NRS
11.258 Attorney required to consult expert; required affidavit of
attorney; required report of expert.
1. Except as otherwise provided in
subsection 2, in an action involving nonresidential construction, the attorney
for the complainant shall file an affidavit with the court concurrently with
the service of the first pleading in the action stating that the attorney:
(a) Has reviewed the facts of the case;
(b) Has consulted with an expert;
(c) Reasonably believes the expert who was
consulted is knowledgeable in the relevant discipline involved in the action;
and
(d) Has concluded on the basis of the review and
the consultation with the expert that the action has a reasonable basis in law
and fact.
2. The attorney for the complainant may
file the affidavit required pursuant to subsection 1 at a later time if the
attorney could not consult with an expert and prepare the affidavit before
filing the action without causing the action to be impaired or barred by the
statute of limitations or repose, or other limitations prescribed by law. If
the attorney must submit the affidavit late, the attorney shall file an
affidavit concurrently with the service of the first pleading in the action
stating the reason for failing to comply with subsection 1 and the attorney
shall consult with an expert and file the affidavit required pursuant to
subsection 1 not later than 45 days after filing the action.
3. In addition to the statement included
in the affidavit pursuant to subsection 1, a report must be attached to the
affidavit. Except as otherwise provided in subsection 4, the report must be
prepared by the expert consulted by the attorney and must include, without
limitation:
(a) The resume of the expert;
(b) A statement that the expert is experienced in
each discipline which is the subject of the report;
(c) A copy of each nonprivileged document
reviewed by the expert in preparing the report, including, without limitation, each
record, report and related document that the expert has determined is relevant
to the allegations of negligent conduct that are the basis for the action;
(d) The conclusions of the expert and the basis
for the conclusions; and
(e) A statement that the expert has concluded
that there is a reasonable basis for filing the action.
4. In an action in which an affidavit is
required to be filed pursuant to subsection 1:
(a) The report required pursuant to subsection 3
is not required to include the information set forth in paragraphs (c) and (d)
of subsection 3 if the complainant or the complainant’s attorney files an
affidavit, at the time that the affidavit is filed pursuant to subsection 1,
stating that he or she made reasonable efforts to obtain the nonprivileged
documents described in paragraph (c) of subsection 3, but was unable to obtain
such documents before filing the action;
(b) The complainant or the complainant’s attorney
shall amend the report required pursuant to subsection 3 to include any documents
and information required pursuant to paragraph (c) or (d) of subsection 3 as
soon as reasonably practicable after receiving the document or information; and
(c) The court may dismiss the action if the
complainant and the complainant’s attorney fail to comply with the requirements
of paragraph (b).
5. An expert consulted by an attorney to
prepare an affidavit pursuant to this section must not be a party to the
action.
6. As used in this section, “expert” means
a person who is licensed in a state to engage in the practice of professional
engineering, land surveying, architecture or landscape architecture.
(Added to NRS by 2007,
647)
Notes of Decisions
Reif Vs. Aries Consultants, Inc., 2019 NV 50 (Nev. 2019).
· cites it 34× “: For actions involving nonresidential construction malpractice, NRS 11.258 requires the plaintiffs attorney to file an affidavit and an expert report "concurrently with the service of the first pleading.”
Otak Nevada, LLC v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 260 P.3d 408 (Nev. 2011).
· cites it 9× “071’s expert affidavit requirement in medical malpractice actions) to apply to a defective pleading served in violation of NRS 11.258. Such a pleading is void ab initio and of no legal effect and, thus, cannot be cured by amendment.”
Bagelmania Holdings, LLC v. Rdh Interests, Inc. c/w 87901, 141 Nev. Adv. Op. No. 62 (Nev. 2025).
· cites it 62× “: OPINION In this appeal, we consider whether NRS 11.258’s affidavit-of- merit and expert-report requirements for nonresidential construction defect cases are satisfied when coplaintiffs represented by the same attorney file a single, joint complaint alleging identical defects…”
State, Dep't of Transp. Vs. Dist. Ct. (jorgenson & Koka, Llp), 2016 NV 10 (Nev. 2016).
· cites it 20× “: In this original writ proceeding, we are asked to consider whether a complaint alleging professional negligence in an action filed against petitioner State of Nevada Department of Transportation (NDOT) must be accompanied by an attorney affidavit and an expert report pursuant…”
In re CityCenter Constr. & Lien Litig (Nev. 2013).
· cites it 18× “An "[a]ction involving nonresidential construction" concerns the construction (and related activities) of a nonresidential building and is against a "design professional.”
State, Dep't of Transp. Vs. Dist. Ct. (jorgenson & Koka, Llp), 2016 NV 10 (Nev. 2016).
· cites it 10× “: In this original writ proceeding, we are asked to consider whether a complaint alleging professional negligence in an action filed against petitioner State of Nevada Department of Transportation (NDOT) must be accompanied by an attorney affidavit and an expert report pursuant…”
Kreiser v. VS2R Eng'g, Inc. (D. Nev. 2020).
· cites it 5× “2013) (“the 5 district court must dismiss [parties’] amended pleadings that pertain to [another party] 6 because their initial pleadings against [that party] were void ab initio and of no legal effect 7 for the lack of the attorney affidavit and expert report required by NRS…”
Wells Fargo Bank, N.A. v. Cfa, Inc. (Nev. 2019).
· cites it 3× “Thus, appellant asserts that the district court erred by dismissing its complaint for failing to comply with NRS 11.258's pre- litigation filing requirements, as those requirements apply only in actions involving nonresidential property against design professionals.”
Wells Fargo Bank, N.A. v. Cfa, Inc. (Nev. 2019).
· cites it 3× “Thus, appellant asserts that the district court erred by dismissing its complaint for failing to comply with NRS 11.258's pre- litigation filing requirements, as those requirements apply only in actions involving nonresidential property against design professionals.”
Kosor, Jr. v. S. Highlands Cmty. Ass'n, 141 Nev. Adv. Op. No. 34 (Nev. 2025).
· cites it 3× “071 and NRS 11.258 and the provision NRS 233B.130 and other like statutes make for judicial review of agency an immediate threat of irreparable harm.”
— Nev. Rev. Stat. § 11.258(1) — 9 cases
Reif Vs. Aries Consultants, Inc., 2019 NV 50 (Nev. 2019).
“: For actions involving nonresidential construction malpractice, NRS 11.258 requires the plaintiffs attorney to file an affidavit and an expert report "concurrently with the service of the first pleading.”
Bagelmania Holdings, LLC v. Rdh Interests, Inc. c/w 87901, 141 Nev. Adv. Op. No. 62 (Nev. 2025).
“: OPINION In this appeal, we consider whether NRS 11.258’s affidavit-of- merit and expert-report requirements for nonresidential construction defect cases are satisfied when coplaintiffs represented by the same attorney file a single, joint complaint alleging identical defects…”
State, Dep't of Transp. Vs. Dist. Ct. (jorgenson & Koka, Llp), 2016 NV 10 (Nev. 2016).
“: In this original writ proceeding, we are asked to consider whether a complaint alleging professional negligence in an action filed against petitioner State of Nevada Department of Transportation (NDOT) must be accompanied by an attorney affidavit and an expert report pursuant…”
— Nev. Rev. Stat. § 11.258(1)(a) — 1 case
Bagelmania Holdings, LLC v. Rdh Interests, Inc. c/w 87901, 141 Nev. Adv. Op. No. 62 (Nev. 2025).
“: OPINION In this appeal, we consider whether NRS 11.258’s affidavit-of- merit and expert-report requirements for nonresidential construction defect cases are satisfied when coplaintiffs represented by the same attorney file a single, joint complaint alleging identical defects…”
— Nev. Rev. Stat. § 11.258(1)(b) — 1 case
Bagelmania Holdings, LLC v. Rdh Interests, Inc. c/w 87901, 141 Nev. Adv. Op. No. 62 (Nev. 2025).
“: OPINION In this appeal, we consider whether NRS 11.258’s affidavit-of- merit and expert-report requirements for nonresidential construction defect cases are satisfied when coplaintiffs represented by the same attorney file a single, joint complaint alleging identical defects…”
— Nev. Rev. Stat. § 11.258(2) — 2 cases
In re CityCenter Constr. & Lien Litig (Nev. 2013).
“An "[a]ction involving nonresidential construction" concerns the construction (and related activities) of a nonresidential building and is against a "design professional.”
— Nev. Rev. Stat. § 11.258(3) — 5 cases
Bagelmania Holdings, LLC v. Rdh Interests, Inc. c/w 87901, 141 Nev. Adv. Op. No. 62 (Nev. 2025).
“: OPINION In this appeal, we consider whether NRS 11.258’s affidavit-of- merit and expert-report requirements for nonresidential construction defect cases are satisfied when coplaintiffs represented by the same attorney file a single, joint complaint alleging identical defects…”
State, Dep't of Transp. Vs. Dist. Ct. (jorgenson & Koka, Llp), 2016 NV 10 (Nev. 2016).
“: In this original writ proceeding, we are asked to consider whether a complaint alleging professional negligence in an action filed against petitioner State of Nevada Department of Transportation (NDOT) must be accompanied by an attorney affidavit and an expert report pursuant…”
State, Dep't of Transp. Vs. Dist. Ct. (jorgenson & Koka, Llp), 2016 NV 10 (Nev. 2016).
“: In this original writ proceeding, we are asked to consider whether a complaint alleging professional negligence in an action filed against petitioner State of Nevada Department of Transportation (NDOT) must be accompanied by an attorney affidavit and an expert report pursuant…”
In re CityCenter Constr. & Lien Litig (Nev. 2013).
“An "[a]ction involving nonresidential construction" concerns the construction (and related activities) of a nonresidential building and is against a "design professional.”
— Nev. Rev. Stat. § 11.258(3)(e) — 1 case
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