Summary
The Nevada Supreme Court held that NRS 18.130 does not impose a mandatory deadline for a nonresident plaintiff to file security for costs. Although a defendant may seek dismissal after 30 days have passed without the required security, dismissal is inappropriate if the plaintiff files the security before the court dismisses the action. The court reversed the district court's dismissal and remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether NRS 18.130(4) requires a nonresident plaintiff to file security for costs within 30 days after receiving notice that security is required.
- Whether dismissal under NRS 18.130(4) is an abuse of discretion when the plaintiff files the required security after the 30-day period but before the court dismisses the action.
Holdings
- NRS 18.130 does not impose a mandatory deadline requiring the plaintiff to file security within 30 days after notice; the 30-day period is a prerequisite for seeking or ordering dismissal.
- It is an abuse of discretion to dismiss an action under NRS 18.130(4) when the plaintiff has filed the required security with the court clerk before the court dismisses the case.
Key quotations
“We conclude that dismissal under NRS 18.130(4) is inappropriate if the plaintiff files the required security with the court clerk at any time prior to dismissal.” (at 2)
“Thus, the 30-day requirement is a prerequisite for dismissal, not filing the security.” (at 3)
“However, we conclude that it is an abuse of discretion for the district court to dismiss the case if the plaintiff has filed the required security with the court clerk at any time before the court dismisses the case.” (at 4)
Factual background
Sandra Biscay slipped and fell at a hotel owned by MGM Resorts International and filed a complaint asserting tort claims related to the fall. MGM demanded security for costs under NRS 18.130. More than six months later, Biscay filed the required security with the court clerk, and the district court dismissed the action nine days afterward, although the security had been filed before dismissal.
Procedural history
Biscay filed a tort complaint after slipping and falling at a hotel. MGM demanded security for costs under NRS 18.130, and Biscay filed the required security more than 30 days after receiving notice but before the district court dismissed the case. The Eighth Judicial District Court dismissed the action, concluding that the statute required filing within 30 days. The Nevada Supreme Court reversed and remanded.
Remand instructions
The case was remanded to the district court for further proceedings.