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Nevada Injury Law

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Vegas Law

Attorney General. 4. This section does not prohibit the district attorney of any county from filing an action pursuant to the provisions of NRS 598.0985 to 598.099, inclusive, if the referral of any matters subject to the provisions of NRS 598.0903 to 598.0999, inclusive, to any state agency, board, official or other regulatory authority would cause immediate harm to the public of this state or endanger the public health, safety or welfare, and such facts are shown by affidavit or by verified complaint. (Added to NRS by 1973, 1486; A 1983, 885; 1985, 1481)—(Substituted in revision for NRS 598.560) NRS 598.0985 Actions by district attorney: Injunctive relief. Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, and notwithstanding the enforcement powers granted to the Commissioner or Director pursuant to NRS 598.0903 to 598.0999, inclusive, whenever the district attorney of any county has reason to believe that any person is using, has used or is about to use any deceptive trade practice, knowingly or otherwise, he may bring an action in the name of the State of Nevada against that person to obtain a temporary or permanent injunction against the deceptive trade practice. (Added to NRS by 1973, 1487; A 1983, 885; 1985, 2259)—(Substituted in revision for NRS 598.570) NRS 598.0987 Actions by district attorney: Preliminary notice required before filing; exception. Except as otherwise provided in NRS 598.099, appropriate notice must be given by the district attorney to any person against whom an action is brought pursuant to NRS 598.0985. Such notice must state generally the relief sought and be served in accordance with NRS 598.0997 at least 10 days prior to the filing of the action. (Added to NRS by 1973, 1487)—(Substituted in revision for NRS 598.580) NRS 598.0989 Actions by district attorney: Venue; powers of court. Any action brought pursuant to NRS 598.0963 or 598.0977 to 598.099, inclusive, may be brought: 1. In a district court in the county in which the defendant resides or has his principal place of business; 2. In the district court in Carson City if the parties consent thereto; or 3. In the district court in any county where a deceptive trade practice has occurred. Any court in which an action is brought pursuant to those sections may issue any temporary or permanent injunction in accordance with the Nevada Rules of Civil Procedure to restrain and prevent any violation of any provisions of NRS 598.0903 to 598.0999, inclusive, and such injunctions must be issued without bond. (Added to NRS by 1973, 1487; A 1985, 1482)—(Substituted in revision for NRS 598.590) NRS 598.099 Injunctions without prior notice. Whenever the district attorney or the Attorney General has reason to believe that the delay caused by complying with the notice requirement of NRS 598.0987 or the requirements of subsection 3 of NRS 598.0963 would cause immediate harm to the public of this state or endanger the public welfare, he may immediately institute an action for injunctive relief, including a request for a temporary restraining order, upon proof of specific facts shown by affidavit or by verified complaint or otherwise that such immediate harm will be or is likely to be caused by the delay. The Attorney General shall give written notice of the filing by him of such an action to the Commissioner or Director. The Nevada Rules of Civil Procedure pertaining to the issuance of temporary restraining orders govern all actions instituted pursuant to this section. (Added to NRS by 1973, 1487; A 1985, 1482)—(Substituted in revision for NRS 598.600) NRS 598.0993 Relief for injured persons. The court in which an action is brought pursuant to NRS 598.0979 and 598.0985 to 598.099, inclusive, may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practice which violates any of the provisions of NRS 598.0903 to 598.0999, inclusive, but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred. (Added to NRS by 1973, 1487)—(Substituted in revision for NRS 598.610) NRS 598.0995 Assurances of discontinuance. 1. In proceeding pursuant to subsection 3 of NRS 598.0963 or NRS 598.0987 to 598.0995, inclusive, the district attorney or Attorney General may accept an assurance of discontinuance with respect to any method, act or practice deemed to be a deceptive trade practice from any person who is engaged or is about to engage in the method, act or practice by following the procedures set forth in subsection 2 of NRS 598.0979. 2. Any assurance made pursuant to subsection 1 must be in writing and must be filed with and subject to the approval of the district court in the county in which the alleged violator resides or has his principal place of business, or the district court in any county where any deceptive trade practice has occurred or is about to occur or the district court agreed to by the parties. 3. An assurance of discontinuance made pursuant to subsections 1 and 2 is not an admission of violation for any purpose, but is subject to the terms, limitations and conditions of NRS 598.0979. (Added to NRS by 1973, 1488; A 1985, 1482, 2259)—(Substituted in revision for NRS 598.620) NRS 598.0997 Service of notices. Service of any notice under NRS 598.0985 to 598.0995, inclusive, shall be made by personal service within the State of Nevada, but if such service cannot be obtained, substituted service therefor may be made in any of the following ways: 1. Personal service thereof outside the State of Nevada; 2. The mailing thereof by registered or certified mail to the last known place of business, residence or both, whether inside or outside the State of Nevada, of such person for whom the notice is intended, in which event such service shall be deemed complete upon the third day following the mailing of any notice required under this section; 3. As to any person other than a natural person, service shall be in the manner provided in the Nevada Rules of Civil Procedure for completing service of process on such a person, corporation, association or organization; or 4. Such service as any district court may direct in lieu of personal service within the State of Nevada. (Added to NRS by 1973, 1488)—(Substituted in revision for NRS 598.630) NRS 598.0999 Civil and criminal penalties for violations. 1. Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive. 2. Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $5,000 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs. 3. A natural person, firm, or any officer or managing agent of any corporation or association who knowingly an

Vegas Law




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