Title 3

NRS 38.340 Duties of Division: Maintenance of list of mediators and arbitrators; establishment of explanatory document. For the purposes of NRS 38.300 to 38.360, inclusive, the Division shall establish and maintain: 1. A list of mediators and arbitrators who are available for med…

NRS 38.350 Statute of limitations tolled. Any statute of limitations applicable to a claim described in NRS 38.310 is tolled from the time the claim is submitted to mediation or arbitration or referred to a program pursuant to NRS 38.300 to 38.360, inclusive, until the conclusion…

NRS 38.360 Administration of provisions by Division; regulations; fees. 1. The Division shall administer the provisions of NRS 38.300 to 38.360, inclusive, and may adopt such regulations as are necessary to carry out those provisions. 2. All fees collected by the Division pursuan…

NRS 38.400 Short title. NRS 38.400 to 38.575, inclusive, may be cited as the Uniform Collaborative Law Act. (Added to NRS by 2011, 184)

NRS 38.405 Definitions. As used in NRS 38.400 to 38.575, inclusive, unless the context otherwise requires, the words and terms defined in NRS 38.410 to 38.480, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2011, 184)

NRS 38.410 “Collaborative law communication” defined. “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, that: 1. Is made to conduct, participate in, continue or reconvene a collaborative law process; and 2. Occurs after the …

NRS 38.415 “Collaborative law participation agreement” defined. “Collaborative law participation agreement” means an agreement by persons to participate in a collaborative law process. (Added to NRS by 2011, 184)

NRS 38.420 “Collaborative law process” defined. “Collaborative law process” means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons: 1. Sign a collaborative law participation agreement; and 2. Are represented by collaborati…

NRS 38.425 “Collaborative lawyer” defined. “Collaborative lawyer” means a lawyer who represents a party in a collaborative law process. (Added to NRS by 2011, 184)

NRS 38.430 “Collaborative matter” defined. “Collaborative matter” means a dispute, transaction, claim, problem or issue for resolution, including a dispute, claim or issue in a proceeding which is described in a collaborative law participation agreement. (Added to NRS by 2011, 18…

NRS 38.435 “Law firm” defined. “Law firm” means: 1. Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited-liability company or association; and 2. Lawyers employed in a legal services organization, the legal department of a cor…

NRS 38.440 “Nonparty participant” defined. “Nonparty participant” means a person, other than a party and the collaborative lawyer of a party, that participates in a collaborative law process. (Added to NRS by 2011, 184)

NRS 38.445 “Party” defined. “Party” means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. (Added to NRS by 2011, 184)

NRS 38.450 “Person” defined. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or …

NRS 38.455 “Proceeding” defined. “Proceeding” means: 1. A judicial, administrative, arbitral or other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences and discovery; or 2. A legislative hearing or similar process. (Added to…

NRS 38.460 “Prospective party” defined. “Prospective party” means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement. (Added to NRS by 2011, 185)

NRS 38.465 “Record” defined. “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form. (Added to NRS by 2011, 185)

NRS 38.470 “Related to a collaborative matter” defined. “Related to a collaborative matter” means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim or issue as the collaborative matter. (Added to NRS by 2011, 185)

NRS 38.475 “Sign” defined. “Sign” means, with present intent to authenticate or adopt a record: 1. To execute or adopt a tangible symbol; or 2. To attach to or logically associate with the record an electronic symbol, sound or process. (Added to NRS by 2011, 185)

NRS 38.480 “Tribunal” defined. “Tribunal” means: 1. A court, arbitrator, administrative agency or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party’s interests in a matter…

NRS 38.485 Requirements for collaborative law participation agreement; additional provisions authorized. 1. A collaborative law participation agreement must: (a) Be in a record; (b) Be signed by the parties; (c) State the intention of the parties to resolve a collaborative matter…

NRS 38.490 Collaborative law process: Commencement; participation; conclusion; termination; withdrawal of collaborative attorney; continuation after discharge or withdrawal of collaborative lawyer. 1. A collaborative law process begins when the parties sign a collaborative law pa…

NRS 38.495 Participation agreement by persons in proceeding pending before tribunal; notice of conclusion; status report; effect of participation on proceeding. 1. The persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek t…

NRS 38.500 Emergency order. During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare or interest of a party or a member of the family or the household of a party. (Added to NRS by 2011, 187)

NRS 38.505 Approval of agreement by tribunal. A tribunal may approve an agreement resulting from a collaborative law process. (Added to NRS by 2011, 187)

NRS 38.510 Disqualification of collaborative lawyer and lawyers in associated law firm in certain related proceedings. 1. Except as otherwise provided in subsection 3, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding rel…

NRS 38.515 Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to low-income parties. 1. The disqualification of a collaborative lawyer under subsection 1 of NRS 38.510 applies to a collaborative lawyer representing a party with…

NRS 38.520 Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to party that is governmental entity. 1. The disqualification of a collaborative lawyer under subsection 1 of NRS 38.510 applies to a collaborative lawyer representi…

NRS 38.525 Disclosure of information during process. Except as otherwise provided by specific statute, during the collaborative law process, on the request of another party, a party shall make timely, full, candid and informal disclosure of information related to the collaborativ…

NRS 38.530 Obligations and standards of professional responsibility and mandatory reporting not affected. The provisions of NRS 38.400 to 38.575, inclusive, do not affect: 1. The professional responsibility obligations and standards applicable to a lawyer or other licensed profes…

NRS 38.535 Required assessment and disclosures regarding process by prospective collaborative lawyer. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall: 1. Assess with the prospective party factors that the lawy…

NRS 38.540 Prospective collaborative lawyer to make certain inquiries and assessments concerning relationship of parties. 1. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer must make reasonable inquiry into whether …

NRS 38.545 Confidentiality of collaborative law communication. A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by specific statute. (Added to NRS by 2011, 189)

NRS 38.550 Privilege against disclosure of collaborative law communication; admissibility; discovery. 1. Except as otherwise provided in NRS 38.555 and 38.560, a collaborative law communication is privileged under subsection 2, is not subject to discovery and is not admissible in…

NRS 38.555 Waiver and preclusion of privilege. 1. A privilege under NRS 38.550 may be waived in a record or orally during a proceeding if it is expressly waived by all parties, and in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty…

NRS 38.560 Limits of privilege. 1. There is no privilege under NRS 38.550 for a collaborative law communication that is: (a) Available to the public under chapter 239 of NRS or made during a session of a collaborative law process that is open, or is required by law to be open, to…

NRS 38.565 Authority of tribunal in case of noncompliance. 1. If a collaborative law participation agreement fails to meet the requirements of NRS 38.485, or if a prospective collaborative lawyer fails to comply with NRS 38.535 or 38.540, a tribunal may nonetheless find that the …

NRS 38.570 Applying and construing Uniform Act to promote uniformity. In applying and construing the Uniform Collaborative Law Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added to NR…

NRS 38.575 Relation to Electronic Signatures in Global and National Commerce Act. NRS 38.400 to 38.575, inclusive, modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede S…

NRS 39.010 Actions for partition of real property; partial partition. When several persons hold and are in possession of real property as joint tenants or as tenants in common, in which one or more of them have an estate of inheritance, or for life or lives, or for years, an acti…

NRS 39.020 Interests of all parties must be set forth in complaint. The interests of all persons in the property, whether such persons be known or unknown, shall be set forth in the complaint specifically and particularly, as far as known to the plaintiff; and if one or more of t…

NRS 39.030 Lienholders not of record need be made parties. Persons who have or claim any liens upon the property by mortgage, judgment or otherwise, need be made parties to the action, unless such liens be matters of record. [1911 CPA § 587; RL § 5529; NCL § 9076]

NRS 39.040 Plaintiff must record notice of pending litigation immediately after complaint is filed. Immediately after filing the complaint, the plaintiff shall record with the recorder of the county in which the property is situated, a notice of the pendency of the action, contai…

NRS 39.050 Summons must be directed to all parties interested in property. The summons shall be directed to all the joint tenants and tenants in common, and all persons having any interest in, or any liens of record by mortgage, judgment or otherwise upon the property, or upon an…

NRS 39.060 Unknown and absent parties may be served by publication of summons; appointment of counsel to represent their interests. 1. If a party having a share or interest is unknown or any one of the known parties reside out of the State or cannot be found, and this fact is mad…

NRS 39.070 Contents of answers. The defendants who have been personally served with the summons and a copy of the complaint shall set forth in their answers, fully and particularly, the nature and extent of their interest in the property, and if such defendants claim a lien upon …