Clark County Legal News

Clark County Legal News


A weekly newspaper of general, internet, and subscription circulation

This list does not contain all Nevada Revised Statutes (NRS) requiring the newspaper publication of legal notices. It serves only as a guide to the more common notices.

This information is intended to serve as a practical and up-to-date reference guide for newspaper personnel. It is not intended to provide legal advice or substitute for the advice of counsel.

As the law is subject to change and due to differing interpretations, the reader should contact an attorney directly for legal advice.

Click on any subject below for further information.

Definition Of A Legal Notice:

    NRS 238.010-Legal notice and legal advertisement defined ... Any notice or other written matter whatsoever, required to be published in a newspaper by any law of this state, or by the order of any court of record in this state, shall be deemed and held to be a legal notice or advertisement.

Definition of a qualified newspaper:

    NRS 238.030 - Publication of legal notice or advertisement only in qualified newspaper of general circulation; exceptions;

    1. Any and all legal notices or advertisements shall be published only in a daily, a triweekly, a semiweekly, a semimonthly, or a weekly newspaper of general circulation and printed in whole or in part in the county in which the notice or advertisement is required to be published, which newspaper if published:
      1. Triweekly, semiweekly, semimonthly, or weekly, shall have been so published in the county, continuously and uninterruptedly, during the period of at least 104 consecutive weeks next prior to the first issue thereof containing any such notice or advertisement.
      2. Daily, shall have been so published in the county, uninterruptedly and continuously, during the period of at least 1 year next prior to the first issue thereof containing any such notice or advertisement.

       

    2. The mere change in the name of any newspaper, or the removal of the principal business office or seat of publication of any newspaper from one place to another in the same county shall not break or affect the continuity in the publication of any such newspaper if the same is in fact continuously and uninterruptedly printed and published within the county as herein provided.

       

    3. A newspaper shall not lose its rights as a legal publication if any of the following conditions maintain:
      1. If by reason of a strike or other good cause it should suspend publication; but the period shall not exceed 30 days in any calendar year.
      2. If by reason of generally recognized economic stress of a serious nature over which the publisher has no control it shall be necessary to suspend publication for a period not to exceed 2 years. The provisions of this paragraph shall apply only in the case of publications that have been operating continuously for a period of 5 years prior to such suspension. Any legal notice which fails of publication for the required number of insertions for such reason shall not been declared illegal if publication has been made in one issue of the publication and is resumed within a reasonable period.

       

    4. If in any county in this state there shall not have been published therein any newspaper or newspapers for the prescribed period, at the time when any such notice or advertisement is required to be published, then such notice or advertisement may be published in any newspaper or newspapers having a general circulation and printed and published in whole or in part in the county.

       

    5. The time limitations in subsection 1 do not apply to a newly established newspaper printed and published in:
      1. An incorporated city if, at the time such newspaper is established, there is no other newspaper printed and published in such city.
      2. A county if, at the time such newspaper is established, there is no other newspaper printed and published in such county.

       

    NRS 238.040 - Second-class mailing permit required for qualification (Note: A second-class mailing permit is now called a Periodicals permit under a change made by the U.S. Postal Service.)

    After December 31, 1954, no newspaper is competent as the means for the publication of any legal notice or advertisement unless the newspaper possesses and maintains in force a valid second-class mailing permit issued by the United States Postal Service.

    NRS 238.050 - Newspapers equally competent as means for publication.

    Except as otherwise provided by law in express terms or by necessary implication, daily newspapers, triweekly newspapers, semiweekly newspapers, semimonthly newspapers and weekly newspapers shall all be equally competent as the means for the publication of all legal notices and advertisements.

    Nevada court cases on qualified newspapers

    To meet the test of general circulation, a newspaper must publish some news of general interest and circulate to the general public. Under NRS 238.030, which provides for publication of legal notices in a newspaper "of general circulation," a daily newspaper which contained only information taken from public records did not qualify because primary purpose of printing legal notices is to give widest publicity practicable, and a newspaper, in order to meet test of general circulation, must publish some news of general interest and circulate to some extent among general public. Nevada State Press Association v. Fax. Inc., 79 Nev. 82, 378 P.2d 674 (1963).

    Preliminary work done within the county before printing legal notices in newspaper outside the county met the test of being "printed in whole or in part" within the county. Under NRS 238.030, which provides for publication of legal notices in a newspaper "printed in whole or in part in the county in which the notice or advertisement is required to be published," the newspaper duplicated outside such county did qualify because some typesetting, work on headlines and pictures and preparation of page layouts took place in the county. Butler v. Lahontan Valley News, 91 Nev. 421, 537 P.2d 320 (1975).

Rates and size of type:

NRS 238.070 - Rates and size of type for official advertising of state and counties; annual contracts for county printing and advertising.

  1. All advertising ordered or required by the State of Nevada or by the respective counties of the state must be paid for by the state or the county ordering or requiring the advertising at a rate that does not exceed:
    1. The published open display rate for advertising, if the advertisement is placed in a daily or weekly newspaper with a circulation of 15,000 or less; or
    2. The published rate for advertising by a nonprofit or charitable organization, if the advertisement is placed in a daily or weekly newspaper with a circulation of more than 15,000.

     

  2. The type size for advertising ordered or required by the State of Nevada or a county must be no smaller than that used by the newspaper in the columns of classified advertisements.
  3.  

  4. Nothing contained in this section prohibits boards of county commissioners from entering into annual contracts for the entire official printing and advertising of their respective counties when a saving of public money will be effected thereby.
  5.  

Liens, Foreclosures, Trustee Sales:

NRS 107.080
Notice of default and trustee's sale of real property (real estate) in a foreclosure action. See NRS 21.130).

Click here for a Notice of Default sample.

NRS 107.080.4
Notice of Time and Place of Sale

  1. The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the 3-month period following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:
    1. Providing the notice to each trustor and any other person entitled to notice pursuant to this section by personal service or by mailing the notice by registered or certified mail to the last known address of the trustor and any other person entitled to such notice pursuant to this section;
    2. Posting a similar notice particularly describing the property, for 20 days successively, in a public place in the county where the property is situated; and
    3. Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the property is situated or, if the property is a time share, by posting a copy of the notice on an Internet website and publishing a statement in a newspaper.

       

NRS 107.081

Time and place of sale; agent holding sale not to be purchaser.

  1. All sales of property pursuant to NRS 107.080 must be made at auction to the highest bidder and must be made between the hours of 9 a.m. and 5 p.m. The agent holding the sale must not become a purchaser at the sale or be interested in any purchase at such a sale.
  2. All sales of real property must be made:
    1. In a county with a population of less than 100,000, at the courthouse in the county in which the property or some part thereof is situated.
    2. In a county with a population of 100,000 or more, at the public location in the county designated by the governing body of the county for that purpose.

       

NRS 21.130.1.(c)
Before the sale of property on execution, notice of the sale, in addition to the notice required pursuant to NRS 21.075 and 21.076, must be given as follows:
  1. Personal service upon each judgment debtor or by registered mail to the last known address of each judgment debtor;
  2. Posting a similar notice particularly describing the property, for 20 days successively, in three public places of the township or city where the property is situated and where the property is to be sold; and
    Editor's Note: As the definition of the word "and" includes along or together with; as well as; in addition to; besides; and also, and as NRS 21.130.1 (c) (2) states, in part, "in three public places of the township or city where the property is situated and where the property is to be sold", it is clear that should the property in question be located in a township or city other than in the township or city of location of sale then there must be three public postings in the township or city where the property is located and also an additional three postings in the township or city where the property is to be sold.

Publishing a copy of the notice three times, once each week, for 3 successive weeks, in a newspaper, if there is one in the county.

Click here for a Notice of Trustee's Sale sample.

NRS 104.7210 Notice of a sale to enforce a warehouseman's lien. Notice must be published once a week for 2 consecutive weeks in a newspaper of general circulation where the sale will be held. Notice must include description of the goods, name of person on whose account they are being held and time and place of the sale. Sale must take place at least 15 days after the 1st publication.

NRS 108.239 Notice to enforce a lien through a court complaint. Notice must be published at least once a week for 3 successive weeks in one newspaper published in the county.

Click here for a Notice sample.

NRS 108.310 Notice of a public sale of a motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home to satisfy a lien. Must be printed once a week for 3 consecutive weeks in a newspaper published in the town or county where the sale is to be held. Sale must not be held less than 22 days after the 1st publication.

NRS 108.420 Notice of the sale of unclaimed freight to pay charges. Railroad, express company or other common carrier, commission merchant, forwarding merchant or warehouseman shall give notice of the time and place of sale to the owner, when known, and by advertisement in a daily newspaper 10 days, or if a weekly newspaper, 4 weeks, published where the sale is to take place.

NRS 108.450 Notice to sell property placed in storage to satisfy unpaid storage charges. Notice must be published once a week for 2 consecutive weeks in a newspaper of general circulation in the town or county where the owner resides. Notice must include description of the goods, the name of the person on whose account they are being held, and the time and place of the sale. Sale must take place at least 15 days after the 1st publication.

NRS 108.477 Sale of occupant's property by owner of a storage facility for nonpayment. Notice of the sale of an occupant's property must be advertised by the owner once a week for 2 consecutive weeks immediately preceding the date of the sale in a newspaper of general circulation in the judicial district where the sale is to be held. Notice must contain a general description of the personal property to be sold, name of the occupant, number of the individual space where personal property was stored, and the name and address of the storage facility.

NRS 108.500 Notice of public auction to sell property of an occupant of a hotel, motel, lodging house or boardinghouse must be published at least once a week for 2 successive weeks prior to the sale, in some newspaper published in the county in which the sale is to take place. The sale is to recover money due to the innkeeper or because the property has been abandoned for at least 60 days. Notice must include a description of the property to be sold, time and place of the sale, name of the hotel, etc...at which the property or baggage was left, name of the property's owner when known and must be signed by the person conducting the sale.

NRS 108.550 Any person furnishing feed, pasture or otherwise boarding any animal or animals may assess a lien upon the animal or animals, and may retain possession until the sum due for the feed, pasture or board has been paid. The lien may be foreclosed by publishing a notice of a sale by public auction. Notice must be published in one issue of a newspaper of general circulation in the county.

NRS 108.710 Notice of a sale of a vessel or boat to satisfy a lien. Notice of the sale must be published once a week for 3 consecutive weeks in a newspaper published in the place where the sale is to be held. If there is no such newspaper, then the advertisement must be published in a newspaper of general circulation in that area. The sale must not be held for at least 22 days from the time of the first publication.

NRS 108.860 Notice of a petition before a district court to impose a lien against a person's property to recover money owed to the department of human resources as a result of payment of Medicaid benefits must be published at least once a week for 3 successive weeks, in one newspaper published in the county. If there is no such newspaper, then it must be published as determined by the court. This notice must contain a description of the object and the location, date and time of the hearing. All persons claiming any interest in the property must be notified.

Summons for Civil Lawsuit

Nevada Rules of Civil Procedure, Rule 4. PROCESS, (e) (1) (iii) - Publication Notice of summons and civil suit, including a divorce, against a defendant when the defendant resides out of state, has departed from the state, or cannot, after due diligence, be found within the state or conceals himself to avoid being served. The complaint and summons in such cases can be served on the defendant by publication in a newspaper for a period of 4 weeks, at least once a week during that time.

NOTE: Nevada Rules of Civil Procedure, Rule 4. PROCESS, (b) - When service of the summons is made by publication, the summons shall, in addition to any special statutory requirements, also contain a brief statement of the object of the action substantially as follows: "This action is brought to recover a judgment dissolving the contract of marriage (or bonds of matrimony) existing between you and the plaintiff," or "foreclosing the mortgage of plaintiff upon the land (or other property) described in complaint," or as the case may be.

Summons for Civil Lawsuit (California)

If a defendant/respondent/citee cannot be served with reasonable dilligence in any other manner specified in article 3, Chapter 4, Part 2, Title 5 of the California Code of Civil Procedure, and it also, appearing from the petition/complaint that a good cause of action exists in a case in favor of the petitioner/plaintiff therein and against the defendant/respondent/citee and that the said defendant/respondent/citee is a necessary and proper party to the action, the court may order that a summons/citation in the case be made upon said defendant/respondent/citee by publication thereof, at least once a week for four successive weeks in a manner prescribed in California Government Code Section 6061 - 6064, in a newspaper of general circulation published outside the State of California.

Click here for a sample of a California Civil Summons.

Name Change

NRS 41.280 Notice that a person has filed a court petition to change his/her name. Notice must be published in a newspaper of general circulation in the county once a week for 3 successive weeks.

Click here for a Public Notice of Name Change sample.

Notice to Sell Property to Enforce a Judgment

NRS 21.130
Notice of the sale of property - personal and real - to satisfy an unpaid debt or a court judgment. A sheriff's sale of personal property to enforce a District Court judgment must be published in a newspaper in the county, if there is one, at least twice, the first publication being not less than 10 days before the date of the sale.

For real property the notice must be published once a week for 3 successive weeks.

Click here for a sample Notice of Sale (of real property).

Private Corporations

NRS 78.275
Notice of a private corporation's intention to levy and collect assessments on corporation stock. Notice of the assessment may be given to stockholders personally or by publication once a week for at least 4 weeks in a newspaper in the county where the corporation is located.

NRS 78.370
Notice to stockholders regarding a required or authorized action to take place at a specific meeting MAY be published in one or more newspapers as dictated by their articles of incorporation or bylaws.

Foreign Corporations

NRS 80.190
Each foreign corporation qualified to do business in Nevada shall, not later than the month of March in each year, publish a statement in two numbers or issues of a newspaper published in this State.

Any corporation which neglects or refuses to publish a statement as required by this section is liable to a penalty of $100.00 for each month that the statement remains unpublished.

All qualified foreign corporations must publish. All foreign corporations qualified to do business in Nevada, whether or not they are actually doing business within the State of Nevada, must publish an annual statement as provided in NRS 80.190. AGO 16 (3-4-1959)

Click here to publish an Annual Statement.

Nonprofit Corporations

NRS 82.336
Notice to delegates or members of a nonprofit corporation regarding a required or authorized action to take place at a specific meeting MAY be published in one or more newspapers as dictated by their articles of incorporation or bylaws.

Termination of Parental Rights

NRS 128.070
Notice of a court hearing on a petition to terminate parental rights. The court may require the publication of such a notice if the father or mother or the child's legal guardian resides out of state, cannot be found within the state or conceals himself/herself. The notice must be published in a newspaper - to be designated by the court - at least once a week for 4 weeks.

Sale of Property From An Estate

NRS 148.190
Notice of sale of personal property from an estate, under certain circumstances.Notice must be published three times in a newspaper published in the county where the sale is to take place. Notice must be published in 3 publications, 1 week apart, 2 weeks before day of the sale or, in the case of a private sale, 2 weeks before the day on or after which the sale is to be made. Court may decrease the number of publications to one and shorten the time for publication to a period not less than 8 days. The notice shall include a brief description of the property to be sold, a place where bids or offers will be received and a day on or after which the sale will be made.

NRS 148.220
Notice of sale of real property in excess of $5,000 from an estate. Notice must be published three times in a newspaper published in the county where the sale is to take place. Notice must be published in 3 publications, 1 week apart, for 2 weeks before the day of the sale or, in the case of a private sale, 2 weeks before the day on or after which the sale is to be made. Court may decrease the number of publications to one and shorten the time for publication to a period not less than 8 days.

Estates, Guardianships and Trusts

NRS 154.170
Notice of sale by state of real property from an estate escheatable to the state. Notice must be published in the county in which the real property is located at least once each week for 4 consecutive weeks prior to the date of the sale.

NRS 155.020
Notice of a hearing on a petition to probate a will and notice to creditors. Notice must be published three times. If the newspaper is published more than once each week, there must be at least 10 days from the first to last dates of publication. Notice must be published in a newspaper printed in the county where the hearing will be held, but if there is no such newspaper, then in one having general circulation in the county.

NRS 155.020

Notice to Creditors must be published three times. If the newspaper is published more than once each week, there must be at least 10 days from the first to last dates of publication. Notice must be published in a newspaper printed in the county where the hearing will be held, but if there is no such newspaper, then in one having general circulation in the county.

Click here for a sample Court Ordered Notice to Creditors. (Estate related)

NRS 164.025
(Notice to Creditors - Estate related - Not Court Ordered)

The trustee of a nontestamentary trust may after the death of the settlor of the trust cause to be published a notice to the public, including creditors whose names and addresses are not readily ascertainable, by publication on three dates of publication, and if the newspaper is published more than once each week, there must be at least 10 days from the first to last dates of publication, including both the first and last days.

Click here for a sample Notice to Creditors. (Estate related - Not Court Ordered)

NRS 156.020
Notice of a hearing on a petition to appoint a trustee for the estate of a missing person. The notice must be printed at least 10 days prior to the hearing in a daily or weekly newspaper published in the county.

NRS 163.540
Notice of a hearing regarding a proposed amendment to a charitable trust must be published 3 times prior to the hearing. If the newspaper is published more than once each week, there must be at least 10 days from the first to last date of publication, including both the first and the last days.

NRS 159.0475.2
Issuance of citation upon filing of petition for appointment of guardian ...
If none of the persons on whom the citation is to be served can, after due diligence, be served by certified mail or personal service and this fact is proven, by affidavit, to the satisfaction of the court, service of the citation must be made by publication in the manner provided by N.R.C.P. 4(e). In all such cases, the citation must be published at least 20 days before the date set for the hearing.

Click here for a sample Citation to Appear and Show Cause.

Trade Regulations and Practices

NRS 600.150
A person engaged in the business of supplying clean laundered garments, towels, table lines or other articles that are the property of the supplier, may adopt and use a name or other mark woven, impressed or produced on the supplied items as a mark of ownership.

The registration of the name or mark with the county clerk must published once a week for 3 successive weeks in a newspaper published in the county described on the registration.


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