NRS
239.011 Application to court for order compelling disclosure of public
book or record in legal custody or control of governmental entity for less than
30 years; priority; appeal.
1. If a request for inspection, copying or
copies of a public book or record open to inspection and copying is denied or
unreasonably delayed or if a person who requests a copy of a public book or
record believes that the fee charged by the governmental entity for providing
the copy of the public book or record is excessive or improper, the requester
may apply to the district court in the county in which the book or record is
located for an order:
(a) Permitting the requester to inspect or copy
the book or record;
(b) Requiring the person who has legal custody or
control of the public book or record to provide a copy to the requester; or
(c) Providing relief relating to the amount of
the fee,
Ê as applicable.
2. The court shall give this matter
priority over other civil matters to which priority is not given by other
statutes. If the requester prevails, the requester is entitled to recover from
the governmental entity that has legal custody or control of the record his or
her costs and reasonable attorney’s fees in the proceeding.
3. If the governmental entity appeals the
decision of the district court and the decision is affirmed in whole or in
part, the requester is entitled to recover from the governmental entity that
has legal custody or control of the record his or her costs and reasonable
attorney’s fees for the appeal.
4. The rights and remedies recognized by
this section are in addition to any other rights or remedies that may exist in
law or in equity.
(Added to NRS by 1993,
1230; A 1997,
2386; 2013,
322; 2019,
4007)
Notes of Decisions
The Nevada Indep. v. Whitley, 2022 NV 15 (Nev. 2022).
· cites it 2× “See NRS 239.011. It is the district court judge, therefore, that makes the ultimate determination regarding confidentiality, not DHHS.”
Las Vegas Review-Journal v. Eighth Jud. Dist. Court of Nev., 412 P.3d 23 (Nev. 2018).
“On November 16, 2017, the Review-Journal filed suit against the Coroner under NRS 239.011, which gives a party who has been denied access to a public record the right to sue for an order requiring the government to provide a copy or permit inspection of it.”
City of Sparks Vs. Reno Newspapers, Inc., 2017 NV 56 (Nev. 2017).
· cites it 10× “We have previously held that a writ of mandamus is generally the appropriate means for pursuing the disclosure of public records pursuant to NRS 239.011. See, e.g., Las Vegas Metro. Police Dep't v.”
Blackjack Bonding Vs. Lv Metro Police Dept. c/w 62864, 2015 NV 10 (Nev. 2015).
· cites it 14× “NRS 239.011. In the present case, a private telecommunications provider contracted with Clark County to provide telephone services to inmates at a county jail and to make records of the inmates' calls available to the governmental agency operating the jail.”
— Nev. Rev. Stat. § 239.011(1) — 9 cases
City of Sparks Vs. Reno Newspapers, Inc., 2017 NV 56 (Nev. 2017).
“We have previously held that a writ of mandamus is generally the appropriate means for pursuing the disclosure of public records pursuant to NRS 239.011. See, e.g., Las Vegas Metro. Police Dep't v.”
— Nev. Rev. Stat. § 239.011(2) — 16 cases
— Nev. Rev. Stat. § 239.011(4) — 3 cases
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