A.B. 18
- *AB18*
ASSEMBLY BILL NO. 18–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE NEVADA SUPREME COURT)
PREFILED NOVEMBER 6, 2024
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to the electronic filing of
certain documents. (BDR 5-469)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to electronic filing; revising provisions relating to
the signing of certain documents that are filed
electronically; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law: (1) authorizes the electronic filing of certain documents in certain 1
judicial proceedings; and (2) requires documents that are filed electronically to 2
contain an image of the signature of the person who is filing the document. (NRS 3
62D.400, 171.103, 173.049, 178.591, 432B.515) Existing court rules adopted by 4
the Nevada Supreme Court, the Nevada Electronic Filing and Conversion Rules 5
(NEFCR), govern the electronic filing of documents in the courts of this State and 6
contain definitions of certain terms used in the NEFCR such as “electronic 7
signature.” (NEFCR 2(k)) This bill requires certain documents that are filed 8
electronically to contain the electronic signature, as that term is defined in the 9
NEFCR, of the person who is filing the document. 10
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 62D.400 is hereby amended to read as 1
follows: 2
62D.400 1. A clerk of the court may allow any of the 3
following documents to be filed electronically: 4
(a) A petition prepared and signed by the district attorney 5
pursuant to NRS 62C.100 or 62C.110. 6
– 2 –
- *AB18*
(b) A document relating to proceedings conducted pursuant to 1
this title. 2
(c) A study and report prepared pursuant to NRS 62E.160. 3
2. Any document that is filed electronically pursuant to this 4
section must contain [an image of] the electronic signature of the 5
person who is filing the document. 6
3. As used in this section, “electronic signature” has the 7
meaning ascribed to it in the Nevada Electronic Filing and 8
Conversion Rules. 9
Sec. 2. NRS 171.103 is hereby amended to read as follows: 10
171.103 1. A court clerk may accept a complaint filed 11
pursuant to this chapter that is filed electronically. A complaint that 12
is filed electronically must contain [an image of] the electronic 13
signature of the prosecuting attorney. 14
2. If a court clerk accepts a complaint that is filed 15
electronically pursuant to subsection 1, the court clerk shall 16
acknowledge receipt of the complaint by an electronic time stamp 17
and shall electronically return the complaint with the electronic time 18
stamp to the prosecuting attorney. A complaint that is filed and 19
time-stamped electronically pursuant to this section may be 20
converted into a printed document and served upon a defendant in 21
the same manner as a complaint that is not filed electronically. 22
3. As used in this section, “electronic signature” has the 23
meaning ascribed to it in the Nevada Electronic Filing and 24
Conversion Rules. 25
Sec. 3. NRS 173.049 is hereby amended to read as follows: 26
173.049 1. A court clerk may accept an information filed 27
pursuant to this chapter that is filed electronically. An information 28
that is filed electronically must contain [an image of] the electronic 29
signature of the prosecuting attorney. 30
2. If a court clerk accepts an information that is filed 31
electronically pursuant to subsection 1, the court clerk shall 32
acknowledge receipt of the information by an electronic time stamp 33
and shall electronically return the information with the electronic 34
time stamp to the prosecuting attorney. An information that is filed 35
and time-stamped electronically pursuant to this section may be 36
converted into a printed document and served upon a defendant in 37
the same manner as an information that is not filed electronically. 38
3. As used in this section, “electronic signature” has the 39
meaning ascribed to it in the Nevada Electronic Filing and 40
Conversion Rules. 41
Sec. 4. NRS 178.591 is hereby amended to read as follows: 42
178.591 1. Except when personal service of a person is 43
ordered by the court or required by specific statute, a person who is 44
represented by an attorney may be lawfully served with any motion, 45
– 3 –
- *AB18*
notice or other legal document by electronic means if the office of 1
the attorney representing the person has the ability to receive and 2
store the motion, notice or other legal document electronically. 3
2. In addition to any other document required by the court, a 4
person who uses electronic means pursuant to subsection 1 to 5
electronically serve any motion, notice or other legal document that 6
is required to be filed with the court shall include with the original 7
document filed with the court evidence of the electronic transmittal 8
of the legal document. 9
3. A court clerk may accept a motion, notice or other legal 10
document that is filed electronically. A motion, notice or other legal 11
document that is filed electronically must contain [an image of] the 12
electronic signature of the prosecuting attorney. 13
4. If a court clerk accepts a motion, notice or other legal 14
document that is filed electronically pursuant to subsection 3, the 15
court clerk shall acknowledge receipt of the motion, notice or other 16
legal document by an electronic time stamp and shall electronically 17
return the motion, notice or other legal document with the electronic 18
time stamp to the prosecuting attorney. A motion, notice or other 19
legal document may be converted into a printed document and 20
served upon a defendant in the same manner as a motion, notice or 21
other legal document that is not filed electronically. 22
5. A motion, notice or other legal document that is filed or 23
served electronically shall be deemed to be filed or served on the 24
date that it is filed or served electronically if it is filed or served not 25
later than 11:59 p.m. on that date. 26
6. As used in this section, “electronic signature” has the 27
meaning ascribed to it in the Nevada Electronic Filing and 28
Conversion Rules. 29
Sec. 5. NRS 432B.515 is hereby amended to read as follows: 30
432B.515 1. A court clerk may allow any of the following 31
documents to be filed electronically: 32
(a) A petition signed by the district attorney or the Attorney 33
General pursuant to NRS 432B.510; or 34
(b) A report prepared pursuant to NRS 432B.540. 35
2. Any document that is filed electronically pursuant to this 36
section must contain [an image of] the electronic signature of the 37
person who is filing the document. 38
3. As used in this section, “electronic signature” has the 39
meaning ascribed to it in the Nevada Electronic Filing and 40
Conversion Rules. 41
Sec. 6. This act becomes effective upon passage and approval. 42
H