Nevada Revised Statutes
Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons
NRS 41.960 - Reduction of award because of previous action or settlement; notification of settlement or award; reimbursement; calculation of award not to include certain items.


1. If a person in an action brought pursuant to NRS 41.900 has previously won a monetary award against this State or against any other governmental entity in a civil action related to his or her wrongful conviction, the person is only entitled to receive any amount described in NRS 41.950, less the award obtained in the previous civil action.
2. If a person in an action brought pursuant to NRS 41.900 has entered into a settlement agreement with this State or with any other governmental entity related to his or her wrongful conviction, the person is only entitled to receive any amount described in NRS 41.950, less the amount of the settlement agreement.
3. A person who received compensation from this State in his or her action brought pursuant to NRS 41.900, whether through an award of damages or a settlement, and who subsequently receives a civil settlement or award relating to his or her wrongful conviction shall:
(a) Not later than 4 months after the date of the subsequent civil settlement or award, notify the State Board of Examiners of the subsequent civil settlement or award; and
(b) Not later than 6 months after the date of the subsequent civil settlement or award, reimburse this State for the compensation previously received, not to exceed the amount of the monetary compensation which the person receives in the subsequent civil settlement or award.
4. If a person who received compensation from this State in his or her action brought pursuant to NRS 41.900, whether through an award of damages or a settlement, and who subsequently receives a civil settlement or award relating to his or her wrongful conviction does not notify the State Board of Examiners or reimburse this State pursuant to subsection 3, a court may order the termination of any future payment awarded pursuant to subsection 2 of NRS 41.950.
5. The calculation of an award of damages or a settlement amount pursuant to this section must not include items listed in subsection 2 of NRS 41.950, including, without limitation, attorney’s fees and the costs for bringing the action.
6. As used in this section, "governmental entity" has the meaning ascribed to it in NRS 363C.040.
(Added to NRS by 2019, 4369; A 2021, 1377)

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Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons

NRS 41.010 - Commencement of action; service of summons upon State Controller.

NRS 41.020 - Attorney General to defend; appeals.

NRS 41.030 - State Controller to draw warrant upon final judgment.

NRS 41.0305 - "Political subdivision" defined.

NRS 41.0307 - "Employee," "employment," "immune contractor," "public officer" and "officer" defined.

NRS 41.0308 - Volunteer crossing guard for county school district deemed employee of political subdivision of State if volunteer has completed approved training.

NRS 41.0309 - Employee of or volunteer for public fire-fighting agency deemed employee of State or political subdivision of State.

NRS 41.031 - Waiver applies to State and its political subdivisions; naming State as defendant; service of process; State does not waive immunity conferred by Eleventh Amendment.

NRS 41.032 - Acts or omissions of officers, employees and immune contractors.

NRS 41.0322 - Actions by persons in custody of Department of Corrections to recover compensation for loss or injury.

NRS 41.0325 - Negligence or willful misconduct of minor driver in legal custody of State.

NRS 41.0327 - Injuries arising from acts incident to certain solicitations of charitable contributions.

NRS 41.033 - Failure to inspect or discover hazards, deficiencies or other matters; inspection does not create warranty or assurance concerning hazards, deficiencies or other matters.

NRS 41.0331 - Construction of fence or other safeguard around dangerous condition at abandoned mine.

NRS 41.0332 - Acts or omissions of volunteer school crossing guards.

NRS 41.0333 - Acts or omissions of members or employees of Nevada National Guard.

NRS 41.0334 - Persons engaged in certain criminal acts in or on public buildings or vehicles; exceptions.

NRS 41.0335 - Actions against certain officers and employees of political subdivisions for acts or omissions of other persons.

NRS 41.0336 - Acts or omissions of firefighters or law enforcement officers.

NRS 41.03365 - Actions concerning equipment or personal property donated in good faith to volunteer fire department.

NRS 41.0337 - State or political subdivision to be named party defendant.

NRS 41.03375 - Definitions.

NRS 41.03377 - "Local judicial officer" defined.

NRS 41.0338 - "Official attorney" defined.

NRS 41.03385 - "State judicial officer" defined.

NRS 41.0339 - Circumstances under which official attorney to provide defense or employ special counsel.

NRS 41.0341 - Time for filing responsive pleading.

NRS 41.03415 - Determination by official attorney whether or not to tender defense.

NRS 41.0342 - Arrangements and circumstances of defense not admissible in evidence.

NRS 41.0343 - Waiver of attorney-client privilege may not be required.

NRS 41.03435 - Employment of special counsel by Attorney General.

NRS 41.0344 - Employment of special counsel by chief legal officer or attorney of political subdivision.

NRS 41.0345 - Defense may be tendered to insurer authorized to defend action.

NRS 41.03455 - Defendant may employ own counsel.

NRS 41.0346 - Withdrawal of official attorney as attorney of record.

NRS 41.0347 - Liability of State or political subdivision for failure to provide defense.

NRS 41.03473 - Provisions providing for defense by official attorney do not abrogate, alter or affect immunity or protection provided by law.

NRS 41.03475 - No judgment against State or political subdivision permitted for acts outside scope of public duties or employment; exception.

NRS 41.0348 - Special verdict required.

NRS 41.0349 - Indemnification of present or former public officer, employee, immune contractor or State Legislator.

NRS 41.035 - Limitation on award for damages in tort actions. [Effective through June 30, 2022.] Limitation on award for damages in tort actions. [Effective July 1, 2022.]

NRS 41.036 - Filing tort claim against State with Attorney General; filing tort claim against political subdivision with governing body; review and investigation by Attorney General of tort claim against State; regulations by State Board of Examiners...

NRS 41.037 - Administrative settlement of claims or actions.

NRS 41.0375 - Agreement to settle: Prohibited contents; required contents; constitutes public record; void under certain circumstances.

NRS 41.038 - Insurance of officers, employees and immune contractors of State or local government against liability.

NRS 41.0385 - Claims made against state agencies and local governments for tortious conduct: Annual filing of summary of claims with Secretary of State or clerk of local government; summaries of claims are public records.

NRS 41.039 - Filing of valid claim against political subdivision condition precedent to commencement of action against immune contractor, employee or officer.

NRS 41.0393 - Grounds for award; application; eligibility; receipt of evidence and testimony; payment of award; payment of interest following unsuccessful appeal; definitions.

NRS 41.0395 - Person from whom firearm is unlawfully confiscated may commence action against State or political subdivision responsible for confiscation; court in which action may be commenced; court shall award attorney’s fees and costs.

NRS 41.0397 - Prohibition against engaging in certain patterns or practices; investigation by Attorney General; civil action; venue; issuance of subpoenas; confidentiality of investigation; issuance of report by Attorney General; reprisal or retaliat...

NRS 41.040 - Appointment and bond of elisor.

NRS 41.050 - Execution of process by elisor.

NRS 41.060 - Arrest and confinement of sheriff in a civil action.

NRS 41.070 - Powers, duties and fees of elisors.

NRS 41.071 - Legislative privilege and immunity for State Legislators.

NRS 41.075 - Limitations on liability of Committee on Local Government Finance.

NRS 41.085 - Heirs and personal representatives may maintain action.

NRS 41.095 - Presumption that person using deadly force against intruder in person’s residence, transient lodging or motor vehicle has reasonable fear of death or bodily injury; person who uses deadly force is immune from civil liability under certai...

NRS 41.100 - Cause of action not lost by reason of death; damages; recovery for loss arising out of unfair practice regarding policy of life insurance; subrogation.

NRS 41.130 - Liability for personal injury.

NRS 41.1305 - Liability of person who serves, sells or furnishes alcoholic beverages for damages caused as a result of consumption of alcoholic beverage: No liability if person served is 21 years of age or older; liability in certain circumstances if...

NRS 41.1307 - Liability of person who serves, sells or furnishes cannabis or cannabis product for damages caused as a result of consumption of cannabis or cannabis product: No liability if person served is 21 years of age or older; liability in certa...

NRS 41.131 - Limitation on basis of liability of manufacturers and distributors of firearms and ammunition.

NRS 41.1315 - Limitation on liability of property owner for injury or damage on sidewalk in public right-of-way.

NRS 41.133 - Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury.

NRS 41.134 - Action for damages for injuries resulting from acts of domestic violence; award of costs and attorney’s fees to injured person.

NRS 41.1345 - Action for damages for injuries resulting from unlawful use, possession, sale or transfer of personal identifying information; award of costs and attorney’s fees to injured person; punitive damages; limitation on time for commencement o...

NRS 41.1347 - Action for damages for dissemination of personal identifying information or sensitive information; attorney’s fees and costs; exceptions; joint and several liability; injunctive relief; interactive computer service not liable for conten...

NRS 41.135 - Limitation on liability of victims of certain crimes for injury or damage sustained by offender.

NRS 41.138 - Action for unwelcome or nonconsensual sexual conduct; rebuttable presumption that sexual conduct was unwelcome or nonconsensual if alleged perpetrator was person in position of authority over alleged victim.

NRS 41.139 - Actions by peace officers, firefighters and emergency medical attendants for injury resulting from willful acts or negligent management of property; employer not liable.

NRS 41.1391 - Standard of care and duty of certain first responders not affected by training relating to developmental disabilities.

NRS 41.1393 - Discharge of duty to warn trespasser against dangerous condition.

NRS 41.1395 - Action for damages for injury or loss suffered by older or vulnerable person from abuse, neglect or exploitation; double damages; attorney’s fees and costs.

NRS 41.1396 - Action for damages for injury suffered by victim of pornography involving minors; presumed statutory damages; attorney’s fees and costs; protection of victim’s identity; limitation on defenses.

NRS 41.13965 - Action involving plaintiff who is victim of sexual abuse or sexual exploitation; judgment of conviction of perpetrator is conclusive evidence of sexual abuse or sexual exploitation; liability of person who benefits from sexual abuse or...

NRS 41.1397 - Liability of owner or operator of house of prostitution for employment of prostitute tested positive for exposure to human immunodeficiency virus.

NRS 41.1398 - Action for damages for unlawful disclosure of certain confidential information relating to victim of sexual assault.

NRS 41.1399 - Action by victim of human trafficking; venue; damages and other relief; attorney’s fees and costs; statute of limitations; joinder of parties; limitation on defenses.

NRS 41.141 - When comparative negligence not bar to recovery; jury instructions; liability of multiple defendants.

NRS 41.191 - Declaration of domicile in Nevada.

NRS 41.193 - Declaration of domicile in other state.

NRS 41.195 - Signing and recording of declaration; fee.

NRS 41.197 - Other methods of proving domicile not repealed or abrogated.

NRS 41.200 - Compromise by parent or guardian of claim by minor against third person; requirements of court petition; establishment of blocked financial investment for proceeds of compromise under certain circumstances; no fees to be charged in proce...

NRS 41.209 - Applicability.

NRS 41.210 - District courts empowered to establish date and place of birth and parentage.

NRS 41.220 - Procedure; examination of records by State Registrar of Vital Statistics.

NRS 41.230 - Hearing.

NRS 41.240 - Court order establishing facts as presented to court.

NRS 41.250 - Recording of decree.

NRS 41.260 - No fees to be charged by clerk of the court.

NRS 41.270 - Verified petition.

NRS 41.280 - When publication of notice is required.

NRS 41.290 - Order of court; hearing on objections; disposition and rescission of order.

NRS 41.291 - Definitions.

NRS 41.293 - "Other parent" defined.

NRS 41.294 - "Petitioning parent" defined.

NRS 41.295 - Verified petition.

NRS 41.296 - When notice to nonpetitioning parent is required.

NRS 41.297 - Order of court; hearing on objections; disposition of order.

NRS 41.298 - Petitions filed under other provisions of law.

NRS 41.299 - Provisions do not apply to unemancipated minor in legal custody of agency which provides child welfare services.

NRS 41.2991 - "Agency which provides child welfare services" defined.

NRS 41.2993 - Verified petition.

NRS 41.2995 - When notice to parent is required.

NRS 41.2997 - Order of court; hearing on objection; disposition of order; factors to be considered by court in determining best interest of unemancipated minor and making specific findings.

NRS 41.2999 - Petitions filed under other provisions of law.

NRS 41.300 - Insane persons; presumption of legal capacity on discharge.

NRS 41.310 - Adjudication of sanity.

NRS 41.320 - Petition seeking restoration of status as sane; notice.

NRS 41.325 - Notice of adjudication of sanity to be given to Administrative Officer and Medical Director of Northern Nevada Adult Mental Health Services.

NRS 41.330 - Conduct of proceedings by county officers; no fees to be charged.

NRS 41.331 - Definitions.

NRS 41.332 - "Actual malice" defined.

NRS 41.333 - "Exemplary damages" defined.

NRS 41.334 - "General damages" defined.

NRS 41.335 - "Special damages" defined.

NRS 41.336 - Special damages; notice and demand for correction.

NRS 41.337 - General, special and exemplary damages.

NRS 41.338 - Correction before demand.

NRS 41.340 - Liability of owners or operators of broadcasting stations for defamation published by another; exercise of due care.

NRS 41.350 - Liability of owner or operator originating broadcast.

NRS 41.360 - Liability when broadcast cannot be censored.

NRS 41.365 - Action for damages.

NRS 41.370 - Public policy against causes of action for breach of promise, alienation of affections and criminal conversation.

NRS 41.380 - Causes of action abolished.

NRS 41.390 - Time for commencing accrued causes of action for criminal conversation.

NRS 41.400 - Act or contract gives no right of action.

NRS 41.410 - Unlawful to file actions after July 1, 1979.

NRS 41.420 - Penalty.

NRS 41.430 - Conditions for jurisdiction of State of Nevada.

NRS 41.440 - Imposition of liability.

NRS 41.450 - Operator to be made party defendant; recourse on recovery of judgment.

NRS 41.460 - When debtor in possession or long-term lessee deemed owner of motor vehicle.

NRS 41.470 - Imposition of liability for minor’s willful misconduct.

NRS 41.472 - Imposition of liability for minor’s negligence or willful misconduct regarding firearm.

NRS 41.480 - Imposition of liability; conditions and limitations on actions based on acts and omissions of officers or directors.

NRS 41.485 - Conditions and limitations on actions: Acts and omissions of volunteers of charitable organizations.

NRS 41.491 - Limitations on liability.

NRS 41.495 - Limitations on liability.

NRS 41.500 - General rule; volunteers; members of search and rescue organization; persons rendering cardiopulmonary resuscitation or using defibrillator; presumptions relating to emergency care rendered on public school grounds or in connection with...

NRS 41.503 - Hospital care or assistance necessitated by traumatic injury; presumption regarding follow-up care.

NRS 41.504 - Physicians, physician assistants and registered nurses who give instruction or provide supervision to emergency medical attendant during emergency; emergency medical attendants, physician assistants and nurses who obey instruction given...

NRS 41.505 - Physicians, physician assistants, nurses and dentists.

NRS 41.506 - Physicians, physician assistants and nurses who render certain emergency obstetrical care; licensed medical facilities in which certain emergency obstetrical care is rendered.

NRS 41.507 - Volunteer emergency medical dispatchers and volunteer medical directors of agencies which employ emergency medical dispatchers.

NRS 41.5075 - Behavioral health specialists who perform mobile crisis intervention services by telephone or audio-video communication.

NRS 41.508 - Civil action brought by public agency; award of costs and attorney’s fees.

NRS 41.5085 - Civil action; recovery of compensatory damages or statutory damages, punitive damages, costs and attorney’s fees; conviction of crime not required; remedies not exclusive.

NRS 41.509 - Action brought by natural parent; recovery; liability not exclusive.

NRS 41.510 - Limitation of liability; exceptions for malicious acts if consideration is given or other duty exists.

NRS 41.515 - Limitations on liability; exceptions; "trespasser" defined.

NRS 41.517 - Limitations on liability; exception; "public art" defined.

NRS 41.519 - Limitations on liability; duties of a participant in an equine activity; exceptions; definitions.

NRS 41.520 - Contents and verification of complaint; motion to require plaintiff to furnish security; order; recourse of corporation or association to security.

NRS 41.540 - Action may be brought against person causing pollution, impairment or destruction of air, water or other natural resources.

NRS 41.550 - Security for and apportionment of costs.

NRS 41.560 - Relief which may be granted.

NRS 41.570 - Provisions supplementary to existing administrative or regulatory provisions.

NRS 41.580 - Action by owner of property; treble damages.

NRS 41.590 - Lender not liable for defects in property acquired with borrowed money.

NRS 41.600 - Actions by victims of fraud. [Effective through December 31, 2021.] Actions by victims of fraud. [Effective January 1, 2022.]

NRS 41.610 - Actions against seller or manufacturer of unapproved drug for misrepresentation of its therapeutic effect.

NRS 41.620 - Liability for issuance on nonexistent account or drawing on insufficient money; liability for use of invalid credit or debit card.

NRS 41.630 - Limitations on liability.

NRS 41.635 - Definitions.

NRS 41.637 - "Good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern" defined.

NRS 41.640 - "Political subdivision" defined.

NRS 41.650 - Limitation of liability.

NRS 41.660 - Attorney General or chief legal officer of political subdivision may defend or provide support to person sued for engaging in right to petition or free speech in direct connection with an issue of public concern; special counsel; filing...

NRS 41.665 - Legislative findings and declaration regarding plaintiff’s burden of proof under NRS 41.660.

NRS 41.670 - Award of reasonable costs, attorney’s fees and monetary relief under certain circumstances; separate action for damages; sanctions for frivolous or vexatious special motion to dismiss; interlocutory appeal.

NRS 41.690 - Cause of action for damages resulting from criminal violation if perpetrator was motivated by certain characteristics of victim.

NRS 41.700 - Liability for damages caused by use of controlled substance; damages; attorney’s fees and costs.

NRS 41.705 - Definitions.

NRS 41.710 - "Advertisement" defined.

NRS 41.715 - "Electronic mail" defined.

NRS 41.720 - "Network" defined.

NRS 41.725 - "Recipient" defined.

NRS 41.730 - Action for damages; exceptions; injunctive relief.

NRS 41.735 - Immunity for persons who provide users with access to network; applicability to items of electronic mail obtained voluntarily.

NRS 41.740 - Damages for which person who kills or injures pet of another person is liable; punitive and noneconomic damages may not be awarded; limitation on amount of damages; exceptions.

NRS 41.745 - Liability of employer for intentional conduct of employee; limitations.

NRS 41.750 - Limitations on liability of employer for damages arising from or relating to child care provided to children of employee.

NRS 41.755 - Limitations on liability of employer who discloses information regarding employee to prospective employer of employee; exceptions.

NRS 41.800 - Acts for which person is liable; remedies; no criminal liability for violation of section.

NRS 41.810 - Definitions.

NRS 41.815 - "Business" defined.

NRS 41.820 - "COVID-19" defined.

NRS 41.825 - "Governmental entity" defined.

NRS 41.830 - "Nonprofit organization" defined.

NRS 41.835 - Complaint required to be pled with particularity; immunity from liability of certain entities.

NRS 41.900 - Qualifications for bringing action for wrongful conviction; required proof; weight and admissibility of evidence; appointment of counsel; "innocence" defined.

NRS 41.910 - Certificate of innocence: Entry; denial of entry and dismissal of action; sealing of records upon entry of certificate; confidentiality of records not sealed upon entry of certificate.

NRS 41.920 - Waiver of sovereign immunity; exceptions; action not subject to other requirements or limitation on damages; law relating to absolute or qualified immunity of judicial officer, prosecutor or law enforcement officer applies to action.

NRS 41.930 - Captioning of pleadings; verified statement of facts must be served upon Attorney General; proceedings held before court without jury; appeal; doctrines of res judicata and collateral estoppel do not apply to action.

NRS 41.940 - Limitation on time for commencement of action.

NRS 41.950 - Award of damages and other relief.

NRS 41.960 - Reduction of award because of previous action or settlement; notification of settlement or award; reimbursement; calculation of award not to include certain items.

NRS 41.970 - Submission of claim to State Board of Examiners; claim paid from Reserve for Statutory Contingency Account; payment not effective without prior approval of Board.