Nevada Revised Statutes 50.069 – Provision of contract or settlement agreement prohibiting or restricting testimony void and unenforceable under certain circumstances
1. Except as otherwise provided in NRS 233.190, a provision of a contract or settlement agreement is void and unenforceable if:
Terms Used In Nevada Revised Statutes 50.069
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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.
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
(a) The provision prohibits or otherwise restricts a party to the contract or settlement agreement from testifying at a judicial or administrative proceeding when the party has been required or requested to testify at the proceeding pursuant to:
(1) A court order;
(2) A lawful subpoena; or
(3) A written request by an administrative agency; and
(b) The judicial or administrative proceeding described in paragraph (a) concerns another party to the contract or settlement agreement and his or her commission of:
(1) A criminal offense;
(2) An act of sexual harassment, including, without limitation, repeated, unsolicited verbal or physical contact of a sexual nature that is threatening in character;
(3) An act of discrimination on the basis of race, religion, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, age or sex by an employer or a landlord; or
(4) An act of retaliation by an employer or a landlord against another person for the reporting of discrimination on the basis of race, religion, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, age or sex.
2. As used in this section:
(a) ’Employer’ has the meaning ascribed to it in NRS 33.220.
(b) ’Landlord’ means an owner of real property, or the owner’s representative, who provides a dwelling unit on the real property for occupancy by another for valuable consideration.