NRS
18.130 When plaintiff may be required to secure costs; affidavits of
sureties; dismissal of action if undertaking not filed.
1. When a plaintiff in an action resides
out of the State, or is a foreign corporation, security for the costs and
charges which may be awarded against such plaintiff may be required by the
defendant, by the filing and service on plaintiff of a written demand therefor
within the time limited for answering the complaint. When so required, all
proceedings in the action shall be stayed until an undertaking, executed by two
or more persons, be filed with the clerk, to the effect that they will pay such
costs and charges as may be awarded against the plaintiff by judgment, or in
the progress of the action, not exceeding the sum of $500; or in lieu of such
undertaking, the plaintiff may deposit $500, lawful money, with the clerk of
the court, subject to the same conditions as required for the undertaking. The
plaintiff, upon filing the undertaking or depositing the security, shall notify
the defendant of such filing or deposit, and the defendant, after receipt of
such notice, shall have 10 days or the period allowed under N.R.C.P. 12(a), whichever is
longer, in which to answer or otherwise plead to the complaint.
2. A new or an additional undertaking may
be ordered by the court or judge upon proof that the original undertaking is
insufficient security, and proceedings in the action stayed until such new or
additional undertaking be executed and filed.
3. Each of the sureties on the undertaking
mentioned in subsection 1 shall annex to the same an affidavit that the surety
is a resident and householder, or freeholder, within the county and is worth
double the amount specified in the undertaking, over and above all the surety’s
just debts and liabilities, exclusive of property exempt from execution.
4. After the lapse of 30 days from the
service of notice that security is required, or of an order for new or
additional security, upon proof thereof, and that no undertaking as required
has been filed, the court or judge may order the action to be dismissed.
[1911 CPA § 447; A 1939,
20; 1931 NCL § 8936] + [1911 CPA § 448; RL § 5390; NCL § 8937] + [1911 CPA
§ 449; RL § 5391; NCL § 8938]—(NRS A 1969,
632; 1971,
243)
Notes of Decisions
Truck Ins. Exch. v. Tetzlaff, 683 F. Supp. 223 (D. Nev. 1988).
· cites it 38× “The points and authorities in support of defendants’ demand assert that NRS § 18.130 applies to the present case, and requires each plaintiff to provide security in the amount of $1000 (500 for each defendant).”
Jordan v. State Ex Rel. Dep't of Motor Vehs. & Pub. Saf., 110 P.3d 30 (Nev. 2005).
· cites it 7× “Doumani and the La Concha Motel then served Luckett with a demand for security for costs under NRS 18.130, which requires an out-of-state plaintiff to post security for any future adverse award of costs and charges.”
Wells Fargo Bank, N.A. v. SFR Investments Pool 1, LLC, 257 F. Supp. 3d 1110 (D. Nev. 2017).
· cites it 6× “” Nev. Rev. Stat. § 18.130 (1). While such security is not required under the Federal Rules of Civil Procedure, “[i]t has been the policy of the United States District Court for the District of Nevada to enforce the requirements of NRS § 18.”
Arrambide v. St. Mary's Hosp., Inc., 647 F. Supp. 1148 (D. Nev. 1986).
· cites it 6× “In Hamar this Court said that: It has been the policy of the United States District Court for the District of Nevada to enforce the requirements of NRS § 18.130 in diversity actions. Hamar, 98 F.”
Hamar v. Hyatt Corp., 98 F.R.D. 305 (D. Nev. 1983).
· cites it 3× “However, a demand pursuant to NRS 18.130 is here involved, rather than a motion.”
Borders Elec. Co., Inc. v. Quirk, 626 P.2d 266 (Nev. 1981).
· cites it 4× “On November 9, 1979, respondent served *206 notice upon each nonresident appellant that surety for costs would be required pursuant to NRS 18.130. 1 On December 18, 1979, 39 days after service upon appellants, respondent moved to dismiss the compláint for failure to file the…”
Clement v. Durban, 32 N.Y.3d 337 (NY 2018).
“060; Ark Code Ann § 16-68-301; Cal Civ Proc Code § 1030; Colo Rev Stat Ann § 13-16-101 [2]; 735 Ill Comp Stat 5/5-101; Iowa Code Ann § 621.”
Brion v. Union Plaza Corp., 763 P.2d 64 (Nev. 1988).
· cites it 2× “NRS 18.130. Appellants did not post the required bond until April 15, 1987, 68 days after the demand was made.”
State ex rel. Hersh v. First Jud. Dist. Court, 464 P.2d 783 (Nev. 1970).
· cites it 2× “Before the hearing in district court, counsel for the corporation requested that the plaintiff post a nonresident bond pursuant to NRS 18.130(1). Cash in the statutory sum of $300 was posted by the plaintiff, Irma Joyce Dwight.”
Biscay Vs. Mgm Resorts Int'l., 2015 NV 46 (Nev. 2015).
· cites it 20× “On September 26, 2012, MGM filed a demand for security of costs pursuant to NRS 18.130. Over six months later, Biscay filed a notice stating that she had filed the required security with the court clerk.”
— Nev. Rev. Stat. § 18.130(1) — 25 cases
Jordan v. State Ex Rel. Dep't of Motor Vehs. & Pub. Saf., 110 P.3d 30 (Nev. 2005).
“Doumani and the La Concha Motel then served Luckett with a demand for security for costs under NRS 18.130, which requires an out-of-state plaintiff to post security for any future adverse award of costs and charges.”
Borders Elec. Co., Inc. v. Quirk, 626 P.2d 266 (Nev. 1981).
“On November 9, 1979, respondent served *206 notice upon each nonresident appellant that surety for costs would be required pursuant to NRS 18.130. 1 On December 18, 1979, 39 days after service upon appellants, respondent moved to dismiss the compláint for failure to file the…”
Wells Fargo Bank, N.A. v. SFR Investments Pool 1, LLC, 257 F. Supp. 3d 1110 (D. Nev. 2017).
“” Nev. Rev. Stat. § 18.130 (1). While such security is not required under the Federal Rules of Civil Procedure, “[i]t has been the policy of the United States District Court for the District of Nevada to enforce the requirements of NRS § 18.”
State ex rel. Hersh v. First Jud. Dist. Court, 464 P.2d 783 (Nev. 1970).
“Before the hearing in district court, counsel for the corporation requested that the plaintiff post a nonresident bond pursuant to NRS 18.130(1). Cash in the statutory sum of $300 was posted by the plaintiff, Irma Joyce Dwight.”
— Nev. Rev. Stat. § 18.130(2) — 2 cases
Jordan v. State Ex Rel. Dep't of Motor Vehs. & Pub. Saf., 110 P.3d 30 (Nev. 2005).
“Doumani and the La Concha Motel then served Luckett with a demand for security for costs under NRS 18.130, which requires an out-of-state plaintiff to post security for any future adverse award of costs and charges.”
— Nev. Rev. Stat. § 18.130(4) — 6 cases
Borders Elec. Co., Inc. v. Quirk, 626 P.2d 266 (Nev. 1981).
“On November 9, 1979, respondent served *206 notice upon each nonresident appellant that surety for costs would be required pursuant to NRS 18.130. 1 On December 18, 1979, 39 days after service upon appellants, respondent moved to dismiss the compláint for failure to file the…”
Brion v. Union Plaza Corp., 763 P.2d 64 (Nev. 1988).
“NRS 18.130. Appellants did not post the required bond until April 15, 1987, 68 days after the demand was made.”
Biscay Vs. Mgm Resorts Int'l., 2015 NV 46 (Nev. 2015).
“On September 26, 2012, MGM filed a demand for security of costs pursuant to NRS 18.130. Over six months later, Biscay filed a notice stating that she had filed the required security with the court clerk.”
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