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Authority to act. NRS 53.070 Uniformity of interpretation. _________ AFFIDAVITS NRS 53.010 Persons before whom affidavits may be taken for use in this State. An affidavit to be used before any court, judge or officer of this State may be taken before any justice, judge or clerk of any court, or any justice of the peace or notary public in this State. [1911 CPA § 508; RL § 5450; NCL § 8997] NRS 53.020 Taking of affidavits in other states and territories for use in this State. An affidavit taken in another state or in a territory of the United States to be used in this State shall be taken before a commissioner appointed by the Governor of this State to take affidavits and depositions in such other state or territory, or before any notary public or judge of a court of record having a seal. [1911 CPA § 509; RL § 5451; NCL § 8998] NRS 53.030 Certification of signature of officer to affidavit taken in another state or territory. When an affidavit is taken before a judge of a court in another state or in a territory of the United States, the genuineness of the signature of the judge, the existence of the court, and the fact that such judge is a member thereof shall be certified by the clerk of the court, under the seal thereof. [1911 CPA § 511; A 1933, 140; 1931 NCL § 9000] NRS 53.040 Taking of affidavits in foreign countries. An affidavit taken in a foreign country to be used in this State shall be taken before an ambassador, minister, consul, vice consul or other consular agent of the United States, or any notary public or other person authorized by the laws of such country to administer oaths, or before any judge of a court of record of such foreign country, with the seal of the court attached, if there be one, and if there be none, then with a statement attached by the judge or clerk of the court to the effect that the court has no seal. [1911 CPA § 510; A 1923, 136; 1933, 140; 1931 NCL § 8999] NRS 53.045 Use of unsworn declaration in lieu of affidavit or other sworn declaration. Any matter whose existence or truth may be established by an affidavit or other sworn declaration may be established with the same effect by an unsworn declaration of its existence or truth signed by the declarant under penalty of perjury, and dated, in substantially the following form: 1. If executed in this State: “I declare under penalty of perjury that the foregoing is true and correct.” Executed on........................................... ....................................................................... (date) (signature) 2. If executed outside this State: “I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct.” Executed on........................................... ....................................................................... (date) (signature) (Added to NRS by 1993, 2741; A 2001, 2349) FOREIGN DEPOSITIONS (UNIFORM ACT) NRS 53.050 Short title. This section and NRS 53.060 and 53.070, may be cited as the Uniform Foreign Depositions Act. (Added to NRS by 1971, 802) NRS 53.060 Authority to act. Whenever any mandate, writ or commission is issued out of any court of record in any other state, territory, district or foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness or witnesses in this State, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in this State. (Added to NRS by 1971, 802) NRS 53.070 Uniformity of interpretation. This section and NRS 53.050 and 53.060, shall be so interpreted and construed as to effectuate their general purposes to make uniform the law of those states which enact them. (Added to NRS by 1971, 802) CHAPTER 55 - FINDINGS OF PRESUMED DEATH NRS 55.010 Finding of presumed death admissible in evidence. NRS 55.020 Official written reports admissible in evidence. NRS 55.030 Signed findings, reports, records and certified copies as prima facie evidence. _________ NRS 55.010 Finding of presumed death admissible in evidence. A written finding of presumed death, made by the Secretary of the Army, the Secretary of the Navy, or other officer or employee of the United States authorized to make such finding, pursuant to the Federal Missing Persons Act (56 Stat. 143, 1092, and P.L. 408, ch. 371, second session Seventy-eighth Congress; 50 U.S.C. App. Supp. 1001-17), as now or hereinafter amended, or a duly certified copy of such finding, shall be received in any court, office or other place in this State as evidence of the death of the person therein found to be dead, and of the date, circumstances and place of his disappearance as far as the same may be disclosed by such finding. [1:131:1945; 1943 NCL § 9933] NRS 55.020 Official written reports admissible in evidence. An official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or beleaguered, besieged, or captured by an enemy, or is dead, or is alive, made by any officer or employee of the United States authorized to make same by the Act referred to in NRS 55.010 or by any other law of the United States, shall be received in any court, office or other place in this State as evidence that such person is missing, missing in action, interned in a neutral country, or beleaguered, besieged, or captured by an enemy, or is dead, or is alive, as the case may be. [2:131:1945; 1943 NCL § 9933.01] NRS 55.030 Signed findings, reports, records and certified copies as prima facie evidence. For the purposes of NRS 55.010 and 55.020 any finding, report or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in those sections, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of his authority so to certify. [3:131:1945; 1943 NCL § 9933.02] Title 6 - JUSTICE COURTS AND CIVIL PROCEDURE THEREIN CHAPTER 64 - GENERAL PROVISIONS NRS 64.010 Provisions of NRS applicable to Justice Courts. NRS 64.020 Definitions. NRS 64.030 “Affinity” defined. NRS 64.040 “Month” defined. NRS 64.050 “Oath” defined. NRS 64.060 “Personal property” defined. NRS 64.070 “Process” defined. NRS 64.080 “Property” defined. NRS 64.090 “Real property” defined. NRS 64.100 “State” defined. NRS 64.110 “United States” defined. NRS 64.120 “Will” defined. NRS 64.130 “Writ” defined. NRS 64.140 “Writing” defined. NRS 64.150 Interpretation. NRS 64.160 Signature by mark. _________ NRS 64.010 Provisions of NRS applicable to Justice Courts. Justice Courts being courts of peculiar and limited jurisdiction, only those provisions of titles 2, 3 and 4 which are, in their nature, applicable to the organization, powers and course of proceedings in Justice Courts or which have been made applicable by special provisions of NRS, are applicable to Justice Courts and the proceedings therein. [1911 CP

Vegas Law




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