2 replies to this topic

[ozziera]

1. I am trying to find out in the state of Nevada if it is permissible for prisoners to comb bind thick documents that cannot otherwise be stapled. I asked this question in the first judicial court in Carson City but they did not reply. I asked 2 or 3 more times but they still did not respond.
2. I would also like to know, may a prisoner proceeding in forma paupers submit 9 comb bound copies of a thick complaint to the clerk of the same court for file-stamping and have them all returned, except for the original to his prison address at no charge to him. The copies will eventually be submitted to the Sheriff for service on the defendants. They did not respond to this question as well.
3. I then asked, may a lawsuit under 42 U.S.C. § 1983 be filed in this court even if the defendants

are state employees in another county in this state? Nrs 41.031 (2) allows state lawsuits to be filed in this court under these circumstances but says nothing about a § 1983.

Can anyone help me the above questions. For some reason the clerk will not respond.

thank you, Ron

[LegalwriterOne]

In filing a lawsuit, there's no need to file all potential/possible trial exhibits with the complaint. The court rules provide that exhibits should not be "unnecessarily voluminous." 9 volumes is well beyond that limit. How assembly must be done is in the court rules: http://www.leg.state...s/FirstDCR.html . As to the proper court, it IS in the code section. The action "must be filed in the county where the cause or some part thereof arose or in Carson City."

[Tax_Counsel]

3. I then asked, may a lawsuit under 42 U.S.C. § 1983 be filed in this court even if the defendants are state employees in another county in this state? NRS 41.031 (2) allows state lawsuits to be filed in this court under these circumstances but says nothing about a § 1983.

NRS § 41.031 is a waiver of sovereign immunity allowing the state to be sued for money damages in state court like a individual or corporate entity may be sued, except for certain circumstances specified in other provisions of Nevada law. Subsection (2) simply specifies that when bringing a claim against the state, the lawsuit must either be filed in the county where the cause of action (or some part of it) arose or in Carson City. I don’t see where you got the idea that it only discusses suits against the state under state law; nothing in it is limited to claims brought against the state under state law. So, if you are bringing a claim under 42 U.S.C. § 1983 in state court, you’d need to file that in the county where the actions that give rise to your claim occurred or in Carson City. Nothing in (2) makes the county in which a state employee works relevant to where you file the lawsuit, so I don’t see why you are raising that, either.

As for the binding questions, the best I can suggest is that you get a copy of any local court rules the court has. Those may address such things as how submissions to the court are to be bound.

Court clerks are prohibited from giving legal advice, so they often won't want to answer any questions other than those that are purely clerical/administrative in nature, like how much the filing fee is to file a complaint, what hours the court is open, etc. From their perspective, it's safer not to answer a question than it is to answer it and potentially violate the rule against giving legal advice.