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Nevada Judgments

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CHAPTER 17 - JUDGMENTS

SATISFACTION

NRS 17.200 — Entry in docket.

  • Satisfaction of a judgment may be entered in the clerk's docket if an execution is returned satisfied, and if an acknowledgment of satisfaction is filed with the clerk, made in the manner of an acknowledgment of a conveyance of real property, by the judgment creditor, or by the attorney, unless a revocation of the attorney's authority is previously filed.
  • Whenever a judgment is satisfied in fact, the party or attorney shall give such an acknowledgment, and the party who has satisfied the judgment may move the court to compel it or to order the clerk to enter the satisfaction in the docket of judgment.
    [1911 CPA § 337; RL § 5279; NCL § 8835]—(NRS A 1983, 260)

RENEWAL

NRS 17.214 — Filing and contents of affidavit; recording affidavit; notice to judgment debtor; successive affidavits. [Effective through December 31, 2022.]

1. A judgment creditor or a judgment creditor's successor in interest may renew a judgment which has not been paid by:
(a)
• Filing an affidavit with the clerk of the court where the judgment is entered and docketed, within 90 days before the date the judgment expires by limitation.
• The affidavit must be titled as an "Affidavit of Renewal of Judgment" and must specify:
(1) The names of the parties and the name of the judgment creditor's successor in interest, if any, and the source and succession of his or her title;
(2) If the judgment is recorded, the name of the county and the document number or the number and the page of the book in which it is recorded;
(3) The date and the amount of the judgment and the number and page of the docket in which it is entered;
(4) Whether there is an outstanding writ of execution for enforcement of the judgment;
(5) The date and amount of any payment on the judgment;
(6) Whether there are any setoffs or counterclaims in favor of the judgment debtor and the amount or, if a setoff or counterclaim is unsettled or undetermined it will be allowed as payment or credit on the judgment;
(7) The exact amount due on the judgment;
(8) If the judgment was docketed by the clerk of the court upon a certified copy from any other court, and an abstract recorded with the county clerk, the name of each county in which the transcript has been docketed and the abstract recorded; and
(9) Any other fact or circumstance necessary to a complete disclosure of the exact condition of the judgment.
All information in the affidavit must be based on the personal knowledge of the affiant, and not upon information and belief.
(b) If the judgment is recorded, recording the affidavit of renewal in the office of the county recorder in which the original judgment is filed within 3 days after the affidavit of renewal is filed pursuant to paragraph (a).
2. The filing of the affidavit renews the judgment to the extent of the amount shown due in the affidavit.
3. The judgment creditor or the judgment creditor's successor in interest shall notify the judgment debtor of the renewal of the judgment by sending a copy of the affidavit of renewal by certified mail, return receipt requested, to the judgment debtor at his or her last known address within 3 days after filing the affidavit.
4. Successive affidavits for renewal may be filed within 90 days before the preceding renewal of the judgment expires by limitation.
(Added to NRS by 1985, 699; A 1995, 1525; 2011, 2409)

NRS 17.214 — Filing and contents of affidavit; recording affidavit; notice to judgment debtor; successive affidavits. [Effective January 1, 2023.]

1. Except as otherwise provided in NRS 484A.7047, a judgment creditor or a judgment creditor's successor in interest may renew a judgment which has not been paid by:
(a)
• Filing an affidavit with the clerk of the court where the judgment is entered and docketed, within 90 days before the date the judgment expires by limitation.
• The affidavit must be titled as an "Affidavit of Renewal of Judgment" and must specify:
(1) The names of the parties and the name of the judgment creditor's successor in interest, if any, and the source and succession of his or her title;
(2) If the judgment is recorded, the name of the county and the document number or the number and the page of the book in which it is recorded;
(3) The date and the amount of the judgment and the number and page of the docket in which it is entered;
(4) Whether there is an outstanding writ of execution for enforcement of the judgment;
(5) The date and amount of any payment on the judgment;
(6) Whether there are any setoffs or counterclaims in favor of the judgment debtor and the amount or, if a setoff or counterclaim is unsettled or undetermined it will be allowed as payment or credit on the judgment;
(7) The exact amount due on the judgment;
(8) If the judgment was docketed by the clerk of the court upon a certified copy from any other court, and an abstract recorded with the county clerk, the name of each county in which the transcript has been docketed and the abstract recorded; and
(9) Any other fact or circumstance necessary to a complete disclosure of the exact condition of the judgment.

All information in the affidavit must be based on the personal knowledge of the affiant, and not upon information and belief.

(b) If the judgment is recorded, recording the affidavit of renewal in the office of the county recorder in which the original judgment is filed within 3 days after the affidavit of renewal is filed pursuant to paragraph (a).
2. The filing of the affidavit renews the judgment to the extent of the amount shown due in the affidavit.
3. The judgment creditor or the judgment creditor's successor in interest shall notify the judgment debtor of the renewal of the judgment by sending a copy of the affidavit of renewal by certified mail, return receipt requested, to the judgment debtor at his or her last known address within 3 days after filing the affidavit.
4. Successive affidavits for renewal may be filed within 90 days before the preceding renewal of the judgment expires by limitation.
(Added to NRS by 1985, 699; A 1995, 1525; 2011, 2409; 2021, 3350, effective January 1, 2023) (Added to NRS by 1973, 1304; A 1979, 1356)

ENFORCEMENT OF FOREIGN JUDGMENTS (UNIFORM ACT)

NRS 17.330 — Short title.

  • NRS 17.330 to 17.400, inclusive, may be cited as the Uniform Enforcement of Foreign Judgments Act.
    (Added to NRS by 1979, 1496)

NRS 17.340 — "Foreign judgment" defined.

  • As used in NRS 17.330 to 17.400, inclusive, unless the context otherwise requires, "foreign judgment" means any judgment of a court of the United States or of any other court which is entitled to full faith and credit in this state, except:
1. A judgment to which chapter 130 of NRS applies; and
2. An order for protection issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders.
(Added to NRS by 1979, 1496; A 1997, 2268; 2001, 2132)

NRS 17.350 — Filing and status of foreign judgments.

  • An exemplified copy of any foreign judgment may be filed with the clerk of any district court of this state.
  • The clerk shall treat the foreign judgment in the same manner as a judgment of the district court of this state.
  • A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a district court of this state and may be enforced or satisfied in like manner.
    (Added to NRS by 1979, 1496)

NRS 17.360 — Affidavit; notice of filing judgment and affidavit.

1.
• At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's attorney shall file with the clerk of the court an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor.
• The affidavit must also include a statement that the foreign judgment is valid and enforceable, and the extent to which it has been satisfied.
2.
• Promptly upon filing the foreign judgment and affidavit, the judgment creditor or someone on behalf of the judgment creditor shall mail notice of the filing of the judgment and affidavit, attaching a copy of each to the notice, to the judgment debtor and to the judgment debtor's attorney of record, if any, each at his or her last known address by certified mail, return receipt requested.
• The notice shall include the name and post office address of the judgment creditor and the judgment creditor's attorney, if any, in this state.
• The judgment creditor shall file with the clerk of the court an affidavit setting forth the date upon which the notice was mailed.
3. No execution or other process for enforcement of a foreign judgment may issue until 30 days after the date of mailing the notice of filing.
(Added to NRS by 1979, 1496)

NRS 17.370 — Stay of enforcement of foreign judgment.

1. If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
2. If the judgment debtor shows the court any ground upon which enforcement of a judgment of any court of this state would be stayed, including, without limitation, a showing that an appeal is pending or will be taken, that a stay has been granted, requested or will be requested, or that the time for taking an appeal has not yet expired, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state, including, without limitation, security determined pursuant to NRS 20.035 or 20.037, if applicable.
(Added to NRS by 1979, 1497; A 2001, 1006; 2015, 1520)

NRS 17.380 — Fees.

  • Any person filing a foreign judgment shall pay to the clerk of the court the same filing fee as prescribed by statute for the filing of civil actions.
  • Fees for enforcement proceedings are the same as provided for judgments of district courts of this state.
    (Added to NRS by 1979, 1497)

NRS 17.390 — Judgment creditor may bring action to enforce judgment.

  • A judgment creditor may elect to bring an action to enforce his or her judgment instead of proceeding under NRS 17.330 to 17.400, inclusive.
    (Added to NRS by 1979, 1497; A 1985, 37)

NRS 17.400 — Uniformity of interpretation.

  • NRS 17.330 to 17.400, inclusive, shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
    (Added to NRS by 1979, 1497)

FOREIGN-MONEY CLAIMS (UNIFORM ACT)

NRS 17.410 — Short title; uniformity of application and construction.

1. NRS 17.410 to 17.660, inclusive, may be cited as the Uniform Foreign-Money Claims Act.
2. These sections must be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of these sections among states enacting them.
(Added to NRS by 1993, 193)

NRS 17.420 — Scope and applicability.

1. NRS 17.410 to 17.660, inclusive, apply only to a foreign-money claim in an action or distributive proceeding.
2. NRS 17.410 to 17.660, inclusive, apply to foreign-money issues even if other law applies to other issues in the action or distributive proceeding under the rules of this state governing the conflict of laws.
3. NRS 17.410 to 17.660, inclusive, apply to actions and distributive proceedings commenced after January 1, 1994.
(Added to NRS by 1993, 194)

NRS 17.430 — Definitions.

  • As used in NRS 17.410 to 17.660, inclusive, unless the context otherwise requires, the words and terms defined in NRS 17.440 to 17.550, inclusive, have the meanings ascribed to them in those sections.
    (Added to NRS by 1993, 194)

NRS 17.440 — "Action" defined.

  • "Action" means a judicial proceeding or an arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.
    (Added to NRS by 1993, 194)

NRS 17.450 — "Bank-offered spot rate" defined.

  • "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot rate.
    (Added to NRS by 1993, 194)

NRS 17.460 — "Date of conversion" defined.

  • "Date of conversion" means the banking day next preceding the date on which money, in accordance with NRS 17.410 to 17.660, inclusive, is:
1. Paid to a claimant in an action or distributive proceeding;
2. Paid to the officer designated by law to enforce a judgment or award on behalf of a claimant; or
3. Used to recoup, set off or counterclaim in different moneys in an action or distributive proceeding.
(Added to NRS by 1993, 194)

NRS 17.470 — "Distributive proceeding" defined.

  • "Distributive proceeding" means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity and the distribution of an estate, trust or other fund.
    (Added to NRS by 1993, 194)

NRS 17.480 — "Foreign money" defined.

  • "Foreign money" means money other than money of the United States of America.
    (Added to NRS by 1993, 194)

NRS 17.490 — "Foreign-money claim" defined.

  • "Foreign-money claim" means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money.
    (Added to NRS by 1993, 194)

NRS 17.500 — "Money" defined.

  • "Money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.
    (Added to NRS by 1993, 194)

NRS 17.510 — "Money of the claim" defined.

  • "Money of the claim" means the money determined as proper pursuant to NRS 17.570.
    (Added to NRS by 1993, 194)

NRS 17.520 — "Person" defined.

  • "Person" includes two or more persons having a joint or common interest.
    (Added to NRS by 1993, 194)

NRS 17.530 — "Rate of exchange" defined.

  • "Rate of exchange" means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion.
  • If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim.
    (Added to NRS by 1993, 194)

NRS 17.540 — "Spot rate" defined.

  • "Spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next-day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding 2 days.
    (Added to NRS by 1993, 195)

NRS 17.550 — "State" defined.

  • "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States.
    (Added to NRS by 1993, 195)

NRS 17.560 — Variation by agreement.

1. The effect of NRS 17.410 to 17.660, inclusive, may be varied by agreement of the parties made before or after commencement of an action or distributive proceeding or the entry of judgment.
2.
• Parties to the transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction.
• Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction.
(Added to NRS by 1993, 195)

NRS 17.570 — Determining money of the claim.

1. The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.
2. If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:
(a) Regularly used between the parties as a matter of usage or course of dealing;
(b) Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
(c) In which the loss was ultimately felt or will be incurred by the party claimant.
(Added to NRS by 1993, 195)

NRS 17.580 — Determining amount of money of certain contract claims.

1. If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the date of conversion.
2.
• If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding 30 days.
• Thereafter, conversion is made at the bank-offered spot rate on the date of conversion.
3.
• A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid on the debtor's money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor.
• If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.
(Added to NRS by 1993, 195)

NRS 17.590 — Asserting and defending foreign-money claim.

1.
• A person may assert a claim in a specified foreign money.
• If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
2. An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
3. A person may assert a defense, set-off, recoupment or counterclaim in any money without regard to the money of other claims.
4. The determination of the proper money of the claim is a question of law.
(Added to NRS by 1993, 195)

NRS 17.600 — Judgments and awards on foreign-money claims; times of money conversion; form of judgment.

1. Except as otherwise provided in subsection 3, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim.
2. A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the date of conversion at a bank-offered spot rate.
3. Assessed costs must be entered in United States dollars.
4. Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the date of conversion for that payment.
5. A judgment or award made in an action or distributive proceeding on both a defense, set-off, recoupment or counterclaim and the adverse party's claim must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used.
6. A judgment substantially in the following form complies with subsection 1:

IT IS ORDERED AND ADJUDGED that the plaintiff __________ (insert name) __________ recover of the defendant __________ (insert name) __________ the sum of __________ (insert amount in the foreign money) __________ plus interest on that sum at the rate of __________ (insert rate—see NRS 17.620) __________ percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the __________ (insert name of foreign money) __________ with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of __________ (insert amount) __________ United States dollars.

7. If a contract claim is of the type covered by subsection 1 or 2 of NRS 17.580, the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the date of conversion at a bank-offered spot rate.
8.
• A judgment must be filed and indexed in foreign money in the same manner, and has the same effect as a lien, as other judgments.
• It may be discharged by payment.
(Added to NRS by 1993, 196)

NRS 17.610 — Conversion of foreign money in distributive proceeding.

  • The rate of exchange prevailing at or near the close of business on the day the distributive proceeding is initiated governs all exchanges of foreign money in a distributive proceeding.
  • A foreign-money claimant in a distributive proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.
    (Added to NRS by 1993, 196)

NRS 17.620 — Prejudgment and judgment interest.

1. With respect to a foreign-money claim, recovery of prejudgment or pre-award interest and the rate of interest to be applied in the action or distributive proceeding, except as otherwise provided in subsection 2, are matters of the substantive law governing the right to recovery under the rules of this state governing the conflict of laws.
2. The court or arbitrator shall increase or decrease the amount of prejudgment or pre-award interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.
3. A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state.
(Added to NRS by 1993, 197)

NRS 17.630 — Enforcement of foreign judgments.

1. If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in NRS 17.600, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.
2. A foreign judgment may be filed in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.
3. A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.
4. A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only.
(Added to NRS by 1993, 197)

NRS 17.640 — Determining United States dollar value of foreign-money claims for limited purposes.

1. Computations under this section are for the limited purposes of the section and do not affect computation of the equivalent in United States dollars of the money of the judgment for the purpose of payment.
2. For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking must be ascertained as provided in subsections 3 and 4.
3. A party seeking process, costs, bond or other undertaking under subsection 2 shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.
4.
• A party seeking the process, costs, bond or other undertaking under subsection 2 shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation.
• Affected court officers incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
(Added to NRS by 1993, 197)

NRS 17.650 — Effect of currency revalorization.

1. If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss must be treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
2. If substitution under subsection 1 occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.
(Added to NRS by 1993, 198)

NRS 17.660 — Supplementary general principles of law.

  • Unless displaced by particular provisions of NRS 17.410 to 17.660, inclusive, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating causes supplement the provisions of those sections.
    (Added to NRS by 1993, 198)

RECOGNITION OF FOREIGN-COUNTRY MONEY JUDGMENTS (UNIFORM ACT)

NRS 17.700 — Short title.

  • NRS 17.700 to 17.820, inclusive, may be cited as the Uniform Foreign-Country Money Judgments Recognition Act.
    (Added to NRS by 2007, 147)

NRS 17.710 — Definitions.

  • As used in NRS 17.700 to 17.820, inclusive, unless the context otherwise requires, the words and terms defined in NRS 17.720 and 17.730 have the meanings ascribed to them in those sections.
    (Added to NRS by 2007, 147)

NRS 17.720 — "Foreign country" defined.

  • "Foreign country" means a government other than:
1. The United States;
2. A state, district, commonwealth, territory or insular possession of the United States; or
3. Any other government with regard to which the decision in this State as to whether to recognize a judgment of that government's courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
(Added to NRS by 2007, 147)

NRS 17.730 — "Foreign-country judgment" defined.

  • "Foreign-country judgment" means a judgment of a court of a foreign country.
    (Added to NRS by 2007, 147)

NRS 17.740 — Applicability.

1. Except as otherwise provided in subsection 2, NRS 17.700 to 17.820, inclusive, apply to a foreign-country judgment to the extent that the judgment:
(a) Grants or denies recovery of a sum of money; and
(b) Under the law of the foreign country where rendered, is final, conclusive and enforceable.
2. NRS 17.700 to 17.820, inclusive, do not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
(a) A judgment for taxes;
(b) A fine or other penalty; or
(c) A judgment for divorce, support or maintenance or other judgment rendered in connection with domestic relations.
3. A party seeking recognition of a foreign-country judgment has the burden of establishing that NRS 17.700 to 17.820, inclusive, apply to the foreign-country judgment.
(Added to NRS by 2007, 147)

NRS 17.750 — Standards for recognition of foreign-country judgment.

1. Except as otherwise provided in subsections 2 and 3, a court of this State shall recognize a foreign-country judgment to which NRS 17.700 to 17.820, inclusive, apply.
2. A court of this State may not recognize a foreign-country judgment if:
(a) The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(b) The foreign court did not have personal jurisdiction over the defendant; or
(c) The foreign court did not have jurisdiction over the subject matter.
3. A court of this State need not recognize a foreign-country judgment if:
(a) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(b) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
(c) The judgment or the cause of action on which the judgment is based is repugnant to the public policy of this State or of the United States;
(d) The judgment conflicts with another final and conclusive judgment;
(e) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
(f) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(g) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
(h) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
4. A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection 2 or 3 exists.
(Added to NRS by 2007, 148)

NRS 17.760 — Personal jurisdiction.

1. A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
(a) The defendant was served with process personally in the foreign country;
(b) The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(c) The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(d) The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;
(e) The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or
(f) The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.
2.
•The list of bases for personal jurisdiction in subsection 1 is not exclusive.
• The courts of this State may recognize bases of personal jurisdiction other than those listed in subsection 1 as sufficient to support a foreign-country judgment.
(Added to NRS by 2007, 148)

NRS 17.770 — Procedure for recognition of foreign-country judgment.

1. If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.
2. If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim or affirmative defense.
(Added to NRS by 2007, 149)

NRS 17.780 — Effect of recognition of foreign-country judgment.

  • If the court in a proceeding under NRS 17.770 finds that the foreign-country judgment is entitled to recognition under NRS 17.700 to 17.820, inclusive, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
1. Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this State would be conclusive; and
2. Enforceable in the same manner and to the same extent as a judgment rendered in this State.
(Added to NRS by 2007, 149)

NRS 17.790 — Stay of proceedings pending appeal of foreign-country judgment.

  • If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
    (Added to NRS by 2007, 149)

NRS 17.800 — Statute of limitations.

  • An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effective in the foreign country.
    (Added to NRS by 2007, 149)

NRS 17.810 — Uniformity of interpretation.

  • In applying and construing the Uniform Foreign-Country Money Judgments Recognition Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
    (Added to NRS by 2007, 149)

NRS 17.820 — Saving clause.

  • NRS 17.700 to 17.820, inclusive, do not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of NRS 17.700 to 17.820, inclusive.
    (Added to NRS by 2007, 149)

REGISTRATION OF CANADIAN MONEY JUDGMENTS (UNIFORM ACT)

NRS 17.900 — Short title.

  • NRS 17.900 to 17.955, inclusive, may be cited as the Uniform Registration of Canadian Money Judgments Act.
    (Added to NRS by 2021, 509)

NRS 17.905 — Definitions.

  • As used in NRS 17.900 to 17.955, inclusive, unless the context otherwise requires, the words and terms defined in NRS 17.910 and 17.915 have the meanings ascribed to them in those sections.
    (Added to NRS by 2021, 509)

NRS 17.910 — "Canada" defined.

  • "Canada" means the sovereign nation of Canada and its provinces and territories.
  • "Canadian" has a corresponding meaning.
    (Added to NRS by 2021, 509)

NRS 17.915 — "Canadian judgment" defined.

  • "Canadian judgment" means a judgment of a court of Canada, other than a judgment that recognizes the judgment of another foreign country.
    (Added to NRS by 2021, 509)

NRS 17.920 — Applicability.

1. NRS 17.900 to 17.955, inclusive, apply to a Canadian judgment to the extent the judgment is within the scope of NRS 17.740, if recognition of the judgment is sought to enforce the judgment.
2. A Canadian judgment that grants both recovery of a sum of money and other relief may be registered under NRS 17.900 to 17.955, inclusive, but only to the extent of the grant of recovery of a sum of money.
3. A Canadian judgment regarding subject matter both within and not within the scope of NRS 17.900 to 17.955, inclusive, may be registered under NRS 17.900 to 17.955, inclusive, but only to the extent the judgment is with regard to subject matter within the scope of NRS 17.900 to 17.955, inclusive.
(Added to NRS by 2021, 510)

NRS 17.925 — Registration of Canadian judgment.

1. A person seeking recognition of a Canadian judgment described in NRS 17.920 to enforce the judgment may register the judgment in the office of the clerk of a court in which an action for recognition of the judgment could be filed under NRS 17.770.
2. A registration under subsection 1 must be executed by the person registering the judgment or the person's attorney and include:
(a) A copy of the Canadian judgment authenticated in the same manner as a copy of a foreign judgment is authenticated in an action under NRS 17.770 as an accurate copy by the court that entered the judgment;
(b) The name and address of the person registering the judgment;
(c) If the person registering the judgment is not the person in whose favor the judgment was rendered, a statement describing the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement;
(d) The name and last known address of the person against whom the judgment is being registered;
(e) If the judgment is of the type described in subsection 2 or 3 of NRS 17.920, a description of the part of the judgment being registered;
(f) The amount of the judgment or part of the judgment being registered, identifying:
(1) The amount of interest accrued as of the date of registration on the judgment or part of the judgment being registered, the rate of interest, the part of the judgment to which interest applies and the date when interest began to accrue;
(2) Costs and expenses included in the judgment or part of the judgment being registered, other than an amount awarded for attorney's fees; and
(3) The amount of an award of attorney's fees included in the judgment or part of the judgment being registered;
(g) The amount, as of the date of registration, of postjudgment costs, expenses, and attorney's fees claimed by the person registering the judgment or part of the judgment;
(h) The amount of the judgment or part of the judgment being registered which has been satisfied as of the date of registration;
(i) A statement that:
(1) The judgment is final, conclusive and enforceable under the law of the Canadian jurisdiction in which it was rendered;
(2) The judgment or part of the judgment being registered is within the scope of NRS 17.900 to 17.955, inclusive; and
(3) If a part of the judgment is being registered, the amounts stated in the registration under paragraphs (f), (g) and (h) relate to the part;
(j) If the judgment is not in English, a certified translation of the judgment into English; and
(k) A registration fee in an amount equal to the fee for filing an action for recognition of a judgment pursuant to NRS 17.700 to 17.820, inclusive.
3. On receipt of a registration that includes the documents, information and registration fee required by subsection 2, the clerk shall file the registration, assign a docket number and enter the Canadian judgment in the court's docket.
4. A registration substantially in the following form complies with the registration requirements under subsection 2 if the registration includes the attachments specified in the form:

REGISTRATION OF CANADIAN MONEY JUDGMENT

Complete and file this form, together with the documents required by Part V of this form, with the clerk of court. When stating an amount of money, identify the currency in which the amount is stated.

PART I. IDENTIFICATION OF CANADIAN JUDGMENT

Canadian Court Rendering the Judgment: __________

Case/Docket Number in Canadian Court: __________

Name of Plaintiff(s): __________

Name of Defendant(s): __________

The Canadian Court entered the judgment on __________ [Date] in __________. [City] in __________ [Province or Territory]

.The judgment includes an award for the payment of money in favor of __________. in the amount of __________ . If only part of the Canadian judgment is subject to registration (see subsections 2 and 3 of NRS 17.920), describe the part of the judgment being registered: __________

PART II. IDENTIFICATION OF PERSON REGISTERING JUDGMENT AND PERSON AGAINST WHOM JUDGMENT IS BEING REGISTERED

Provide the following information for all persons seeking to register the judgment under this registration and all persons against whom the judgment is being registered under this registration.

Name of Person(s) Registering Judgment: __________

If a person registering the judgment is not the person in whose favor the judgment was rendered, describe the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement:

Address of Person(s) Registering Judgment: __________

Additional Contact Information for Person(s) Registering Judgment (Optional):

Telephone Number: __________ Facsimile Number: __________

Electronic Mail Address: __________

Name of Attorney for Person(s) Registering Judgment, if any: __________

Address: __________

Telephone Number: __________ Facsimile Number: __________

Electronic Mail Address: __________

Name of Person(s) Against Whom Judgment is Being Registered: __________.

Address of Person(s) Against Whom Judgment is Being Registered: __________ (provide the most recent address known)

Additional Contact Information for Person(s) Against Whom Judgment is Being Registered (Optional) (provide most recent information known):

Telephone Number: __________ Facsimile Number: __________

Electronic Mail Address: __________

PART III. CALCULATION OF AMOUNT FOR WHICH ENFORCEMENT IS SOUGHT

Identify the currency or currencies in which each amount is stated.

The amount of the Canadian judgment or part of the judgment being registered is .

The amount of interest accrued as of the date of registration on the part of the judgment being registered is .

The applicable rate of interest is __________ .

The date when interest began to accrue is __________ .

The part of the judgment to which the interest applies is __________ .

The Canadian Court awarded costs and expenses relating to the part of the judgment being registered in the amount of __________ (exclude any amount included in the award of costs and expenses which represents an award of attorney's fees).

The Canadian Court awarded attorney's fees relating to the part of the judgment being registered in the amount of .

The person registering the Canadian judgment claims postjudgment costs and expenses in the amount of __________ and postjudgment attorney's fees in the amount of __________ relating to the part of the judgment being registered (include only costs, expenses and attorney's fees incurred before registration).

The amount of the part of the judgment being registered which has been satisfied as of the date of registration is .

The total amount for which enforcement of the part of the judgment being registered is sought is .

PART IV. STATEMENT OF PERSON REGISTERING JUDGMENT

I, __________. [Person Registering Judgment or Attorney for Person Registering Judgment] state:

1. The Canadian judgment is final, conclusive and enforceable under the law of the Canadian jurisdiction in which it was rendered.

2. The Canadian judgment or part of the judgment being registered is within the scope of NRS 17.900 to 17.955, inclusive.

3. If only a part of the Canadian judgment is being registered, the amounts stated in Part III of this form relate to that part.

PART V. ITEMS REQUIRED TO BE INCLUDED WITH REGISTRATION

Attached are (check to signify required items are included):

__________ A copy of the Canadian judgment authenticated in the same manner a copy of a foreign judgment is authenticated in an action under NRS 17.770 as an accurate copy by the Canadian court that entered the judgment.

__________ If the Canadian judgment is not in English, a certified translation of the judgment into English.

__________ A registration fee in the amount of $150.

I declare that the information provided on this form is true and correct to the best of my knowledge and belief.

Submitted by: __________.

Signature of [Person Registering Judgment]

[Attorney for Person Registering Judgment]

[specify whether signer is the person

registering the judgment or that

person's attorney]

Date of submission: __________

(Added to NRS by 2021, 510)

NRS 17.930 — Effect of registration.

1. Subject to subsection 2, a Canadian judgment registered under NRS 17.925 has the same effect provided in NRS 17.780 for a judgment a court determines to be entitled to recognition.
2.
• A Canadian judgment registered under NRS 17.925 may not be enforced by sale or other disposition of property, or by seizure of property or garnishment, until 31 days after notice under NRS 17.935 of registration is served.
• The court for cause may provide for a shorter or longer time.
• This subsection does not preclude use of relief available under law of this State other than NRS 17.900 to 17.955, inclusive, to prevent dissipation, disposition or removal of property.
(Added to NRS by 2021, 513)

NRS 17.935 — Notice of registration.

1. A person that registers a Canadian judgment under NRS 17.925 shall cause notice of registration to be served on the person against whom the judgment has been registered.
2. Notice under this section must be served in the same manner that a summons and complaint must be served in an action seeking recognition under NRS 17.770 of a foreign-country money judgment.
3. Notice under this section must include:
(a) The date of registration and court in which the judgment was registered;
(b) The docket number assigned to the registration;
(c) The name and address of:
(1) The person registering the judgment; and
(2) The person's attorney, if any;
(d) A copy of the registration, including the documents required under subsection 2 of NRS 17.925; and
(e) A statement that:
(1) The person against whom the judgment has been registered, not later than 30 days after the date of service of notice, may petition the court to vacate the registration; and
(2) The court for cause may provide for a shorter or longer time.
4. Proof of service of notice under this section must be filed with the clerk of the court.
(Added to NRS by 2021, 513)

NRS 17.940 — Petition to vacate registration.

1.
• Not later than 30 days after notice under NRS 17.935 is served, the person against whom the judgment was registered may petition the court to vacate the registration.
• The court for cause may provide for a shorter or longer time for filing the petition.
2. A petition under this section may assert only:
(a) A ground that could be asserted to deny recognition of the judgment under the Uniform Foreign-Country Money Judgments Recognition Act; or
(b) A failure to comply with a requirement of NRS 17.900 to 17.955, inclusive, for registration of the judgment.
3. A petition filed under this section does not itself stay enforcement of the registered judgment.
4. If the court grants a petition under this section, the registration is vacated, and any act under the registration to enforce the registered judgment is void.
5.
• If the court grants a petition under this section on a ground under paragraph (a) of subsection 2, the court also shall render a judgment denying recognition of the Canadian judgment.
• A judgment rendered under this subsection has the same effect as a judgment denying recognition to a judgment on the same ground under the Uniform Foreign-Country Money Judgments Recognition Act.
(Added to NRS by 2021, 513)

NRS 17.945 — Stay of enforcement of judgment pending determination of petition.

  • A person that files a petition under subsection 1 of NRS 17.940 to vacate registration of a Canadian judgment may request the court to stay enforcement of the judgment pending determination of the petition.
  • The court shall grant the stay if the person establishes a likelihood of success on the merits with regard to a ground listed in subsection 2 of NRS 17.940 for vacating a registration.
  • The court may require the person to provide security in an amount determined by the court as a condition of granting the stay.
    (Added to NRS by 2021, 514)

NRS 17.950 — Relationship to Uniform Foreign-Country Money Judgments Recognition Act.

1. NRS 17.900 to 17.955, inclusive, supplement the Uniform Foreign-Country Money Judgments Recognition Act and that Act, other than NRS 17.770, applies to a registration under NRS 17.900 to 17.955, inclusive.
2. A person may seek recognition of a Canadian judgment described in NRS 17.920 either:
(a) By registration under NRS 17.900 to 17.955, inclusive; or
(b) Under NRS 17.770.
3. Subject to subsection 4, a person may not seek recognition in this State of the same judgment or part of a judgment described in subsection 2 or 3 of NRS 17.920 with regard to the same person under both NRS 17.900 to 17.955, inclusive, and NRS 17.770.
4. If the court grants a petition to vacate a registration solely on a ground under paragraph (b) of subsection 2 of NRS 17.940, the person seeking registration may:
(a) If the defect in the registration can be cured, file a new registration under NRS 17.900 to 17.955, inclusive; or
(b) Seek recognition of the judgment under NRS 17.770.
(Added to NRS by 2021, 514)

NRS 17.955 — Uniformity of application and construction.

  • In applying and construing the Uniform Registration of Canadian Money Judgments Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
    (Added to NRS by 2021, 514)




Nevada Judgment Opinions