Nev. Rev. Stat. » NRS: CHAPTER 13 - PLACE OF TRIAL

Nev. Rev. Stat. § 13.010

Where actions are to be commenced

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NRS 13.010  Where actions are to be commenced.

      1.  When a person has contracted to perform an obligation at a particular place, and resides in another county, the action must be commenced, and, subject to the power of the court to change the place of trial as provided in this chapter, must be tried in the county in which such obligation is to be performed or in which the person resides; and the county in which the obligation is incurred shall be deemed to be the county in which it is to be performed, unless there is a special contract to the contrary.

      2.  Actions for the following causes shall be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial as provided in this chapter:

      (a) For the recovery of real property, or an estate, or interest therein, or for the determination in any form of such right or interest, and for injuries to real property.

      (b) For the partition of real property.

      (c) For the foreclosure of all liens and mortgages on real property. Where the real property is situated partly in one county and partly in another the plaintiff may select either of the counties, and the county so selected is the proper county for the trial of such action; but, in the case mentioned in this paragraph, if the plaintiff prays in the complaint for an injunction pending the action, or applies pending the action for an injunction, the proper county for the trial shall be the county in which the defendant resides or a majority of the defendants reside at the commencement of the action.

      [1911 CPA § 69; A 1935, 210; 1931 NCL § 8568]

     

Notes of Decisions
Cited in 10 cases, 1961–2012 · leading case: In Re Nevada State Engr. Ruling No. 5823
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In Re Nevada State Engr. Ruling No. 5823 (2012) nev · cites it 2× “We recognize that the general venue statutes refer to changing "the place of trial, " NRS 13.010; NRS 13.040; NRS 13.050; but see NRS 13.”
Churchill County v. State Engineer (2012) nev · cites it 2× “450(1) is “in the nature of an appeal.” However, this does not defeat their application in this context.”
Washoe County v. Wildeveld (1987) nev · cites it 4× “Wildeveld’s opposition to the demand contends that Clark County is a proper venue pursuant to NRS 13.010 (a contract action must be commenced in the county in which the obligation is to be performed or the county in which the defendant resides.”
Marshall Earth Resources, Inc. v. Parks (1983) nev · cites it 3× “040 specifies proper venue where a defendant’s county of residency is unknown: In all other cases, the action shall be tried in the county in which the defendants, or any one of them, may reside at the commencement of the action; or, if none of the defendants reside in the…”
Girola v. Roussille (1965) nev “NRS 13.010. To contend that the lower court should have treated the defendants’ motion for a summary judgment as a motion to dismiss for lack of jurisdiction over the subject matter, is absurd.”
State ex rel. Masto v. Montero (2008) nev “For the first time in her reply brief, the Attorney General cites to NRS 13.010 through 13.060 — which govern where actions may be commenced and other venue issues — in support of her claim that district judges do not enjoy statewide jurisdiction.”
Lyon County v. Washoe Medical Center, Inc. (1988) nev · cites it 2× “In WMC’s view, venue is proper in Washoe County pursuant to NRS 13.010(1) because WMC contracted with the deceased, Bessie C.”
Borden v. Silver State Equipment, Inc. (1984) nev · cites it 6× “In arguing that their motion for a change of venue should have been granted, appellants rely upon the language of NRS 13.010(1). This statute provides: When a person has contracted to perform an obligation at a particular place, and resides in another county, the action must be…”
Lamb v. Knox (1961) nev · cites it 2× “Subsection 2 of NRS 13.010 prescribes that actions for the determination in any form of a right or interest in real property shall be “tried” in the county where the real property is situated, “subject to the power of the court to change the place of trial as provided in this…”
Zeldin v. Agricultural District No. 4 (1972) nev “…that respondent’s action is predicated upon obligations appellants contracted to perform in Elko County. NRS 13.010(1). Affirmed.”
— Nev. Rev. Stat. § 13.010(1) — 5 cases
Washoe County v. Wildeveld (1987) nev “Wildeveld’s opposition to the demand contends that Clark County is a proper venue pursuant to NRS 13.010 (a contract action must be commenced in the county in which the obligation is to be performed or the county in which the defendant resides.”
Marshall Earth Resources, Inc. v. Parks (1983) nev “040 specifies proper venue where a defendant’s county of residency is unknown: In all other cases, the action shall be tried in the county in which the defendants, or any one of them, may reside at the commencement of the action; or, if none of the defendants reside in the…”
Lyon County v. Washoe Medical Center, Inc. (1988) nev “In WMC’s view, venue is proper in Washoe County pursuant to NRS 13.010(1) because WMC contracted with the deceased, Bessie C.”
Borden v. Silver State Equipment, Inc. (1984) nev “In arguing that their motion for a change of venue should have been granted, appellants rely upon the language of NRS 13.010(1). This statute provides: When a person has contracted to perform an obligation at a particular place, and resides in another county, the action must be…”
Zeldin v. Agricultural District No. 4 (1972) nev “…that respondent’s action is predicated upon obligations appellants contracted to perform in Elko County. NRS 13.010(1). Affirmed.”
— Nev. Rev. Stat. § 13.010(2) — 2 cases
In Re Nevada State Engr. Ruling No. 5823 (2012) nev “We recognize that the general venue statutes refer to changing "the place of trial, " NRS 13.010; NRS 13.040; NRS 13.050; but see NRS 13.”
Churchill County v. State Engineer (2012) nev “450(1) is “in the nature of an appeal.” However, this does not defeat their application in this context.”
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