Nevada § 12.015 - Actions involving indigent persons

§ 12.015. Actions involving indigent persons

1. Any person who desires to prosecute or defend a civil action without paying the

costs for prosecuting or defending the action may: (a) File, on a form provided by the court, an application to proceed as an indigent

litigant, which must include a declaration that complies with the provisions of NRS 53.045 ; or (b) If the person is a client of a program for legal aid, submit to the court a statement

of representation or otherwise indicate to the court that the person is a client of

a program for legal aid. 2. The court shall allow a person to commence or defend the action without costs and

file or issue any necessary writ, process, pleading or paper without charge if: (a) Based on its review of an application filed pursuant to paragraph (a) of subsection

1, the court determines that the application should be granted and the person may

proceed as an indigent litigant because the person: (1) Is receiving benefits provided by a federal or state program of public assistance; (2) Has a household net income which is equal to or less than 150 percent of the federally

designated level signifying poverty as provided in the most recent federal poverty

guidelines published in the Federal Register by the United States Department of Health

and Human Services; (3) Has expenses for the necessities of life that exceed his or her income; or (4) Has otherwise shown compelling reasons that he or she cannot pay the costs of

prosecuting or defending the action. (b) The person has submitted a statement of representation or otherwise indicated

to the court that the person is a client of a program for legal aid pursuant to paragraph

(b) of subsection 1. The sheriff or another appropriate public officer within this State shall make personal

service of any necessary writ, process, pleading or paper without charge for an applicant

whose application has been granted or a person who has submitted a statement of legal

representation or otherwise indicated to the court that the person is a client of

a program for legal aid. 3. If the person is required to have proceedings reported or recorded, or if the court

determines that the reporting, recording or transcription of proceedings would be

helpful to the adjudication or appellate review of the case, the court shall order

that the reporting, recording or transcription be performed at the expense of the

county in which the action is pending but at a reduced rate as set by the county. 4. If the person prevails in the action, the court shall enter its order requiring

the losing party to pay into court within 5 days the costs which would have been incurred

by the prevailing party, and those costs must then be paid as provided by law. 5. If an applicant files an application to proceed as an indigent litigant pursuant

to paragraph (a) of subsection 1 to defend an action, the running of the time within

which to appear and answer or otherwise defend the action is tolled during the period

between the filing of the application and the decision of the court to grant or deny

the application. 6. The filing of an application to proceed as an indigent litigant pursuant to paragraph

(a) of subsection 1 and any application or request filed with the application and

the submission of a statement of legal representation or other indication to the court

that the person is a client of a program for legal aid pursuant to paragraph (b) of

subsection 1 do not constitute a general appearance before the court by the applicant

or person or give the court personal jurisdiction over the applicant or person. 7. The decision of a court granting or denying an application to proceed as an indigent

litigant filed pursuant to paragraph (a) of subsection 1 is not appealable. 8. As used in this section, “ client of a program for legal aid ” means a person: (a) Who is represented by an attorney who is employed by or volunteering for a program

for legal aid organized under the auspices of the State Bar of Nevada, a county or

local bar association, a county or municipal program for legal services or other program

funded by this State or the United States to provide legal assistance to indigent

persons; and (b) Whose eligibility for such representation is based upon indigency.