Title 3

NRS 35.050 Action for usurpation by claimant in name of State; bond. A person claiming to be entitled to a public office, except the office of Assemblyman, Assemblywoman or State Senator, unlawfully held and exercised by another may, by himself or herself or by an attorney and co…

NRS 35.060 Name of person entitled to office set forth in complaint; judgment may determine rights of both incumbent and claimant. When the action is against a person for usurping, intruding into or unlawfully holding or exercising an office, the complaint shall set forth the nam…

NRS 35.070 All claimants to same office made defendants. All persons who claim to be entitled to the same office or franchise may be made defendants in the same action to try their respective rights to such office or franchise. [1911 CPA § 720; RL § 5662; NCL § 9209]

NRS 35.080 Jurisdiction in appellate or district court. An action under this chapter can be brought in the Supreme Court, the Court of Appeals or the district court of the proper county. [1911 CPA § 721; RL § 5663; NCL § 9210]—(NRS A 2013, 1743)

NRS 35.090 Application to file complaint; notice to defendant; hearing. Upon application for leave to file a complaint, the court or judge may, in its discretion, direct notice thereof to be given to the defendant previous to granting such leave, and may hear the defendant in opp…

NRS 35.100 Issuance of summons; when unnecessary. When the complaint is filed without leave and notice, or upon leave and notice in case all the defendants do not appear, a summons shall issue and be served as in other cases. When all the defendants appear to oppose the filing of…

NRS 35.110 Pleadings. The pleadings shall be as in other cases. [1911 CPA § 724; RL § 5666; NCL § 9213]

NRS 35.120 Judgment of ouster; relator to recover costs; delivery of books by defendant; violation by corporation. 1. When a defendant is found guilty of usurping, intruding into or unlawfully holding or exercising an office, franchise or privilege, judgment shall be rendered tha…

NRS 35.130 Judgment ousting director of corporation. When the action is against a director of a corporation and the court finds that at the director’s election, either illegal votes were received or legal votes were rejected, or both, sufficient to change the result, judgment may…

NRS 35.140 Action for damages within 1 year. Such person may, at any time within 1 year after the date of such judgment, bring an action against the person ousted and recover the damages the person sustained by reason of such usurpation. [1911 CPA § 727; RL § 5669; NCL § 9216]

NRS 35.150 Judgment against corporation; dissolution or restraint. When, in any such action, it is found and adjudged that a corporation has, by an act done or omitted, surrendered or forfeited its corporate rights, privileges or franchises, or has not used the same during a term…

NRS 35.160 Court shall appoint trustee for dissolved corporation; trustee’s compensation. If a corporation is ousted and dissolved by the proceedings herein authorized, the court shall appoint some disinterested person as trustee of the creditors and stockholders. The trustee sha…

NRS 35.170 Bond of trustee. The trustee shall enter into bond in such a penalty and with such security as the court approves, conditioned for the faithful discharge of the trustee’s duties. [1911 CPA § 730; RL § 5672; NCL § 9219]

NRS 35.180 Suit on trustee’s bond. Suit may be brought on the bond of the trustee by any person injured by the negligence or wrongful act of the trustee in the discharge of the trustee’s duties. [1911 CPA § 731; RL § 5673; NCL § 9220]

NRS 35.190 Trustee to collect debts and divide surplus. The trustee shall proceed immediately to collect the debts and pay the liabilities of the corporation, and to divide the surplus among those thereto entitled. [1911 CPA § 732; RL § 5674; NCL § 9221]

NRS 35.200 Court shall order books and effects delivered to trustee. The court shall, upon an application for that purpose, order an officer of such corporation, or any other person having possession of any of the effects, books or papers of the corporation, in anywise necessary …

NRS 35.210 Trustee to file sworn inventory with clerk. As soon as practicable after the trustee’s appointment, the trustee shall make and file, in the office of the clerk of the court, an inventory of all the effects, rights and credits which come to the trustee’s possession or k…

NRS 35.220 Responsibilities of trustee. The trustee shall sue for and recover the debts and property of the corporation, and shall be responsible to the creditors and stockholders, respectively, to the extent of the effects which come into the trustee’s hands, in the same manner …

NRS 35.230 Liability of corporation directors when judgment of ouster rendered. When judgment of ouster is rendered against a corporation on account of the misconduct of the directors or officers thereof, such officers shall be jointly and severally liable to an action by anyone …

NRS 35.240 Penalty for refusal to obey order of court. Any person who, without good reason, refuses to obey an order of the court, as provided in this chapter, shall be deemed guilty of a contempt of court, and shall be fined in any sum not exceeding $5,000, and imprisoned in the…

NRS 35.250 Actions in quo warranto take precedence. Actions under this chapter in any court shall have precedence of any civil business pending therein; and the court, if the matter is of public concern, shall, on motion of the Attorney General, or of the attorney of the party, r…

NRS 35.260 Procedure in appellate court same as in district court; determination of issue of fact to be tried by jury in district court. Actions under this chapter commenced in the Court of Appeals or the Supreme Court shall be conducted in the same manner as if commenced in the …

NRS 35.270 Appeal does not stay judgment of ouster. If the action is commenced in the district court, an appeal may be taken from the final judgment by either party to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Secti…