NRS
17.285 Enforcement of right of contribution.
1. Whether or not judgment has been
entered in an action against two or more tortfeasors for the same injury or
wrongful death, contribution may be enforced by separate action.
2. Where a judgment has been entered in an
action against two or more tortfeasors for the same injury or wrongful death,
contribution may be enforced in that action by judgment in favor of one against
other judgment defendants by motion upon notice to all parties to the action.
3. If there is a judgment for the injury
or wrongful death against the tortfeasor seeking contribution, any separate
action by the tortfeasor to enforce contribution must be commenced within 1
year after the judgment has become final by lapse of time for appeal or after
appellate review.
4. If there is no judgment for the injury
or wrongful death against the tortfeasor seeking contribution, the tortfeasor’s
right of contribution is barred unless the tortfeasor has:
(a) Discharged by payment the common liability
within the statute of limitations period applicable to claimant’s right of
action against him or her and has commenced an action for contribution within 1
year after payment; or
(b) Agreed while action is pending against him or
her to discharge the common liability and has within 1 year after the agreement
paid the liability and commenced an action for contribution.
5. The judgment of the court in
determining the liability of the several defendants to the claimant for an
injury or wrongful death shall be binding as among such defendants in
determining their right to contribution.
(Added to NRS by 1973,
1304)
Notes of Decisions
Cited in
7
cases, 1992–2020 · leading case:
Pack v. Latourette, 277 P.3d 1246 (Nev. 2012).
Pack v. Latourette, 277 P.3d 1246 (Nev. 2012).
· cites it 4× “190(2)(c) and NRS 17.285, respectively. Id. at 95 , 225 P.”
Saylor v. Arcotta, 225 P.3d 1276 (Nev. 2010).
· cites it 5× “190(2)(c), while claims for contribution are subject to the limitations period prescribed by NRS 17.285. Because no judgment has been entered in the case at hand, and thus the applicable statutes of limitations have not yet begun to run, we reverse the district court’s summary…”
The Doctors Co. v. Vincent, 98 P.3d 681 (Nev. 2004).
· cites it 2× “245(l)(a) and NRS 17.285(4) reinforce this conclusion. NRS 17.”
Repub. Silver State Disposal, Inc. Vs. Cash, 2020 NV 88 (Nev. 2020).
· cites it 4× “" NRS 17.285(4)(b). A right of contribution is present where there is an injury for which two persons are jointly or severally liable, regardless of whether the tortious conduct may be characterized as successive.”
Mirch v. Frank, 295 F. Supp. 2d 1180 (D. Nev. 2003).
· cites it 2× “We do not comment on whether Mirch can later bring a separate action for contribution under Nevada Revised Statute Section 17.285.”
Bell & Gossett Co. v. Oak Grove Investors, 843 P.2d 351 (Nev. 1992).
· cites it 3× “In Nevada, enforcement of a tortfeasor’s right to contribution from other tortfeasors is governed by NRS 17.285, which (in relevant part) provides: 1.”
— Nev. Rev. Stat. § 17.285(1) — 1 case
Pack v. Latourette, 277 P.3d 1246 (Nev. 2012).
“190(2)(c) and NRS 17.285, respectively. Id. at 95 , 225 P.”
— Nev. Rev. Stat. § 17.285(2) — 2 cases
Saylor v. Arcotta, 225 P.3d 1276 (Nev. 2010).
“190(2)(c), while claims for contribution are subject to the limitations period prescribed by NRS 17.285. Because no judgment has been entered in the case at hand, and thus the applicable statutes of limitations have not yet begun to run, we reverse the district court’s summary…”
Bell & Gossett Co. v. Oak Grove Investors, 843 P.2d 351 (Nev. 1992).
“In Nevada, enforcement of a tortfeasor’s right to contribution from other tortfeasors is governed by NRS 17.285, which (in relevant part) provides: 1.”
— Nev. Rev. Stat. § 17.285(3) — 1 case
Saylor v. Arcotta, 225 P.3d 1276 (Nev. 2010).
“190(2)(c), while claims for contribution are subject to the limitations period prescribed by NRS 17.285. Because no judgment has been entered in the case at hand, and thus the applicable statutes of limitations have not yet begun to run, we reverse the district court’s summary…”
— Nev. Rev. Stat. § 17.285(4) — 1 case
— Nev. Rev. Stat. § 17.285(4)(a) — 1 case
— Nev. Rev. Stat. § 17.285(4)(b) — 1 case
Repub. Silver State Disposal, Inc. Vs. Cash, 2020 NV 88 (Nev. 2020).
“" NRS 17.285(4)(b). A right of contribution is present where there is an injury for which two persons are jointly or severally liable, regardless of whether the tortious conduct may be characterized as successive.”
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