1. Except as otherwise provided in subsection 2, in an action involving nonresidential construction, the attorney for the complainant shall file an affidavit with the court concurrently with the service of the first pleading in the action stating that the attorney:
(a) Has reviewed the facts of the case;
(b) Has consulted with an expert;
(c) Reasonably believes the expert who was consulted is knowledgeable in the relevant discipline involved in the action; and
(d) Has concluded on the basis of the review and the consultation with the expert that the action has a reasonable basis in law and fact.
2. The attorney for the complainant may file the affidavit required pursuant to subsection 1 at a later time if the attorney could not consult with an expert and prepare the affidavit before filing the action without causing the action to be impaired or barred by the statute of limitations or repose, or other limitations prescribed by law. If the attorney must submit the affidavit late, the attorney shall file an affidavit concurrently with the service of the first pleading in the action stating the reason for failing to comply with subsection 1 and the attorney shall consult with an expert and file the affidavit required pursuant to subsection 1 not later than 45 days after filing the action.
3. In addition to the statement included in the affidavit pursuant to subsection 1, a report must be attached to the affidavit. Except as otherwise provided in subsection 4, the report must be prepared by the expert consulted by the attorney and must include, without limitation:
(a) The resume of the expert;
(b) A statement that the expert is experienced in each discipline which is the subject of the report;
(c) A copy of each nonprivileged document reviewed by the expert in preparing the report, including, without limitation, each record, report and related document that the expert has determined is relevant to the allegations of negligent conduct that are the basis for the action;
(d) The conclusions of the expert and the basis for the conclusions; and
(e) A statement that the expert has concluded that there is a reasonable basis for filing the action.
4. In an action in which an affidavit is required to be filed pursuant to subsection 1:
(a) The report required pursuant to subsection 3 is not required to include the information set forth in paragraphs (c) and (d) of subsection 3 if the complainant or the complainant’s attorney files an affidavit, at the time that the affidavit is filed pursuant to subsection 1, stating that he or she made reasonable efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action;
(b) The complainant or the complainant’s attorney shall amend the report required pursuant to subsection 3 to include any documents and information required pursuant to paragraph (c) or (d) of subsection 3 as soon as reasonably practicable after receiving the document or information; and
(c) The court may dismiss the action if the complainant and the complainant’s attorney fail to comply with the requirements of paragraph (b).
5. An expert consulted by an attorney to prepare an affidavit pursuant to this section must not be a party to the action.
6. As used in this section, "expert" means a person who is licensed in a state to engage in the practice of professional engineering, land surveying, architecture or landscape architecture.
(Added to NRS by 2007, 647)
Structure Nevada Revised Statutes
Chapter 11 - Limitation of Actions
NRS 11.010 - Commencement of civil actions.
NRS 11.020 - Effect of laws of limitation of other states or countries.
NRS 11.030 - When action cannot be brought by grantee from this State.
NRS 11.040 - When actions by State or its grantees are to be brought within 7 years.
NRS 11.080 - Seisin within 5 years; when necessary in action for real property.
NRS 11.090 - Peaceable entry; when not valid as claim.
NRS 11.100 - Possession presumed in legal owner unless adversely held.
NRS 11.110 - Occupation under written instrument or judgment; when deemed adverse.
NRS 11.120 - What constitutes adverse possession under written instrument or judgment.
NRS 11.130 - Premises actually occupied under claim of title deemed to be held adversely.
NRS 11.160 - Relation of landlord and tenant as affecting adverse possession.
NRS 11.170 - Right of possession not affected by descent cast.
NRS 11.180 - Certain disabilities excluded from time to commence actions.
NRS 11.190 - Periods of limitation.
NRS 11.200 - Computation of time.
NRS 11.201 - Actions for common-law wrongful termination of employment.
NRS 11.207 - Malpractice actions against attorneys and veterinarians.
NRS 11.2075 - Malpractice actions against accountants.
NRS 11.2095 - Action to recover payment for money owed to hospital.
NRS 11.210 - Mutual open accounts; accrual of cause of action.
NRS 11.220 - Action for relief not otherwise provided for.
NRS 11.245 - Actions brought by Attorney General for deceptive trade practices.
NRS 11.250 - Disabilities preventing running of statute.
NRS 11.255 - Actions by or on behalf of this State.
NRS 11.2565 - "Action involving nonresidential construction" defined.
NRS 11.257 - "Complainant" defined.
NRS 11.259 - Effect of compliance with or failure to comply with NRS 11.258.
NRS 11.260 - Action to recover estate sold by guardian.
NRS 11.270 - Action to recover estate sold by executor or administrator.
NRS 11.275 - Action against estate for which letters of administration have not been issued.
NRS 11.280 - Legal disability prevents running of statute.
NRS 11.290 - No limitation of action for deposit of money or property; exception.
NRS 11.300 - Absence from State suspends running of statute.
NRS 11.320 - Statute suspended when person against whom cause of action exists dies out of State.
NRS 11.330 - Action by enemy alien; war suspends limitation.
NRS 11.340 - Reversal of judgment; new action to be brought within 1 year.
NRS 11.350 - Action stayed by injunction.
NRS 11.360 - Disability must exist when right of action accrued.
NRS 11.370 - Coexisting disabilities must be removed.
NRS 11.380 - Actions against directors or stockholders of corporations.
NRS 11.390 - Acknowledgment or new promise must be in writing; exception.
NRS 11.500 - Recommencement of actions dismissed for lack of subject matter jurisdiction.