Nevada § 37.170 - Plaintiff may continue in or be placed in possession pending conclusion of litigation; effect of defendant's receipt of money on deposit; judgments

§ 37.170. Plaintiff may continue in or be placed in possession pending conclusion of litigation; effect of defendant's receipt of money on deposit; judgments

1. At any time after the entry of judgment, or pending an appeal by either party from

the judgment to the appellate court of competent jurisdiction pursuant to the rules

fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution , whenever the plaintiff has paid into court for the defendant the full amount of

the judgment, and such further sum as may be required by the court as a fund to pay

any further damages and costs that may be recovered in the proceedings, as well as

all damages that may be sustained by the defendant, if for any cause the property

is not finally taken for public use, the plaintiff, if already in possession, may

continue therein, and if not, the court shall, upon motion of the plaintiff, authorize

the plaintiff to take possession of and use the property during the pendency of and

until the final conclusion of the litigation, and shall, if necessary, stay all actions

and proceedings against the plaintiff on account thereof. The plaintiff must not be held to have abandoned or waived the right to appeal from

the judgment by paying into court the amount of the judgment and such further sum

as may be required by the court and taking possession of the property pursuant to

this subsection. 2. The defendant, who is entitled to the money paid into court for the defendant upon

any judgment, is entitled to demand and receive that money at any time after obtaining

an order therefor from the court. The court or judge thereof shall, upon application being made by the defendant and

notice to all parties, order and direct that the money so paid into court be delivered

to the defendant upon the defendant's filing a satisfaction of the judgment, or upon

the defendant's filing a receipt for the money and an abandonment of all defenses

to the action or proceeding, except as to the amount of damages that the defendant

may be entitled to if a new trial is granted. A payment to a defendant pursuant to this subsection shall be deemed to be an abandonment

by that defendant of all defenses interposed by the defendant excepting his or her

claim for greater compensation. 3. If the amount of the compensation awarded upon final judgment exceeds the sum paid

into court, the court shall enter judgment against the plaintiff and in favor of the

defendant for the amount of the excess plus interest. If the amount of the compensation awarded upon final judgment is less than the sum

paid into court and paid to the defendant, the court shall enter judgment in favor

of the plaintiff and against the defendant for the amount of the excess plus interest.