Nevada Revised Statutes
Nev. Rev. Stat. § 41.010 (2026)
Commencement of action; service of summons upon State Controller
✓ current as of July 2026
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NRS 41.010 Commencement of action; service of summons upon State
Controller. An officer or person
who has presented a claim against the State:
1. For services or advances authorized by law, and for which an appropriation has been made, but of which the amount has not been fixed by law; or
2. For refund of an overpayment,
Ê which claim the State Board of Examiners or the State Controller has refused to allow, in whole or in part, may commence an action in any court having jurisdiction of the amount, for the recovery of such portion of the claim as has been rejected. In such action, the State of Nevada must be named as defendant, and the summons must be served upon the State Controller, and the action must proceed as other civil actions to final judgment.
[1911 CPA § 711; RL § 5653; NCL § 9200]—(NRS A 1967, 720; 1969, 1117; 2003, 627)
Notes of Decisions
Cited in 7
cases, 1962–2008 · leading case: Turner v. Staggs, 510 P.2d 879 (Nev. 1973).
Turner v. Staggs, 510 P.2d 879 (Nev. 1973). “036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability shall be determined in the same manner, except as otherwise provided in NRS 41.”
City of Boulder City v. Boulder Excavating, Inc., 191 P.3d 1175 (Nev. 2008). “318, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.010 or the limitations of NRS 41.032 to 41.”
State v. Webster, 504 P.2d 1316 (Nev. 1972). “036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability shall be determined in the same manner, except as otherwise provided in NRS 41.”
State ex rel. Armstrong v. State Bd. of Examiners, 376 P.2d 492 (Nev. 1962). “First, is the remedy of mandamus available in view of the provisions of NRS 41.010 permitting a civil action to* be filed for a claim against the state for which an appropriation has been made, but where the amount is not fixed by law ? Second, if such remedy is appropriate, do…”
Hardgrave v. State Ex Rel. State High. Dep't, 389 P.2d 249 (Nev. 1964). “NRS 41.010. NRCP 4(d) (5) expressly provides for service of process in an action against a county, city or town.”
Fischmann v. City of Henderson, 556 P.2d 923 (Nev. 1976). “036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability shall be determined in the same manner, except as otherwise provided in NRS 41.”
Nevada v. Hall, 440 U.S. 410 (1979). “036, inclusive, or the limitations of the NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability shall be determined in the same manner, except as otherwise provided in NRS 41.”
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