Legal Reference

Nevada Legal Glossary

Plain-English definitions of 80+ Nevada legal terms — NRS-cited and written for Las Vegas residents who need to understand the legal process.

Clark County, Nevada · Updated 2026

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This Nevada legal glossary defines 80+ commonly used legal terms in plain English, with Nevada Revised Statutes (NRS) citations where applicable. Terms cover criminal law, civil litigation, family law, bankruptcy, landlord-tenant, estate planning, and more — tailored for Las Vegas and Clark County residents navigating the legal system.

Nevada Law Legal Definitions NRS Citations Las Vegas Clark County Criminal Law Family Law Civil Litigation
ABCD EFGH IJKL MNOP QRST UVW
A
Acquittal
A not-guilty verdict returned by a jury or judge after trial. An acquittal in Nevada means the defendant cannot be tried again for the same offense under the Double Jeopardy Clause of the U.S. Constitution and Nevada Constitution Art. 1 § 8. An acquittal is not the same as innocence — it means the prosecution did not prove guilt beyond a reasonable doubt.
Adjudication
The formal legal process of resolving a dispute through a court proceeding, resulting in a final judgment. In juvenile cases, "adjudication" is the term used instead of "conviction" because juvenile proceedings are civil, not criminal. In Nevada, juvenile adjudications are handled in Clark County Family Court.
Affidavit
A written statement of facts voluntarily made under oath before a notary public or authorized officer. Affidavits are commonly used in Nevada courts as evidence in motions, family law proceedings, and restraining order applications. Signing a false affidavit constitutes perjury under NRS 199.120.
NRS 199.120 — Perjury
Answer
The defendant's formal written response to a plaintiff's complaint in a civil case. An Answer must be filed within 20 days of being served with a complaint in Nevada Justice Court, or 21 days in District Court. It admits or denies each allegation and may raise affirmative defenses.
Arraignment
The first formal court appearance after arrest where the defendant is informed of the charges and enters a plea (guilty, not guilty, or no contest). In Nevada felony cases, arraignment typically occurs within 5 days of arrest if the defendant is in custody. Misdemeanor arraignments in Las Vegas Justice Court may occur on the same day as arrest.
At-Will Employment
Nevada is an at-will employment state, meaning an employer can terminate an employee at any time for any reason — or no reason — as long as it is not illegal (such as discrimination or retaliation). Employees may also quit at any time. Exceptions include public employees, union contracts, and implied contracts created by employee handbooks.
NRS 613 — Employment Practices
B
Bail
Money or other security deposited with the court to secure a defendant's release from custody while ensuring they appear at future court dates. In Nevada, bail is set by a judge at the initial appearance. If bail is posted through a bail bondsman, the bondsman typically charges a non-refundable 10-15% premium. Failure to appear forfeits the bail.
NRS 178.484 — Bail conditions
Bench Warrant
An arrest warrant issued directly by a judge (from the "bench") — typically because a person failed to appear in court, violated probation, or failed to comply with a court order. Bench warrants in Nevada have no expiration date and will appear on background checks. Contact an attorney immediately if you have a bench warrant; self-surrendering with legal representation is almost always the better option.
Breach of Contract
The failure to perform any term of a contract without a legally valid excuse. In Nevada, the non-breaching party may sue for damages including expectation damages, consequential damages, and in some cases specific performance. The statute of limitations for written contracts is 6 years; for oral contracts, 4 years.
NRS 11.190 — Limitations periods
Burden of Proof
The obligation to prove disputed facts to a required standard. In Nevada criminal cases, the prosecution bears the burden of proving guilt "beyond a reasonable doubt" — the highest standard in law. Civil cases use "preponderance of the evidence" (more likely than not, i.e., greater than 50%). Some civil claims require "clear and convincing evidence," an intermediate standard.
C
Causation
In Nevada personal injury cases, the plaintiff must prove the defendant's negligence "caused" their injuries. This involves two tests: actual cause ("but for" the defendant's act, would the injury have occurred?) and proximate cause (was the injury a foreseeable result of the defendant's conduct?). Causation is often contested in complex accident or medical malpractice cases.
Chapter 7 Bankruptcy
A federal bankruptcy proceeding that eliminates ("discharges") most unsecured debts — credit cards, medical bills, personal loans — in exchange for liquidating non-exempt assets. In Nevada, most Chapter 7 filers keep all their property because of generous exemptions, including up to $605,000 in homestead equity. The process typically takes 3-4 months. Requires passing the Means Test.
NRS 21.090 — Nevada exemptions; 11 U.S.C. § 701 et seq.
Chapter 13 Bankruptcy
A federal bankruptcy proceeding allowing individuals with regular income to reorganize their debts into a 3-5 year repayment plan. Unlike Chapter 7, it allows debtors to catch up on mortgage arrears and keep assets that exceed exemption limits. Common in Las Vegas for homeowners who want to save their homes from foreclosure.
11 U.S.C. § 1301 et seq.
Comparative Negligence
Nevada follows the "modified comparative negligence" rule: if you are partially at fault for your own injury, your damages are reduced by your percentage of fault. However, if you are 50% or more at fault, you recover nothing. Example: if your damages are $100,000 and you are found 30% at fault, you recover $70,000.
NRS 41.141 — Comparative negligence
Contempt of Court
Any willful disobedience of a court order or disrespect of the court's authority. In Nevada, contempt can be civil (to compel compliance, such as paying ordered child support) or criminal (to punish past conduct). Civil contempt in family court is common when a parent violates a custody order or fails to pay spousal support.
NRS 22.010 — Contempt of court
Contingency Fee
A fee arrangement in which an attorney is paid a percentage of the recovery only if the case is won or settled. In Nevada personal injury cases, contingency fees typically range from 33% (pre-suit settlement) to 40% (if the case goes to trial). The client owes no attorney fee if they lose. Case expenses (filing fees, expert witnesses, depositions) may be separate from the contingency fee.
Counter-Claim
A claim filed by a defendant against the plaintiff within the same lawsuit. For example, if you are sued for breach of contract, you might file a counter-claim alleging the other party breached first. A counter-claim must be filed in the defendant's Answer or shortly thereafter. Failure to raise a compulsory counter-claim may bar it from being raised later.
Custody (Legal vs. Physical)
Legal custody is the right to make major decisions about a child's life — education, healthcare, religion. Physical custody refers to where the child primarily lives. In Nevada, courts strongly prefer joint legal custody and frequently award joint physical custody. A parent with primary physical custody has the child more than 60% of the time.
NRS 125C.0025 — Joint custody preference
D
Default Judgment
A court judgment entered against a party who fails to respond to a lawsuit or appear at a court hearing. In Nevada, if you are served with a lawsuit and do not file an Answer within the deadline, the plaintiff can request a default judgment — essentially winning by default. Default judgments can be used to garnish wages or bank accounts.
Defamation
A false statement of fact communicated to a third party that damages someone's reputation. Defamation in written form is libel; in spoken form it is slander. In Nevada, public figures must prove "actual malice" (knowledge of falsity or reckless disregard for truth). The statute of limitations for defamation in Nevada is 2 years.
NRS 11.190(4)(b) — 2-year limitations period
Defendant
In a criminal case, the person charged with a crime. In a civil case, the person or entity being sued. In Nevada family court, both parties in a divorce are called "petitioner" (who files first) and "respondent."
Deposition
A pre-trial discovery tool in which a witness answers questions under oath, outside of court, with answers recorded by a court reporter. Depositions may be used at trial to impeach (contradict) a witness's testimony. In Nevada civil cases, each party typically gets up to 10 depositions without court permission.
Discovery
The pre-trial process by which parties exchange information and gather evidence. Discovery tools include depositions, interrogatories (written questions), requests for production of documents, requests for admissions, and subpoenas to third parties. Nevada Rule of Civil Procedure 16.1 governs disclosure obligations.
Dismissal
An order terminating a case. A dismissal "with prejudice" means the case is permanently ended and cannot be refiled. A dismissal "without prejudice" allows the case to be refiled, subject to the statute of limitations. Courts may dismiss cases for failure to state a claim, lack of jurisdiction, or failure to prosecute.
Docket
The official court record or calendar listing all filings, hearings, and orders in a case. In Nevada, Clark County District Court cases are available online through the court's public portal. Each case has a docket number (case number) used for all future filings and court appearances.
DUI (Driving Under the Influence)
In Nevada, it is illegal to drive or be in actual physical control of a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by any controlled substance. Nevada has a per se law — if your BAC meets or exceeds 0.08%, you are presumed legally intoxicated without additional evidence of impairment. Commercial drivers are held to 0.04%; drivers under 21 face consequences at 0.02%.
NRS 484C.110 — BAC limits; NRS 484C.400 — Penalties
E
Eminent Domain
The government's power to take private property for public use — provided the owner receives "just compensation." In Nevada, the government must follow a formal process including appraisal and an offer before condemning property. Property owners have the right to challenge both the necessity of the taking and the adequacy of compensation in court.
NRS 37 — Eminent Domain
Equitable Distribution
A method of dividing marital property based on fairness rather than a strict 50/50 split. Nevada is a community property state, not an equitable distribution state — meaning most property acquired during marriage is split equally. Equitable distribution states give courts discretion to divide property unequally based on factors like income and contributions.
NRS 125.150 — Community property division
Evidence
Any information or material offered to prove or disprove a fact in a legal proceeding. Types of evidence include testimony, documents, physical objects, and electronic data. Nevada Rules of Evidence govern what may be admitted at trial. Hearsay — an out-of-court statement offered to prove the truth of the matter asserted — is generally inadmissible, with numerous exceptions.
Eviction (Summary Eviction)
The legal process by which a landlord removes a tenant. Nevada allows landlords to use a summary eviction process — generally faster than a full lawsuit. For nonpayment of rent, the landlord serves a 7-day Notice to Pay or Quit. The tenant may contest the eviction at a hearing in Justice Court. Self-help evictions (changing locks, removing belongings) are illegal in Nevada.
NRS 40.253 — Summary eviction; NRS 40.280 — Notice requirements
Expungement / Record Sealing
Nevada does not have "expungement" in the traditional sense — instead, the state offers record sealing under NRS 179.245. A sealed record is hidden from most employers and the public but not truly destroyed. Federal law enforcement agencies and immigration authorities may still access sealed records. Waiting periods depend on the offense level — some crimes are never eligible for sealing.
NRS 179.245 — Petition to seal criminal records
F
Felony
The most serious category of crime in Nevada, punishable by more than one year in Nevada State Prison. Nevada classifies felonies into five categories: Category A (most serious — murder, kidnapping; up to life in prison), Category B, Category C, Category D, and Category E (least serious felony). A felony conviction carries collateral consequences including loss of voting rights, firearm rights, and professional licenses.
NRS 193.130 — Classification of felonies
Filing Fee
The court fee paid to initiate or respond to a lawsuit. In Clark County District Court, filing fees for civil cases generally range from $270 to $500 depending on the amount in controversy. Justice Court fees are lower. Low-income parties may apply for a fee waiver (In Forma Pauperis) under NRS 12.015.
NRS 19.013 — Court filing fees
Foreclosure
The legal process by which a lender takes ownership of a home when the borrower defaults on the mortgage. Nevada allows both judicial and non-judicial (trustee's sale) foreclosure. In non-judicial foreclosure — the most common in Nevada — the lender must wait at least 120 days after the borrower defaults, then issue a Notice of Default. Homeowners have the right to reinstate the loan before the trustee's sale.
NRS 107.080 — Trustee's sale
Fraud
An intentional misrepresentation of a material fact, made to induce another person to act, which causes damages. In Nevada, fraud claims require proving: (1) a false statement, (2) knowledge of falsity, (3) intent to deceive, (4) the victim's justified reliance, and (5) resulting damages. The statute of limitations for fraud is 3 years from discovery.
NRS 11.190(3)(d) — Fraud limitations period
G
Garnishment
A court-ordered process allowing a creditor with a judgment to collect money directly from a third party holding the debtor's funds — typically a bank or employer. In Nevada, wage garnishment is limited to 25% of disposable earnings or the amount by which disposable earnings exceed 50 times the federal minimum wage, whichever is less. Bank accounts can be garnished up to the full judgment amount, subject to exemptions.
NRS 31.240 — Wage garnishment limits
Grand Jury
A group of citizens (23 in Nevada, with 12 needed to indict) who review evidence in secret proceedings to determine whether sufficient evidence exists to formally charge someone with a felony. Grand juries can also investigate public corruption and issue reports. A grand jury indictment is different from a preliminary hearing (conducted by a judge) — Nevada prosecutors may use either method to bring felony charges.
NRS 172 — Grand Jury
Gross Misdemeanor
An offense more serious than a standard misdemeanor but less serious than a felony. In Nevada, a gross misdemeanor is punishable by up to 364 days in county jail and/or a fine of up to $2,000. Examples include a second DUI offense within 7 years, battery with substantial bodily harm, and stalking.
NRS 193.140 — Gross misdemeanor punishment
Guardianship
A legal relationship in which a court appoints a person (guardian) to care for a minor child or incapacitated adult (ward) who cannot care for themselves. In Nevada, guardianships are established in District Court. A guardian of the person has custody; a guardian of the estate manages finances. Guardianship is distinct from adoption — the ward's legal relationship with their parents is not terminated.
NRS 159 — Guardianship of adults; NRS 159A — Guardianship of minors
H
Habeas Corpus
Latin for "you shall have the body." A writ of habeas corpus is a court order demanding that a person in custody be brought before the court to determine the legality of their detention. In Nevada, a person who believes they are being unlawfully held can file a petition for writ of habeas corpus in District Court. It is a critical constitutional protection against unlawful imprisonment.
NRS 34.360 — Habeas corpus proceedings
Hearing
A court proceeding shorter than a full trial, in which a judge takes evidence or argument on a specific legal issue. Common hearings in Nevada include bail hearings, preliminary hearings, custody hearings, motion hearings, and sentencing hearings. Many Nevada hearings are now conducted via video appearance, particularly in Justice Court and Family Court.
Homestead Exemption
A Nevada law that protects the equity in your primary residence from most creditors. As of 2023, Nevada's homestead exemption protects up to $605,000 in home equity. To claim this protection, you must file a Declaration of Homestead with the Clark County Recorder. Note: the homestead exemption does not protect against mortgage foreclosure, property tax liens, or IRS liens.
NRS 115.010 — Homestead exemption
I
Implied Consent
By driving on Nevada roads, you impliedly consent to chemical testing (breath, blood, or urine) if a law enforcement officer has reasonable grounds to believe you are under the influence of alcohol or drugs. Refusal to submit to testing results in automatic license revocation: 1 year for a first refusal, 3 years for a second within 7 years. Refusal may also be used as evidence of guilt at trial.
NRS 484C.160 — Implied consent
Indictment
A formal criminal charge issued by a grand jury after finding probable cause that a person committed a felony. In Nevada, prosecutors can also bring felony charges through a Preliminary Hearing before a judge. An indictment does not mean the person is guilty — it only means there is probable cause to proceed to trial.
Injunction
A court order requiring a party to do something (mandatory injunction) or stop doing something (prohibitory injunction). A Temporary Restraining Order (TRO) is an emergency injunction that can be issued without notice to the other party and lasts up to 30 days in Nevada. Preliminary injunctions last until trial; permanent injunctions can last indefinitely. Violating an injunction is contempt of court.
Intestate
Dying without a valid will. When a Nevada resident dies intestate, their estate is distributed according to Nevada's intestate succession laws — generally to a surviving spouse first, then children, then parents, then siblings, and so on. A surviving spouse in Nevada receives all community property and up to all separate property depending on whether there are surviving children.
NRS 134 — Intestate succession
J
Judgment
The final decision of a court resolving the rights and liabilities of the parties in a lawsuit. A money judgment in Nevada is valid for 6 years and can be renewed. Judgments accrue interest at a rate set by law (currently the prime rate plus 2%). A foreign judgment (from another state) can be domesticated in Nevada to enforce here.
NRS 17.214 — Judgment lien; NRS 17.330 — Interest on judgment
Jurisdiction
The legal authority of a court to hear a particular case. Subject matter jurisdiction refers to the type of cases a court can hear (e.g., Justice Court handles civil claims under $15,000 in Nevada; District Court handles larger cases and felonies). Personal jurisdiction requires that the defendant have sufficient contacts with Nevada. Without both types, a court's judgment is void.
Justice Court
Nevada's lower-level trial courts, found in each township. In Clark County, Las Vegas Justice Court handles misdemeanor criminal cases, small claims (up to $10,000), and civil cases up to $15,000. Judges are elected and not required to be licensed attorneys in Nevada. Justice Court decisions can be appealed to District Court for a new trial (trial de novo).
NRS 4 — Justice Court jurisdiction
Jury Instruction
Legal directions given by a judge to a jury explaining the law applicable to the case. The jury must follow these instructions when deliberating. Both parties can propose jury instructions, and the judge decides which to give. In Nevada criminal trials, the judge instructs on elements of the offense, burden of proof, and the presumption of innocence.
K
Keeper Levy
A collection remedy in Nevada allowing a judgment creditor to place a "keeper" (typically a marshal or constable) at a business to collect daily cash receipts until the judgment is satisfied. Most commonly used against retail businesses. The keeper can remain for up to 2 days without a court order and longer with one. This is a powerful enforcement tool that can effectively shut down a business if left in place.
L
Lien
A legal claim against property as security for a debt. Common liens in Nevada include mortgage liens, mechanic's liens (for unpaid construction work), judgment liens, tax liens, and HOA assessment liens. A lien can prevent a property from being sold or refinanced until the underlying debt is paid. Nevada's HOA super-priority lien (NRS 116.3116) can take priority over a first mortgage for up to 9 months of unpaid assessments.
NRS 108 — Mechanic's Liens; NRS 116.3116 — HOA super-priority lien
Liquidated Damages
A pre-agreed amount of damages specified in a contract for breach, typically used when actual damages would be difficult to calculate. Nevada courts will enforce liquidated damages clauses if the amount is a reasonable estimate of anticipated harm and actual damages would be difficult to quantify. Penalty clauses (designed to punish rather than compensate) are generally unenforceable.
Litigation
The process of resolving a dispute through the court system, from filing the complaint through trial and potential appeal. Most Nevada civil cases settle before trial — typically 90-95%. Full litigation in Clark County District Court often takes 1-3 years from filing to trial due to docket congestion. Alternative dispute resolution (ADR) methods like mediation and arbitration can resolve cases faster.
M
Mediation
A voluntary, confidential dispute resolution process in which a neutral third party (mediator) helps the parties reach a mutually acceptable settlement. Mediation is not binding unless the parties sign a settlement agreement. Clark County District Court requires mediation in most family law cases before trial. In civil cases, mediation can occur at any time and often results in faster, cheaper resolution than litigation.
Miranda Rights
Constitutional rights that must be read to a person before custodial interrogation: the right to remain silent, the warning that anything said can be used in court, the right to an attorney, and the right to a court-appointed attorney if they cannot afford one. Failure to provide Miranda warnings can result in suppression of statements made during interrogation. Importantly, Miranda applies to custodial interrogation — not to traffic stops or voluntary conversations.
Misdemeanor
A less serious criminal offense in Nevada, punishable by up to 6 months in county jail and/or a fine of up to $1,000. Common misdemeanors in Las Vegas include first-offense DUI, trespassing, petty larceny (theft under $1,200), simple battery, and disorderly conduct. Many misdemeanors can be resolved through diversion programs that avoid a criminal record.
NRS 193.150 — Misdemeanor punishment
Motion
A formal request filed with the court asking the judge to take a specific action or issue a specific ruling. Common Nevada civil motions include: Motion to Dismiss, Motion for Summary Judgment, Motion to Compel (discovery), Motion in Limine (to exclude evidence at trial), and Motion for Default. Most Nevada District Court motions require a written brief, and the opposing party has 14-30 days to respond.
N
Nevada Revised Statutes (NRS)
The official compilation of all Nevada state laws, organized by subject matter into chapters and sections. NRS is cited in the format "NRS [chapter].[section]" — for example, NRS 484C.110 is Chapter 484C (DUI laws), Section 110 (BAC limits). All NRS sections are publicly available at leg.state.nv.us. Nevada also has Nevada Administrative Code (NAC) which contains regulations issued by state agencies.
No-Fault Divorce
Nevada is a no-fault divorce state, meaning either spouse can seek divorce without proving the other did anything wrong. The only required grounds are: (1) incompatibility, (2) living separate and apart for at least one year, or (3) insanity. You do not need your spouse's consent to get divorced in Nevada, and fault (such as adultery) does not affect property division.
NRS 125.010 — Grounds for divorce
Notice to Quit
The first step in the Nevada eviction process — a written notice from a landlord to a tenant informing them they must either cure a lease violation (or pay overdue rent) or vacate the premises. In Nevada, the notice period depends on the reason: 7-day notice for nonpayment of rent, 5-day notice for lease violations (allowing 3 days to cure), 30-day notice for no-cause termination of a month-to-month tenancy.
NRS 40.251–40.280 — Notice requirements
O
Order to Show Cause
A court order directing a party to appear in court and explain why the court should not take a specific action against them — such as holding them in contempt, imposing sanctions, or granting a request made by the other party. In Nevada family law, order to show cause hearings are commonly used to enforce child support obligations and to modify emergency custody arrangements.
P
Plaintiff
The person or entity who initiates a civil lawsuit by filing a complaint. In criminal cases, the government (State of Nevada or the United States) is the prosecuting party, not called the plaintiff. In Nevada divorce and family law cases, the filing party is called the "petitioner" and the responding party is the "respondent."
Plea
A defendant's formal response to criminal charges. Options in Nevada: (1) Not Guilty — case proceeds toward trial; (2) Guilty — defendant admits to the charge; (3) No Contest (Nolo Contendere) — defendant does not admit guilt but accepts punishment without contesting; (4) Not Guilty by Reason of Insanity. A no-contest plea cannot be used as an admission in a civil case arising from the same conduct.
Plea Bargain
A negotiated agreement between a prosecutor and defendant in which the defendant pleads guilty (typically to a lesser charge or for a reduced sentence) in exchange for concessions from the prosecution. Approximately 90-95% of Nevada criminal cases are resolved through plea agreements. A judge must accept the plea and ensure it is voluntary and knowing before entering judgment.
Power of Attorney
A legal document authorizing one person (the agent or attorney-in-fact) to act on another person's (the principal's) behalf in legal, financial, or medical matters. A Durable Power of Attorney remains effective even if the principal becomes incapacitated. Nevada adopted the Uniform Power of Attorney Act, which provides important protections for principals including limits on agent self-dealing.
NRS 162A — Uniform Power of Attorney Act
Probable Cause
A reasonable basis for believing a crime may have been committed or that evidence of a crime is in a specific location. Probable cause is required for an arrest, a search warrant, and a grand jury indictment. It is a lower standard than "beyond a reasonable doubt" (trial) but higher than mere suspicion. In Nevada DUI cases, probable cause to stop a vehicle requires only reasonable suspicion — a lower standard than probable cause.
Probate
The court-supervised process of administering a deceased person's estate — validating the will (if any), paying debts, and distributing assets to heirs or beneficiaries. In Nevada, a full probate is required for estates with gross value over $300,000 (real property) or $100,000 (personal property) without a living trust. Smaller estates may qualify for a simplified Set Aside procedure or Affidavit process. Clark County Probate Court is located at the Regional Justice Center.
NRS 136 — Probate of wills; NRS 146 — Small estate procedures
Protective Order
A court order prohibiting a person from contacting, approaching, or harassing another person. In Nevada, domestic violence victims can obtain an Emergency Protective Order (EPO) from law enforcement 24/7 that lasts up to 7 days, followed by a Temporary Protective Order (TPO) lasting up to 30 days, and then an Extended Protective Order lasting up to 2 years after a hearing. Violating a protective order is a misdemeanor (or felony for subsequent violations).
NRS 33 — Protective orders
Q
Quasi-Contract
Also called "unjust enrichment" or "implied contract in law" — a legal fiction created by courts to prevent one party from unfairly benefiting at another's expense when no express contract exists. In Nevada, to recover under quasi-contract, a plaintiff must show: (1) they conferred a benefit on the defendant, (2) the defendant appreciated the benefit, and (3) the defendant's retention of the benefit without payment would be inequitable.
R
Record Sealing
Nevada's procedure (equivalent to expungement in other states) that hides a criminal arrest or conviction from most public background checks. After sealing, the person may legally deny the existence of the arrest or conviction on most applications. Waiting periods range from 0 years (for dismissed charges and acquittals) to 10 years for certain Category B felonies. Some crimes — including murder, sexual assault, DUI causing death, and crimes against children — can never be sealed.
NRS 179.245 — Petition to seal; NRS 179.255 — Effect of sealing
Recusal
The process by which a judge removes themselves from a case due to a conflict of interest, bias, or the appearance of bias. In Nevada, parties can also move for a judge's recusal by filing an affidavit of prejudice (available once per case as a matter of right in District Court). Recusal requests must be timely — typically before the judge has made any substantive rulings.
Retainer
An upfront fee paid to secure an attorney's services. In Nevada, hourly attorneys typically require a retainer deposited into a trust account, from which hourly fees are drawn as work is performed. Once the retainer is depleted, additional payments are required. A flat-fee retainer (common in criminal defense and bankruptcy) pays for a defined scope of work regardless of time spent.
Robbery
In Nevada, robbery is the unlawful taking of personal property from another person using force or fear. It is a Category B felony with penalties of 2-15 years in prison. Armed robbery (with a deadly weapon) carries enhanced penalties. Robbery is distinct from burglary (entering a structure to commit a crime) and theft (taking without confrontation).
NRS 200.380 — Robbery defined
S
Scienter
Legal term for a guilty mind or intent to defraud — the mental element required for certain crimes and civil claims. In securities fraud and intentional misrepresentation claims, scienter means the defendant knew their statement was false or acted with reckless disregard for the truth. It is a key element distinguishing fraud (which requires scienter) from negligent misrepresentation (which does not).
Security Deposit
Money collected by a landlord before tenancy begins as protection against damage beyond normal wear and tear or unpaid rent. In Nevada, there is no statutory limit on the security deposit amount. Landlords must return the security deposit (or provide an itemized statement of deductions) within 30 days of the tenant vacating. Failure to timely return the deposit can result in the landlord owing the tenant twice the wrongfully withheld amount.
NRS 118A.242 — Security deposit requirements
Sentence
The punishment imposed by a court following a criminal conviction or guilty plea. Nevada sentencing options include imprisonment, probation, fines, community service, house arrest, and treatment programs. Nevada uses an indeterminate sentencing structure for many felonies — judges set a minimum and maximum term, and the Nevada Parole Board decides when to release the prisoner.
Settlement
A voluntary agreement between disputing parties to resolve their legal dispute without going to trial. Settlements are legally binding contracts and are typically confidential. In Nevada personal injury cases, signing a settlement releases all future claims arising from that incident, even for injuries discovered later. Never sign a settlement without consulting an attorney.
Small Claims Court
A division of Nevada Justice Court handling disputes involving $10,000 or less without the need for attorneys. Filing fees are low ($71-$86 in Clark County). Parties represent themselves, and the process is simplified. Corporations and LLCs may be represented by an officer or employee (not required to use an attorney). Judgments are enforceable through garnishment and liens.
NRS 73 — Small Claims Court
Standing
The legal right to bring a lawsuit — meaning you have a sufficient legal interest in the outcome. To have standing, a party must show: (1) a concrete injury-in-fact, (2) the injury was caused by the defendant's conduct, and (3) the court can provide relief. Without standing, a court will dismiss the case. For example, a bystander who was not injured in a car accident generally lacks standing to sue the at-fault driver.
Statute of Limitations
The deadline by which a lawsuit must be filed. In Nevada, key limitations periods include: personal injury — 2 years; wrongful death — 2 years; medical malpractice — 3 years (or 1 year from discovery); contract (written) — 6 years; contract (oral) — 4 years; fraud — 3 years from discovery; property damage — 3 years. Missing the statute of limitations almost always results in permanent loss of your legal claim.
NRS 11.190 — General statutes of limitation
Stay
A court order suspending a judicial proceeding or the enforcement of a judgment, temporarily or permanently. The most powerful stay in law is the "automatic stay" that takes effect the moment a bankruptcy petition is filed — it immediately halts all collection actions, foreclosure proceedings, lawsuits, and garnishments against the debtor. Violating the automatic stay is contempt of the bankruptcy court.
Subpoena
A legal order compelling a person to appear at a court proceeding (subpoena ad testificandum) or to produce documents or records (subpoena duces tecum). In Nevada, attorneys have the power to issue subpoenas without court approval during active litigation. Failure to comply with a valid subpoena is contempt of court. Witnesses who appear pursuant to a subpoena are entitled to witness fees.
Summary Judgment
A court ruling deciding all or part of a case before trial, granted when there are no genuine disputes of material fact and one party is entitled to judgment as a matter of law. In Nevada, a motion for summary judgment can be filed after adequate discovery. Summary judgment is a powerful tool for dismissing weak cases — or components of cases — without the expense of trial. The judge does not weigh evidence; it looks for the absence of genuine factual disputes.
T
Testimony
Oral statements made under oath by a witness at a court hearing or deposition. In Nevada, witnesses may testify as "lay witnesses" (personal knowledge only) or "expert witnesses" (qualified by training, experience, or education to offer opinions in their specialty area). Testimony that is false constitutes perjury, a felony in Nevada punishable by 1-4 years in prison.
NRS 199.120 — Perjury
Tort
A civil wrong (other than a breach of contract) that causes harm to another person, giving the injured party the right to sue for damages. The three categories of torts in Nevada are: negligence (unintentional), intentional torts (battery, fraud, defamation), and strict liability (product liability, abnormally dangerous activities). Most Nevada personal injury cases are based on negligence torts.
Trespass
The unauthorized entry onto another person's property. Criminal trespass in Nevada is a misdemeanor if the person refuses to leave after being told to do so, or a gross misdemeanor for subsequent offenses. Civil trespass allows a property owner to sue for damages even without proving actual harm. Nevada's "castle doctrine" (NRS 200.120) provides strong self-defense rights against trespassers in your home.
NRS 207.200 — Criminal trespass
Trial by Jury
The constitutional right to have a jury of peers decide factual disputes in a case. In Nevada, the right to a jury trial applies to all criminal cases and to most civil cases involving more than $250. Criminal juries consist of 12 jurors (unanimous verdict required); civil juries may have 6-12 jurors. Defendants in Nevada criminal cases can waive their right to a jury and opt for a bench trial decided by the judge.
Trust
A legal arrangement in which a person (trustor/grantor) transfers assets to a trustee to hold and manage for the benefit of beneficiaries. A Revocable Living Trust is the most common estate planning tool in Nevada — it avoids probate, maintains privacy (unlike a will which becomes public record), and allows seamless management of assets during incapacity. Nevada has favorable trust laws, making it a popular state for complex trust structures.
NRS 163 — Trusts
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Unlawful Detainer
The legal term for a tenant who remains on a property after their right to possession has ended — for example, after a lease has expired, after a Notice to Quit has run, or after a landlord has won an eviction proceeding. An unlawful detainer action is the lawsuit a landlord files in Nevada Justice Court to formally remove a tenant. The court can issue a Summary Eviction Order or order a full hearing.
NRS 40.253 — Unlawful detainer proceedings
Uncontested Divorce
A divorce in which both spouses agree on all issues — property division, debt allocation, spousal support, child custody, and child support. Nevada offers a simplified "Joint Petition" divorce for couples who agree on everything; this process can be completed in as little as 3-6 weeks without a court appearance. Clark County District Court charges a filing fee of approximately $300 for joint petitions.
NRS 125.070 — Joint petition for divorce
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Vacate
To set aside or annul a court order or judgment. In Nevada, a judgment can be vacated (set aside) on grounds including: excusable neglect, newly discovered evidence, fraud by the opposing party, a void judgment, or satisfaction of the judgment. A Motion to Vacate must generally be filed within 6 months of the judgment, though some grounds allow for later filing.
NRCP 60(b) — Grounds for relief from judgment
Venue
The specific geographic location where a lawsuit is filed and tried, as distinct from jurisdiction (which is about legal authority). In Nevada, venue is generally proper in the county where the defendant resides or where the events giving rise to the claim occurred. Improper venue can be challenged, and the case can be transferred to the correct county.
Voir Dire
French for "to speak the truth." The jury selection process in which attorneys and the judge question prospective jurors to identify biases and ensure an impartial panel. Attorneys may challenge jurors "for cause" (unlimited, for specific disqualifying bias) or use "peremptory challenges" (limited number, no reason required, but cannot be used to discriminate based on race or sex). In Las Vegas, voir dire in a complex civil case can take several days.
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Waiver
The voluntary, knowing, and intentional relinquishment of a known right. In Nevada criminal law, a defendant can waive constitutional rights such as the right to a jury trial, the right to remain silent, and the right to a preliminary hearing. Courts require that waivers be shown on the record to be voluntary and made with full understanding of the right being surrendered. Some rights — like the right to due process — cannot be waived.
Warrant
A court order authorizing law enforcement to take a specific action. An arrest warrant authorizes police to arrest a named person. A search warrant authorizes police to search a specific location for specific items. Nevada warrants must be based on probable cause supported by oath or affirmation, describe the place to be searched, and describe the persons or things to be seized. Knock-and-announce rules apply unless exigent circumstances exist.
Wrongful Death
A civil claim brought by the family members of a person who was killed by another's negligent or intentional act. In Nevada, wrongful death claims can be brought by a surviving spouse, children, and sometimes parents or siblings. Damages may include lost financial support, loss of companionship, medical expenses, and funeral costs. The statute of limitations for wrongful death in Nevada is 2 years from the date of death.
NRS 41.085 — Wrongful death action
Wrongful Termination
Firing an employee for an illegal reason. Although Nevada is an at-will employment state, employers cannot fire employees for discriminatory reasons (race, gender, age, religion, disability under NRS 613.330), for filing a workers' compensation claim, for whistleblowing, or for engaging in protected activities (like union organizing). Wrongful termination claims must be filed with the Nevada Equal Rights Commission or EEOC before filing a lawsuit.
NRS 613.330 — Unlawful employment practices

Frequently Asked Questions About Nevada Legal Process