Nev. Rev. Stat. § 13.040
Venue in other cases
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NRS 13.040 Venue in other cases. 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 State, or if residing in the State
the county in which they so reside be unknown to the plaintiff, the same may be
tried in any county which the plaintiff may designate in the complaint; and if
any defendant, or defendants, may be about to depart from the State, such
action may be tried in any county where either of the parties may reside or
service be had, subject, however, to the power of the court to change the place
of trial as provided in this chapter.
[1911 CPA § 72; RL § 5014; NCL § 8571]
Notes of Decisions
Cited in 20
cases, 1964–2016 · leading case: Roethlisberger v. McNulty
Roethlisberger v. McNulty (2011)
“: Appellant moved for a change of venue pursuant to NRS 13.040, based on residence, and NRS 13.”
Hill v. Summa Corporation (1974)
“2 Thereafter, since no named defendant lived in Clark County, appellant demanded a change of venue to Nye County, and filed a motion invoking NRS 13.040. 3 Later the same day, respondent filed a “First Amended Complaint,” substituting the name of a Clark County resident for a…”
Western Pacific Railroad v. Krom (1986)
“On February 13, 1985, Charles Dressi moved the court for a change of venue to Elko County pursuant to NRS 13.040 but the district court denied the motion as untimely.”
In Re Nevada State Engr. Ruling No. 5823 (2012)
“010; NRS 13.040; NRS 13.050; but see NRS 13.”
Churchill County v. State Engineer (2012)
“010; NRS 13.040; NRS 13.050; but see NRS 13.”
Byers v. Graton (1966)
“First, that as a resident of Douglas County he had a right to have the case tried there, NRS 13.040 2 ; second, as the tort occurred while Byers was acting as a public officer, in Douglas County, NRS 13.”
Washoe County v. Wildeveld (1987)
“Appellant Washoe County asserts that removal to Washoe County is mandatory because NRS 13.040 prescribes that an action shall be tried in the county in which any one defendant resides and because NRS 13.”
Halama v. Halama (1981)
“OPINION Per Curiam: In this action for divorce, appellant’s motion for change of venue, based upon NRS 13.040, 1 was denied by order of the district court on the grounds: (1) that the court had discretion to deny the motion; (2) that the court had previously entered a *629…”
Marshall Earth Resources, Inc. v. Parks (1983)
“NRS 13.040 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…”
Grey v. Grey (1995)
“Roxanne based her demand and motion for a change of venue on NRS 13.040, which states, in relevant part: “In all other cases [not governed by specific statute], the action shall be tried in the county in which the defendants .”
Flournoy v. McKinnon Ford Sales (1974)
“Insofar as the instant case is concerned the controlling statute is NRS 13.040 which in relevant part provides: “In all other cases the action shall be tried in the county in which the defendants, or any of them, may reside at the commencement of the action.”
Nevada Transit Co. v. Harris Brothers Lumber Co. (1964)
“There is no dispute regarding the fact that Washoe County, being the county of the residence of the defendant, is the proper county within which the action should be tried under NRS 13.040. *467 NRS 13.”
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