NRS
0.020 Severability.
1. If any provision of the Nevada Revised
Statutes, or the application thereof to any person, thing or circumstance is
held invalid, such invalidity shall not affect the provisions or application of
NRS which can be given effect without the invalid provision or application, and
to this end the provisions of NRS are declared to be severable.
2. The inclusion of an express declaration
of severability in the enactment of any provision of NRS or the inclusion of
any such provision in NRS, does not enhance the severability of the provision
so treated or detract from the severability of any other provision of NRS.
(Added to NRS by 1977,
166)
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1979–2021 · leading case:
Rogers v. Heller, 18 P.3d 1034 (Nev. 2001).
Rogers v. Heller, 18 P.3d 1034 (Nev. 2001).
· cites it 6× “" [20] We have previously recognized the doctrine, [21] and, as our dissenting colleague notes, NRS 0.020 deals expressly with severability.”
Flamingo Paradise Gaming, LLC v. Chanos, 217 P.3d 546 (Nev. 2009).
· cites it 3× “Thus, respondents argue, the severance provision that applies to statutes under NRS 0.020 governs. [11] Respondents also rely on Nevadans for Property Rights' majority opinion, which allowed severance, even preballot.”
Bd. of Trs. of the Glazing Health & Welfare Trust v. Chambers, 168 F. Supp. 3d 1320 (D. Nev. 2016).
· cites it 4× “Notwithstanding the boilerplate severability provisions of NRS § 0.020, the Nevada Supreme Court has held in the absence of a severability clause in the statute itself, that the Legislature does not necessarily intend legislation to stand alone without the invalid parts.”
Glick v. McKay, 616 F. Supp. 322 (D. Nev. 1985).
· cites it 4× “Without that procedure, plaintiffs raise serious questions as to whether the requirement of parental notification to mature minors can stand alone.”
Desert Chrysler-Plymouth, Inc. v. Chrysler Corp., 600 P.2d 1189 (Nev. 1979).
· cites it 2× “Despite the wording of NRS 0.020, 6 which is the general severability clause, it is a function of this court to consider whether the remainder of the statute can stand independently and whether the Legislature would have intended it to do so.”
Leg. of the State of Nev. Vs. Settelmeyer, 2021 NV 21 (Nev. 2021).
· cites it 2× “3d 1034, 1039 (2001) (further internal quotation marks omitted))); see also NRS 0.020 (declaring Nevada laws to be severable).”
State Vs. Dist. Ct. (hearn (matthew)), 2018 NV 96 (Nev. 2018).
· cites it 4× “; see also NRS 0.020(1). The district court struck "unless the prosecuting attorney stipulates to the assignment" and found that the remainder of the statute accorded with the legislative intent behind NRS 176A.”
State Vs. Dist. Ct. (hearn (matthew)), 2018 NV 96 (Nev. 2018).
· cites it 2× “; see also NRS 0.020(1). The district court struck "unless the prosecuting attorney stipulates to the assignment" and found that the remainder of the statute accorded with the legislative intent behind NRS 176A.”
Sierra Pac. Power v. State, Dep't of Tax., 2014 NV 93 (Nev. 2014).
“This preference in favor of severability is set forth in NRS 0.020(1), which charges courts SUPREME COURT OF NEVADA 5 (0) I947A with preserving statutes to the extent they "can be given effect without the invalid provision or application.”
Nev. Rev. Stat. § 0.020(1): 6 cases
Rogers v. Heller, 18 P.3d 1034 (Nev. 2001).
“" [20] We have previously recognized the doctrine, [21] and, as our dissenting colleague notes, NRS 0.020 deals expressly with severability.”
Bd. of Trs. of the Glazing Health & Welfare Trust v. Chambers, 168 F. Supp. 3d 1320 (D. Nev. 2016).
“Notwithstanding the boilerplate severability provisions of NRS § 0.020, the Nevada Supreme Court has held in the absence of a severability clause in the statute itself, that the Legislature does not necessarily intend legislation to stand alone without the invalid parts.”
State Vs. Dist. Ct. (hearn (matthew)), 2018 NV 96 (Nev. 2018).
“; see also NRS 0.020(1). The district court struck "unless the prosecuting attorney stipulates to the assignment" and found that the remainder of the statute accorded with the legislative intent behind NRS 176A.”
State Vs. Dist. Ct. (hearn (matthew)), 2018 NV 96 (Nev. 2018).
“; see also NRS 0.020(1). The district court struck "unless the prosecuting attorney stipulates to the assignment" and found that the remainder of the statute accorded with the legislative intent behind NRS 176A.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.