(f) If the action has been brought in a court of competent jurisdiction of this state, failure to name the State or political subdivision as a party defendant, if there is sufficient evidence to establish that the civil action is clearly not based on any act or omission relating to the public duties or employment of a local judicial officer, state judicial officer, public officer, employee, immune contractor, member of a board or commission or State Legislator.
2. If any court grants a motion to withdraw on any of the grounds set forth in subsection 1 brought by the official attorney, the State or political subdivision has no duty to continue to defend any person who is the subject of the motion to withdraw.
(Added to NRS by 1979, 1734; A 1987, 541; 1999, 782; 2013, 1496)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0347 - Liability of State or political subdivision for failure to provide defense.

1. If the official attorney does not provide for the defense of a present or former local judicial officer, state judicial officer, officer, employee, immune contractor, member of a board or commission of the State or any political subdivision or State Legislator in any civil action in which the State or political subdivision is also a named defendant, or which was brought in a court other than a court of competent jurisdiction of this state, and if it is judicially determined that the injuries arose out of an act or omission of that person during the performance of any duty within the course and scope of the person’s public duty or employment and that the person’s act or omission was not wanton or malicious:
(a) If the Attorney General was responsible for providing the defense, the State is liable to that person for reasonable expenses in prosecuting the person’s own defense, including court costs and attorney’s fees. These expenses must be paid, upon approval by the State Board of Examiners, from the Reserve for Statutory Contingency Account.
(b) If the chief legal officer or attorney of a political subdivision was responsible for providing the defense, the political subdivision is liable to that person for reasonable expenses in carrying on the person’s own defense, including court costs and attorney’s fees.
2. If the official attorney does not provide for the defense of a person who is named a defendant in any civil action solely because of an alleged act or omission relating to the public duties or employment of a present or former local judicial officer, state judicial officer, officer or employee of the State or any political subdivision, immune contractor or State Legislator and the State or political subdivision is also named a defendant, or the civil action was brought in a court other than a court of competent jurisdiction of this State, and if it is judicially determined that the injuries arose out of an act or omission of a local judicial officer, state judicial officer, officer or employee of the State or any political subdivision, immune contractor or State Legislator during the performance of any duty within the course and scope of such a person’s public duty or employment and that the person’s act or omission was not wanton or malicious:
(a) If the Attorney General was responsible for providing the defense, the State is liable to the person for reasonable expenses in prosecuting the person’s own defense, including court costs and attorney’s fees. These expenses must be paid, upon approval by the State Board of Examiners, from the Reserve for Statutory Contingency Account.
(b) If the chief legal officer or attorney of a political subdivision was responsible for providing the defense, the political subdivision is liable to that person for reasonable expenses in carrying on the person’s own defense, including court costs and attorney’s fees.
(Added to NRS by 1979, 1735; A 1987, 542; 1991, 1751; 2013, 1496)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.03473 - Provisions providing for defense by official attorney do not abrogate, alter or affect immunity or protection provided by law.

The provisions of NRS 41.03375 to 41.03473, inclusive, do not abrogate or otherwise alter or affect any immunity from, or protection against, any civil action or civil liability which is provided by law to a local judicial officer, state judicial officer, officer or employee of this State or a political subdivision of this State, immune contractor, State Legislator, member of a state board or commission or member of a local board or commission for any act or omission relating to the person’s public duties or employment.
(Added to NRS by 2013, 1494)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.03475 - No judgment against State or political subdivision permitted for acts outside scope of public duties or employment; exception.

Except as otherwise provided in NRS 41.745, no judgment may be entered against the State of Nevada or any agency of the State or against any political subdivision of the State for any act or omission of any present or former officer, employee, immune contractor, member of a board or commission or State Legislator which was outside the course and scope of the person’s public duties or employment.
(Added to NRS by 1979, 1735; A 1987, 542; 1997, 1357)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0348 - Special verdict required.

In every action or proceeding in any court of this state in which both the State or political subdivision and any present or former officer, employee, immune contractor or member of a board or commission thereof or any present or former State Legislator are named defendants, the court or jury in rendering any final judgment, verdict, or other disposition shall return a special verdict in the form of written findings which determine whether:
1. The individual defendant was acting within the scope of the defendant’s public duty or employment; and
2. The alleged act or omission by the individual defendant was wanton or malicious.
(Added to NRS by 1979, 1735; A 1987, 542)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0349 - Indemnification of present or former public officer, employee, immune contractor or State Legislator.

In any civil action brought against any present or former officer, employee, immune contractor, member of a board or commission of the State or a political subdivision or State Legislator, in which a judgment is entered against the person based on any act or omission relating to the person’s public duty or employment, the State or political subdivision shall indemnify the person unless:
1. The person failed to submit a timely request for defense;
2. The person failed to cooperate in good faith in the defense of the action;
3. The act or omission of the person was not within the scope of the person’s public duty or employment; or
4. The act or omission of the person was wanton or malicious.
(Added to NRS by 1979, 1735; A 1987, 543)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.035 - Limitation on award for damages in tort actions.

1. An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator arising out of an act or omission within the scope of the person’s public duties or employment may not exceed the sum of $200,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.
2. The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:
(a) Any public or quasi-municipal corporation organized under the laws of this State.
(b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency.
(c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph do not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.
The Legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other water owned or controlled by any public or quasi-municipal agency or corporation of this State, wherever such land or water may be situated.
(Added to NRS by 1965, 1414; A 1968, 44; 1973, 1532; 1977, 985, 1539; 1979, 1736; 1987, 543; 1995, 1073; 2007, 3024, 3025; 2019, 3061)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.036 - Filing tort claim against State with Attorney General; filing tort claim against political subdivision with governing body; review and investigation by Attorney General of tort claim against State; regulations by State Board of Examiners.

1. Each person who has a claim against the State or any of its agencies arising out of a tort must file the claim within 2 years after the time the cause of action accrues with the Attorney General.
2. Each person who has a claim against any political subdivision of the State arising out of a tort must file the claim within 2 years after the time the cause of action accrues with the governing body of that political subdivision.
3. The filing of a claim in tort against the State or a political subdivision as required by subsections 1 and 2 is not a condition precedent to bringing an action pursuant to NRS 41.031.
4. The Attorney General shall, if authorized by regulations adopted by the State Board of Examiners pursuant to subsection 6, approve, settle or deny each claim that is:
(a) Filed pursuant to subsection 1; and
(b) Not required to be passed upon by the Legislature.
5. If the Attorney General is not authorized to approve, settle or deny a claim filed pursuant to subsection 1, the Attorney General shall investigate the claim and submit a report of findings to the State Board of Examiners concerning that claim.
6. The State Board of Examiners shall adopt regulations that specify:
(a) The type of claim that the Attorney General is required to approve, settle or deny pursuant to subsection 4; and
(b) The procedure to be used by the Attorney General to approve, settle or deny that claim.
(Added to NRS by 1965, 1414; A 1969, 1117; 1979, 629; 1981, 1885; 1983, 103; 1993, 1502; 1997, 280)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.037 - Administrative settlement of claims or actions.

1. Upon receiving a report of findings pursuant to subsection 5 of NRS 41.036, the State Board of Examiners may approve, settle or deny any claim or action against the State, any of its agencies or any of its present or former officers, employees, immune contractors or State Legislators.
2. Upon approval of a claim by the State Board of Examiners or the Attorney General pursuant to subsection 4 of NRS 41.036:
(a) The State Controller shall draw a warrant for the payment of the claim; and
(b) The State Treasurer shall pay the claim from:
(1) The Fund for Insurance Premiums; or
(2) The Reserve for Statutory Contingency Account.
3. The governing body of any political subdivision whose authority to allow and approve claims is not otherwise fixed by statute may:
(a) Approve, settle or deny any claim or action against that subdivision or any of its present or former officers or employees; and
(b) Pay the claim or settlement from any money appropriated or lawfully available for that purpose.
(Added to NRS by 1965, 1414; A 1973, 1532; 1977, 1539; 1979, 1736; 1985, 544; 1987, 544; 1989, 310; 1991, 1752; 1997, 281)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0375 - Agreement to settle: Prohibited contents; required contents; constitutes public record; void under certain circumstances.

1. Any agreement to settle a claim or action brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator:
(a) Must not provide that any or all of the terms of the agreement are confidential.
(b) Must include the amount of any attorney’s fees and costs to be paid pursuant to the agreement.
(c) Is a public record and must be open for inspection pursuant to NRS 239.010.
2. Any provision of an agreement to settle a claim or action brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator that conflicts with this section is void.
(Added to NRS by 2001, 826)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.038 - Insurance of officers, employees and immune contractors of State or local government against liability.

1. The State and any local government may:
(a) Insure itself against any liability arising under NRS 41.031.
(b) Insure any of its officers, employees or immune contractors against tort liability resulting from an act or omission in the scope of the person’s employment.
(c) Insure against the expense of defending a claim against itself or any of its officers, employees or immune contractors whether or not liability exists on such a claim.
2. Any school district may insure any peace officer, requested to attend any school function, against tort liability resulting from an act or omission in the scope of the peace officer’s employment while attending such a function.
3. As used in this section:
(a) "Insure" means to purchase a policy of insurance or establish a self-insurance reserve or fund, or any combination thereof.
(b) "Local government" means every political subdivision and every other governmental entity in this State.
(Added to NRS by 1965, 1414; A 1969, 272, 564; 1977, 388; 1987, 544)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0385 - Claims made against state agencies and local governments for tortious conduct: Annual filing of summary of claims with Secretary of State or clerk of local government; summaries of claims are public records.

1. On or before January 10 of each year, for the preceding calendar year, each agency represented by the Attorney General shall submit to the Attorney General a summary of all claims made against the agency for tortious conduct. On or before February 1 of each year, the Attorney General shall compile the summaries submitted pursuant to this subsection and file the compilation with the Secretary of State. The compilation is a public record open to inspection.
2. On or before February 1 of each year, for the preceding calendar year, the district attorney, city attorney or other attorney on behalf of each local government shall compile and file with the clerk of its governing body a summary of all claims made against that government for tortious conduct. The summary is a public record open to inspection.
3. The claims summarized pursuant to this section must be arranged by category of wrong alleged, such as battery, false arrest, negligent injury, wrongful death, and the like, and divided by status into:
(a) Claims paid;
(b) Judgments entered but unpaid; and
(c) Claims pending.
A total must be shown for each status in each category, and a total overall for each status and each category.
4. For each claim must be shown:
(a) The name of the claimant;
(b) The amount paid, reduced to judgment, or claimed, as the case may be, including fees and costs determined; and
(c) The type of wrong alleged.
5. A court order sealing the record of a proceeding does not prevent the disclosure of the information required by this section, or excuse the attorney for the state or local government from providing that information.
(Added to NRS by 1993, 1163)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.039 - Filing of valid claim against political subdivision condition precedent to commencement of action against immune contractor, employee or officer.

An action which is based on the conduct of any immune contractor, employee or appointed or elected officer of a political subdivision of the State of Nevada while in the course of the person’s employment or in the performance of the person’s official duties may not be filed against the immune contractor, employee or officer unless, before the filing of the complaint in such an action, a valid claim has been filed, pursuant to NRS 41.031 to 41.038, inclusive, against the political subdivision for which the immune contractor, employee or officer was authorized to act.
(Added to NRS by 1968, 27; A 1987, 96, 544)