Nevada § 412.154 - Immunity from civil and criminal liability; counsel; costs; security for costs; exemption from certain process, summons and notice

§ 412.154. Immunity from civil and criminal liability; counsel; costs; security for costs; exemption from certain process, summons and notice

1. Members of the Nevada National Guard ordered into active service of the State pursuant

to this chapter are not liable civilly or criminally for any act done by them in the

performance of their duty. When an action or proceeding of any nature is commenced in any court by any person

against any officer of the militia for any act done by the officer in his or her official

capacity in the discharge of any duty pursuant to this chapter, or an alleged omission

by the officer to do an act which it was his or her duty to perform, or against any

person acting pursuant to the authority or order of such an officer, or by virtue

of any warrant issued by the officer pursuant to law, the defendant: (a) May have counsel of his or her own selection, with the cost of such counsel to

be borne by the defendant; or (b) Must be defended by the Attorney General in civil actions and by the State Judge

Advocate in criminal actions, with the cost of such counsel to be paid out of the

Reserve for Statutory Contingency Account upon approval by the State Board of Examiners

unless the defendant was found to have been criminally negligent or to have acted

wantonly or maliciously, in which case the cost of such counsel must be borne by the

defendant, and may require the person instituting or prosecuting the action or proceeding to

file security for the payment of costs that may be awarded to the defendant therein. 2. A defendant in whose favor a final judgment is rendered in an action or a final

order is made in a special proceeding shall recover his or her costs. 3. No member of the Nevada National Guard may be arrested on any civil process while

going to, remaining at, or returning from any place at which he or she is required

to attend for military duty. 4. A person may not serve a summons for, or notice of, a civil action or administrative

proceeding against a member of the Nevada National Guard, and any such action or proceeding

must be postponed, stayed or delayed, during any period in which the member: (a) Assembles for training, participates in field training or active duty training,

or otherwise meets as required pursuant to NRS 412.118 ; (b) Begins active service or duty upon the ordered date of reporting pursuant to NRS 412.122 or 412.124 ; or (c) Is going to or returning from any duty, service or training specified in paragraph

(a) or (b).