1. Except as otherwise provided in NRS 179.1156 to 179.1205, inclusive, the Nevada Rules of Civil Procedure are applicable to and constitute the rules of practice in a proceeding for forfeiture pursuant to those sections.
2. A proceeding for forfeiture is commenced by filing a complaint for forfeiture. If the property has been seized without process, the plaintiff shall file the complaint for forfeiture within 120 days after the property is seized. The property is subject to an action to claim its delivery only if the plaintiff does not file the complaint for forfeiture within 60 days after the property is seized. If the complaint for forfeiture is filed following the commencement of an action claiming delivery, the complaint must be treated as a counterclaim.
3. If a law enforcement agency seizes property, the property must not be forfeited unless:
(a) The agency files a complaint for forfeiture in the district court for the county in which the property is located; or
(b) A stipulated agreement between the parties regarding the property is reached.
4. A proceeding for forfeiture is in rem. The complaint for forfeiture must be filed in the district court for the county in which the property which is the subject of the proceeding is located.
5. The plaintiff shall cause service of the summons and complaint to be made upon each claimant whose identity is known to the plaintiff or who can be identified through the exercise of reasonable diligence. If real property or any interest in real property is affected by the proceeding, the plaintiff shall file notice of the proceeding in the manner provided in NRS 14.010.
6. Each claimant served with the summons and complaint who desires to contest the forfeiture shall, within 20 days after the service, serve and file a verified answer to the complaint. The claimant shall admit or deny the averments of the complaint and shall, in short and plain terms, describe the interest which the claimant asserts in the property. Concurrently with the answer, the claimant shall serve answers or objections to any written interrogatories served with the summons and complaint.
7. No person, other than the plaintiff and any claimant, is a proper party in the proceeding.
(Added to NRS by 1987, 1381; A 2015, 2501)
Structure Nevada Revised Statutes
NRS 179.011 - "No-knock warrant" defined.
NRS 179.015 - "Property" defined.
NRS 179.025 - Authority for issuance.
NRS 179.035 - Grounds for issuance.
NRS 179.065 - Person charged with felony may be searched.
NRS 179.075 - Execution and return of warrant with inventory.
NRS 179.077 - Execution and return of warrant for collection of biological specimen.
NRS 179.079 - Additional requirements for execution of no-knock warrant.
NRS 179.085 - Motions for return of property and to suppress evidence.
NRS 179.095 - Return of papers to clerk.
NRS 179.11512 - "Property" defined.
NRS 179.11514 - Grounds for issuance and contents.
NRS 179.11518 - Return of property subject to attorney-client privilege.
NRS 179.1158 - "Claimant" defined.
NRS 179.1159 - "Plaintiff" defined.
NRS 179.1161 - "Proceeds" defined.
NRS 179.1162 - "Property" defined.
NRS 179.1163 - "Protected interest" defined.
NRS 179.11635 - "Willful blindness" defined.
NRS 179.1164 - Property subject to seizure and forfeiture; exceptions.
NRS 179.1165 - Seizure of property: Requirement of process.
NRS 179.1169 - Title in property; transfer.
NRS 179.1175 - Disposition of property after seizure and forfeiture.
NRS 179.118 - Distribution of proceeds from forfeited property.
NRS 179.1185 - Issuance of certificate of title for forfeited vehicle or other conveyance.
NRS 179.1205 - Annual reports by law enforcement agencies.
NRS 179.121 - Forfeiture of personal property and conveyances used in commission of crime.
NRS 179.1213 - "Proceeds" defined.
NRS 179.1215 - "Property" defined.
NRS 179.1217 - "Technological crime" defined.
NRS 179.1219 - Property subject to forfeiture; substitution for unreachable property.
NRS 179.1221 - Forfeiture as part of plea agreement.
NRS 179.1223 - Temporary restraining order to preserve property.
NRS 179.1225 - Orders to secure property.
NRS 179.1227 - Order of forfeiture; order to protect interests of State.
NRS 179.1235 - Limitation of actions.
NRS 179.125 - Stolen or embezzled property held by peace officer subject to magistrate’s order.
NRS 179.135 - Order for delivery to owner; payment of expenses.
NRS 179.155 - Court may order return of property to owner.
NRS 179.181 - Fugitives from justice; duty of Governor.
NRS 179.185 - Governor may investigate case.
NRS 179.189 - Extradition of persons not present in demanding state at time of commission of crime.
NRS 179.191 - Governor’s warrant of arrest.
NRS 179.193 - Manner and place of execution.
NRS 179.195 - Authority of arresting officer.
NRS 179.197 - Rights of accused person; application for writ of habeas corpus.
NRS 179.199 - Penalty for noncompliance with NRS 179.197.
NRS 179.201 - Confinement in jail or detention facility when necessary.
NRS 179.203 - Arrest before requisition.
NRS 179.205 - Arrest without warrant.
NRS 179.207 - Commitment to await requisition; bail.
NRS 179.209 - Bail: In what cases; conditions of bond.
NRS 179.211 - Extension of time of commitment; adjournment.
NRS 179.213 - Forfeiture of bail.
NRS 179.215 - Persons under criminal prosecution in this State at time of requisition.
NRS 179.217 - Guilt or innocence of accused: When inquired into.
NRS 179.219 - Governor may recall warrant or issue alias.
NRS 179.221 - Fugitives from this State; duty of Governor.
NRS 179.223 - Application for issuance of requisition: By whom made; contents.
NRS 179.225 - Costs and expenses.
NRS 179.227 - Immunity from service of process in certain civil actions.
NRS 179.229 - Written waiver of extradition proceedings.
NRS 179.231 - Nonwaiver by this State.
NRS 179.233 - No right of asylum; no immunity from other criminal prosecutions while in this State.
NRS 179.2405 - Declaration of public policy.
NRS 179.242 - "Agency of criminal justice" defined.
NRS 179.243 - "Disposition" defined.
NRS 179.244 - "Record" defined.
NRS 179.2445 - Rebuttable presumption that records should be sealed; exception.
NRS 179.245 - Sealing records after conviction: Persons eligible; petition; notice; hearing; order.
NRS 179.2595 - Sealing more than one record; procedure.
NRS 179.265 - Rehearing after denial of petition: Time for; appeal.
NRS 179.273 - Sealing of records after unconditional pardon: Automatic sealing; petition; no fee.
NRS 179.295 - Reopening of sealed records.
NRS 179.301 - Inspection of certain sealed records by certain persons and agencies.
NRS 179.310 - Reward for apprehension of robber.
NRS 179.315 - Use of authorized forms.
NRS 179.320 - Warrant of arrest.
NRS 179.335 - Motion for return of seized property and suppression of evidence.
NRS 179.340 - Bail: After arrest and before preliminary examination.
NRS 179.345 - Endorsement on warrant of arrest for commitment for preliminary examination.
NRS 179.350 - Discharge after preliminary examination.
NRS 179.355 - Commitment and bail after preliminary examination.
NRS 179.360 - Commitment where defendant held to answer after preliminary examination.
NRS 179.365 - Bail after preliminary examination and before arraignment.
NRS 179.380 - Warrant upon finding of presentment, indictment or information.
NRS 179.390 - Subpoena; subpoena duces tecum.
NRS 179.395 - Bench warrant after conviction.
NRS 179.400 - Undertaking on recommitment.
NRS 179.415 - "Aggrieved person" defined.
NRS 179.420 - "Contents" defined.
NRS 179.421 - "Electronic communication" defined.
NRS 179.423 - "Electronic communication service" defined.
NRS 179.425 - "Electronic, mechanical or other device" defined.
NRS 179.430 - "Intercept" defined.
NRS 179.435 - "Investigative or law enforcement officer" defined.
NRS 179.440 - "Oral communication" defined.
NRS 179.443 - "Peace officer" defined.
NRS 179.445 - "Person" defined.
NRS 179.450 - "State" defined.
NRS 179.451 - "Tracking device" defined.
NRS 179.455 - "Wire communication" defined.
NRS 179.458 - Provisions inapplicable to recording of certain telephone calls by public utility.
NRS 179.460 - Circumstances in which interception of communications may be authorized; immunity.
NRS 179.465 - Disclosure or use of intercepted communications.
NRS 179.475 - Order authorizing interception of communications: Contents; duration; extension.
NRS 179.480 - Progress reports to judge.
NRS 179.490 - Sealing of applications and orders; disclosure.
NRS 179.495 - Notice to parties to intercepted communications.
NRS 179.505 - Motion to suppress.
NRS 179.510 - Appeal by State from order granting motion to suppress.
NRS 179.530 - Order authorizing installation and use of pen register or trap and trace device.
NRS 179.535 - Receipt for property taken from person arrested for public offense.