Nevada Revised Statutes

Nev. Rev. Stat. § 11.340 (2026)

Reversal of judgment; new action to be brought within 1 year

✓ current as of July 2026

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NRS 11.340 Reversal of judgment; new action to be brought within 1 year. If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if the plaintiff dies and the cause of action survives, the plaintiff’s heirs or representatives, may commence a new action within 1 year after the reversal.

[1911 CPA § 38; RL § 4980; NCL § 8537]

Notes of Decisions

Cited in 2 cases, 2010–2014 · leading case: Berkson v. LePome, 245 P.3d 560 (Nev. 2010).

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Berkson v. LePome, 245 P.3d 560 (Nev. 2010). · cites it 138× “: For the first time, we consider NRS 11.340, a statute enacted by the Legislature in 1911 [2] that provides a plaintiff whose judgment is subsequently reversed on appeal with the right to file a new action within one year after the reversal.”

Davis v. Parks (Nev. 2014). “3d at 566 (concluding that NRS 11.340 was unconstitutional because it acts to "prolong previously resolved cases, resulting in unnecessary expenses for adverse parties and the diversion of time and scarce judicial resources away from undecided cases").”

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