Title 3

NRS 31.390 Judgment against garnishee for debt not due; execution deferred until debt due. When the judgment is rendered against any garnishee and it shall appear that the debt from the garnishee to the defendant is not yet due, execution shall not issue until the debt shall have…

NRS 31.400 Property in hands of garnishee subject to security interest to be delivered to sheriff on payment or tender by plaintiff. When any personal property, choses in action or effects of the defendant in the hands of a garnishee are subject to a security interest, or in any …

NRS 31.410 Property held by garnishee to secure performance to be delivered to sheriff upon performance or tender by plaintiff. If the personal property or effects are held for any purpose other than to secure the payment of money, and if the contract, condition or other thing to…

NRS 31.420 Disposal of property received by sheriff; reimbursement of plaintiff. All personal property, choses in action and effects received by the sheriff under either NRS 31.400 or 31.410 shall be disposed of in the same manner as if they had been delivered by the garnishee wi…

NRS 31.450 Issuance of writ of garnishment after judgment; procedure; liberal construction. Any person having a judgment remaining unsatisfied in any court of record in the State, upon which execution has been issued and delivered, and which remains in the hands of the proper off…

NRS 31.460 New trials and appeals. Motions for new trial may be made in the same time and manner and shall be allowed for the same grounds in garnishment proceedings as in other civil trials; and appeals may be taken and prosecuted from any final judgment or order in such proceed…

NRS 31.470 Arrest in civil cases. No person shall be arrested in a civil action except as prescribed by this chapter. [1911 CPA § 145; RL § 5087; NCL § 8643]

NRS 31.480 Cases in which defendant may be arrested. The defendant may be arrested, as hereinafter prescribed, in the following cases: 1. In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about …

NRS 31.490 Order for arrest. An order for the arrest of the defendant shall be obtained from a judge of the court in which the action is brought. [1911 CPA § 147; RL § 5089; NCL § 8645]

NRS 31.500 Order for arrest made when plaintiff’s affidavit shows a sufficient cause; requisites and filing of affidavit. The order may be made whenever it shall appear to the judge, by the affidavit of the plaintiff or some other person, that a sufficient cause of action exists,…

NRS 31.510 Undertaking from plaintiff. Before making the order the judge shall require a written undertaking, payable in lawful money of the United States, on the part of the plaintiff, with sureties, to the effect that if the defendant recover judgment, the plaintiff will pay al…

NRS 31.520 Order and arrest; return of order. The order may be made to accompany the summons, or any time afterwards before judgment. It shall require the sheriff of the county where the defendant may be found forthwith to arrest the defendant and hold the defendant to bail in a …

NRS 31.530 Delivery of affidavit and order to sheriff and defendant. The order of arrest, with a copy of the affidavit upon which it is made, shall be delivered to the sheriff, who, upon arresting the defendant, shall deliver to the defendant the copy of the affidavit, and also, …

NRS 31.540 Arrest of defendant. The sheriff shall execute the order by arresting the defendant and keeping the defendant in custody until discharged by law. [1911 CPA § 152; RL § 5094; NCL § 8650]

NRS 31.550 Defendant to be discharged on bail or deposit. The defendant, at any time before execution, shall be discharged from the arrest either upon giving bail or upon depositing the amount mentioned in the order of arrest in the money or currency therein named, as provided in…

NRS 31.560 Defendant may give bail. The defendant may give bail by causing a written undertaking, payable in the money of the contract (if any be named), and in other cases as directed by the judge, to be executed by two or more sufficient sureties, stating their places of reside…

NRS 31.570 Bail may surrender defendant. At any time before judgment, or within 10 days thereafter, the bail may surrender the defendant in their exoneration; or the defendant may surrender to the sheriff of the county where the defendant was arrested. [1911 CPA § 155; RL § 5097;…

NRS 31.580 Arrest, delivery and surrender of defendant by bail; exoneration of bail. For the purpose of surrendering the defendant, the bail at any time or place before they are finally charged may themselves arrest the defendant; or by a written authority, endorsed on a certifie…

NRS 31.590 Action against bail. If the bail neglect or refuse to pay the judgment within 10 days after they are finally charged, an action may be commenced against bail for the amount of the original judgment. [1911 CPA § 157; RL § 5099; NCL § 8655]

NRS 31.600 Bail exonerated by death, imprisonment or discharge of defendant. The bail shall also be exonerated by the death of the defendant, or by the defendant’s imprisonment in a state prison, or by the defendant’s legal discharge from the obligation to render himself or herse…

NRS 31.610 Return of order; plaintiff may except to bail. Within the time limited for that purpose, the sheriff shall file the order of arrest in the office of the clerk of the court in which the action is pending, with the sheriff’s return endorsed thereon, together with a copy …

NRS 31.620 Notice of justification of bail. Within 5 days after the receipt of notice, the sheriff or defendant may give to the plaintiff or the plaintiff’s attorney notice of the justification of the same, or other bail (specifying the places of residence and occupations of the …

NRS 31.630 Qualifications of bail. The qualifications of bail shall be as follows: 1. Each of them shall be a resident and householder, or freeholder, within the county. 2. Each shall be worth the amount specified in the order of arrest, or the amount to which the order is reduce…

NRS 31.640 Examination of bail. For the purpose of justification, each of the bail shall attend before the judge, or clerk, at the time and place mentioned in the notice, and may be examined on oath, on the part of the plaintiff, touching the bail’s sufficiency, in such manner as…

NRS 31.650 Allowance of bail exonerates sheriff. If the judge, or clerk, find the bail sufficient, the judge or clerk shall annex the examination to the undertaking, endorse the judge’s or clerk’s allowance thereon, and cause them to be filed, and the sheriff shall thereupon be e…

NRS 31.660 Deposit by defendant in lieu of bail. The defendant may, at the time of the defendant’s arrest, instead of giving bail, deposit with the sheriff the amount mentioned in the order. In case the amount of the bail be reduced, as provided in this chapter, the defendant may…

NRS 31.670 Sheriff must pay deposit into court. The sheriff shall, immediately after the deposit, pay the same into court, and take from the clerk receiving the same two certificates of such payment; the one of which the sheriff shall deliver or transmit to the plaintiff or the p…

NRS 31.680 Undertaking may be substituted for deposit. If the money be deposited, as provided in NRS 31.660 and 31.670, bail may be given and may justify upon notice at any time before judgment; and on the filing of the undertaking and justification with the clerk the money depos…

NRS 31.690 Disposition of deposit. Where money shall have been deposited, if it remain on deposit at the time of a recovery of a judgment in favor of the plaintiff, the clerk shall, under the direction of the court, apply the same in satisfaction thereof, and after satisfying the…

NRS 31.700 Liability of sheriff for escape or rescue. If, after being arrested, the defendant escape or be rescued, the sheriff shall be liable as bail; but the sheriff may discharge himself or herself from such liability by the giving and justification of bail at any time before…

NRS 31.710 Recovery on official bond of sheriff. If a judgment be recovered against the sheriff, upon the sheriff’s liability as bail, and an execution thereon be returned unsatisfied, in whole or in part, the same proceedings may be had on the sheriff’s official bond for the rec…

NRS 31.720 Defendant may move to vacate arrest or reduce bail; hearing. A defendant arrested may, at any time before the justification of bail, apply to the judge who made the order, or the court in which the action is pending, upon reasonable notice to the plaintiff, to vacate t…

NRS 31.730 Vacation of order of arrest and reduction of bail. If, upon such application, it shall satisfactorily appear that there was not sufficient cause for the arrest, the order shall be vacated, or if it satisfactorily appear that the bail was fixed too high, the amount shal…

NRS 31.740 Persons confined on execution issued on judgment may be discharged. Every person confined in jail on an execution issued on a judgment rendered in a civil action shall be discharged therefrom upon the conditions hereinafter specified. [1911 CPA § 172; RL § 5114; NCL § …

NRS 31.750 Notice of application for discharge. Such person shall cause a notice in writing to be given to the plaintiff, or the plaintiff’s agent or attorney, that at a certain time and place the person will apply to the district judge of the county in which such person may be c…

NRS 31.760 Service of notice of application. Such notice shall be served upon the plaintiff, or the plaintiff’s agent or attorney, 1 day at least before the hearing of the application. If the plaintiff be not a resident of the county, and have no agent or attorney in the county, …

NRS 31.770 Hearing on application. At the time and place specified in the notice, such person shall be taken before such judge, who shall examine the person under oath concerning the person’s estate and property and effects, and the disposal thereof, and the person’s ability to p…

NRS 31.780 Oath of defendant on discharge. If, upon examination, the judge be satisfied that the prisoner is entitled to discharge, the judge shall administer to the prisoner the following oath: “I,................, do solemnly swear, or affirm, that I have not any estate, real o…

NRS 31.790 Order of discharge. After administering the oath, the judge shall issue an order that the prisoner be discharged from custody, if the prisoner is imprisoned for no other cause; and the officer, upon service of such order, shall discharge the prisoner forthwith, if the …

NRS 31.800 Renewal of application for discharge. If such judge should not discharge the prisoner, the prisoner may apply for discharge at the end of every succeeding 10 days, in the same manner as above provided, and the same proceeding shall thereupon be had. [1911 CPA § 178; RL…

NRS 31.810 Effect of discharge; judgment remains in force. The prisoner, after being so discharged, shall be forever exempt from arrest and imprisonment for the same debt; but the judgment against the prisoner shall remain in full force against any estate, present or future, of t…

NRS 31.820 Plaintiff may order discharge of prisoner; effect of discharge. The plaintiff in the action may, at any time, order the prisoner to be discharged, and the prisoner shall not thereafter be liable to imprisonment for the same cause of action. [1911 CPA § 180; RL § 5122; …

NRS 31.830 Creditor to advance money to jailer for support of prisoner. Whenever a person is committed to jail on a judgment recovered in a civil action, the creditor, or the creditor’s agent or attorney, shall advance to the jailer immediately upon such commitment sufficient mon…

NRS 31.840 Delivery may be claimed before answer. Except as provided in NRS 179.1171, the plaintiff in an action to recover the possession of personal property may, at the time of issuing the summons, or at any time before answer, claim the delivery of such property to the plaint…

NRS 31.850 Requisites of affidavit by plaintiff. Where a delivery is claimed, an affidavit shall be made by the plaintiff, or by someone in the plaintiff’s behalf, and filed with the court showing: 1. That the plaintiff is the owner of the property claimed (particularly describin…

NRS 31.853 Order to show cause; contents; service. The court shall promptly examine the affidavit, and if it is satisfied that it meets the requirements of NRS 31.850, shall issue an order directed to the defendant to show cause why the property should not be taken from the defen…