Nevada Revised Statutes 41.960 – Reduction of award because of previous action or settlement; notification of settlement or award; reimbursement; calculation of award not to include certain items
1. If a person in an action brought pursuant to NRS 41.900 has previously won a monetary award against this State or against any other governmental entity in a civil action related to his or her wrongful conviction, the person is only entitled to receive any amount described in NRS 41.950, less the award obtained in the previous civil action.
Terms Used In Nevada Revised Statutes 41.960
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
2. If a person in an action brought pursuant to NRS 41.900 has entered into a settlement agreement with this State or with any other governmental entity related to his or her wrongful conviction, the person is only entitled to receive any amount described in NRS 41.950, less the amount of the settlement agreement.
3. A person who received compensation from this State in his or her action brought pursuant to NRS 41.900, whether through an award of damages or a settlement, and who subsequently receives a civil settlement or award relating to his or her wrongful conviction shall:
(a) Not later than 4 months after the date of the subsequent civil settlement or award, notify the State Board of Examiners of the subsequent civil settlement or award; and
(b) Not later than 6 months after the date of the subsequent civil settlement or award, reimburse this State for the compensation previously received, not to exceed the amount of the monetary compensation which the person receives in the subsequent civil settlement or award.
4. If a person who received compensation from this State in his or her action brought pursuant to NRS 41.900, whether through an award of damages or a settlement, and who subsequently receives a civil settlement or award relating to his or her wrongful conviction does not notify the State Board of Examiners or reimburse this State pursuant to subsection 3, a court may order the termination of any future payment awarded pursuant to subsection 2 of NRS 41.950.
5. The calculation of an award of damages or a settlement amount pursuant to this section must not include items listed in subsection 2 of NRS 41.950, including, without limitation, attorney’s fees and the costs for bringing the action.
6. As used in this section, ‘governmental entity’ has the meaning ascribed to it in NRS 363C.040.