Nevada Remedies; Special Actions and Proceedings

Sec. § 41.0339
Circumstances under which official attorney to provide defense or employ special counsel.


1.

The official attorney shall provide for the defense, including the defense of cross-claims and counterclaims, of any present or former local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator in any civil action brought against that person based on any alleged act or omission relating to the person’s public duties or employment, or any other person who is named as a defendant in a civil action solely because of an alleged act or omission relating to the public duties or employment of a local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator, if:

(a)

Within 15 days after service of a copy of the summons and complaint or other legal document commencing the action, the person submits a written request for defense:

(1)

To the official attorney; or

(2)

If the officer, employee or immune contractor has an administrative superior, to the administrator of the person’s agency and the official attorney; and

(b)

The official attorney has determined that the act or omission on which the action is based appears to be within the course and scope of public duty or employment and appears to have been performed or omitted in good faith.

2.

If the official attorney determines that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by the official attorney or a deputy of the official attorney, the official attorney must employ special counsel pursuant to NRS 41.03435 or 41.0344, whichever is applicable.
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Last accessed
Feb. 5, 2021