Nevada Revised Statutes

Nev. Rev. Stat. § 7.085 (2026)

Payment of additional costs, expenses and attorney’s fees by attorney who files, maintains or defends certain civil actions or extends civil actions in certain circumstances

✓ current as of July 2026

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NRS 7.085 Payment of additional costs, expenses and attorney’s fees by attorney who files, maintains or defends certain civil actions or extends civil actions in certain circumstances.

1. If a court finds that an attorney has:

(a) Filed, maintained or defended a civil action or proceeding in any court in this State and such action or defense is not well-grounded in fact or is not warranted by existing law or by an argument for changing the existing law that is made in good faith; or

(b) Unreasonably and vexatiously extended a civil action or proceeding before any court in this State,

Ê the court shall require the attorney personally to pay the additional costs, expenses and attorney’s fees reasonably incurred because of such conduct.

2. The court shall liberally construe the provisions of this section in favor of awarding costs, expenses and attorney’s fees in all appropriate situations. It is the intent of the Legislature that the court award costs, expenses and attorney’s fees pursuant to this section and impose sanctions pursuant to Rule 11 of the Nevada Rules of Civil Procedure in all appropriate situations to punish for and deter frivolous or vexatious claims and defenses because such claims and defenses overburden limited judicial resources, hinder the timely resolution of meritorious claims and increase the costs of engaging in business and providing professional services to the public.

(Added to NRS by 1995, 1707; A 2002 Special Session, 12; 2003, 3477)

Notes of Decisions

Cited in 40 cases (16 in the last 5 years), 2011–2024 · leading case: Emerson v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 263 P.3d 224 (Nev. 2011).

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Emerson v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 263 P.3d 224 (Nev. 2011). · cites it 4× “Emerson challenges the imposition of sanctions on three grounds: (1) the Lioce opinion set forth new standards for misconduct, so imposing those standards on Emerson violated his due process rights because he did not have proper notice of what constituted misconduct; (2) NRS…”

Stubbs v. Strickland, 297 P.3d 326 (Nev. 2013). · cites it 3× “Stubbs responds that he filed his complaint in good faith to either clarify the law or possibly change the law as it relates to a defendant’s ability to bring a separate action for damages and fees under NRS 41.”

LaMont's Wild W. Buffalo, LLC v. Terry, 140 Nev. Adv. Op. No. 11 (Nev. 2024). · cites it 21× “010(2)(b), and NRS 7.085. The district court found that Nathanial Terry filed frivolous counterclaims against LaMont’s for breach of contract, breach of the covenant of good faith, intentional interference with prospective economic advantage, trespass to chattels, and negligence.”

Watson Rounds, P.C. Vs. Dist. Ct. (himelfarb & Assoc., Llc), 2015 NV 79 (Nev. 2015). · cites it 58× “: NRS 7.085 allows a district court to make an attorney personally liable for the attorney fees and costs an opponent incurs when the attorney "[f] ile[s], maintain [s] or defend [s] a civil action.”

Harrison v. Ramparts, Inc., 500 P.3d 603 (Nev. 2021). · cites it 2× “NRS 7.085 (providing that the court shall sanction an attorney that has brought a case not grounded in fact, not warranted by existing law, or without a good faith argument for changing the law).”

Pub. Employees' Ret. Sys. of Nevada Vs. Gitter c/w 69208/69961, 2017 NV 18 (Nev. 2017). · cites it 22× “(PERS Act) for the purposes of determining payment of survivor benefits, (2) the Public Employees' Retirement System of Nevada (PERS) is exempted from paying prejudgment or post- judgment interest out of the PERS trust fund, (3) an expert consultant must testify to recover…”

LaMont's Wild W. Buffalo, LLC v. Terry, 140 Nev. Adv. Op. No. 11 (Nev. 2024). · cites it 21× “010(2)(b), and NRS 7.085. The district court found that Nathanial Terry filed frivolous counterclaims against LaMont's for breach of contract, breach of the covenant of good faith, intentional interference with prospective economic advantage, trespass to chattels, and negligence.”

Pintar Vs. Dist. Ct. (Aa Primo Builders, Llc) C/W 81362 (Nev. 2021). · cites it 19× “81362 These consolidated original petitions for writs of mandamus challenge district court orders awarding attorney fees and costs under NRS 7.085. Petitioner Becky Pintar was plaintiffs counsel in the underlying breach of contract action brought by AA Primo Builders, LLC…”

Watson Rounds, P.C. Vs. Dist. Ct. (himelfarb & Assoc., Llc), 2015 NV 79 (Nev. 2015). · cites it 29× “: NRS 7.085 allows a district court to make an attorney personally liable for the attorney fees and costs an opponent incurs when the attorney "RI lie Es], maintain [s] or defend [s] a civil action.”

Watson Rounds v. Eighth Jud. Dist. Ct., 2015 NV 79 (Nev. 2015). · cites it 27× “: NRS 7.085 allows a district court to make an attorney personally liable for the attorney fees and costs an opponent incurs when the attorney "[I]ile[s], maintain[s] or defend [s] a civil action .”

Washington v. Aa Primo Builders, LLC (Nev. 2019). · cites it 11× “When AA Primo did not oppose that motion, the Washingtons filed a "supplement" requesting that AA Primo's counsel, Becky Pintar, be held jointly and severally liable for taxable costs under NRS 7.085. The 'Effective at the time of the initial award in 2014, this statute was…”

Show all 40 citing cases →

— Nev. Rev. Stat. § 7.085(1) — 11 cases

Stubbs v. Strickland, 297 P.3d 326 (Nev. 2013). “Stubbs responds that he filed his complaint in good faith to either clarify the law or possibly change the law as it relates to a defendant’s ability to bring a separate action for damages and fees under NRS 41.”

Pub. Employees' Ret. Sys. of Nevada Vs. Gitter c/w 69208/69961, 2017 NV 18 (Nev. 2017). “(PERS Act) for the purposes of determining payment of survivor benefits, (2) the Public Employees' Retirement System of Nevada (PERS) is exempted from paying prejudgment or post- judgment interest out of the PERS trust fund, (3) an expert consultant must testify to recover…”

Pub. Employees' Ret. Sys. of Nevada Vs. Gitter c/w 69208/69961, 2017 NV 18 (Nev. 2017).

— Nev. Rev. Stat. § 7.085(1)(a) — 6 cases

Washington v. Aa Primo Builders, LLC (Nev. 2019). “When AA Primo did not oppose that motion, the Washingtons filed a "supplement" requesting that AA Primo's counsel, Becky Pintar, be held jointly and severally liable for taxable costs under NRS 7.085. The 'Effective at the time of the initial award in 2014, this statute was…”

Washington v. Aa Primo Builders, LLC (Nev. 2019).

Pub. Employees' Ret. Sys. of Nevada Vs. Gitter c/w 69208/69961, 2017 NV 18 (Nev. 2017).

— Nev. Rev. Stat. § 7.085(2) — 3 cases

Emerson v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 263 P.3d 224 (Nev. 2011). “Emerson challenges the imposition of sanctions on three grounds: (1) the Lioce opinion set forth new standards for misconduct, so imposing those standards on Emerson violated his due process rights because he did not have proper notice of what constituted misconduct; (2) NRS…”

Washington v. Aa Primo Builders, LLC (Nev. 2019).

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