CONSTABLES

Nev. Rev. Stat. 258
in effect

Nev. Rev. Stat. § 258.001 Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 258.002 to 258.004, inclusive, have the meanings ascribed to them in those sections.

Nev. Rev. Stat. § 258.002 “Category I peace officer” defined.

“Category I peace officer” has the meaning ascribed to it in NRS 289.460.

Nev. Rev. Stat. § 258.003 “Category II peace officer” defined.

“Category II peace officer” has the meaning ascribed to it in NRS 289.470.

Nev. Rev. Stat. § 258.005 General qualifications.

1. No person is eligible to the office of constable unless the person: (a) Will have attained the age of 21 years on the date he or she would take office if so elected or appointed; (b) Is a qualified elector; and (c) Is registered to vote in the township which the office represents. 2. A person who has been convicted of a felony in this state or any other state is not qualified to be a candidate for or elected or appointed to the office of constable regardless of whether the person has been restored to his or her civil rights.

Nev. Rev. Stat. § 258.007 Certification as category I or category II peace officer required in certain townships; forfeiture of office.

1. Except as otherwise provided in subsection 2, each constable of a township whose population is 15,000 or more or a township that has within its boundaries a city whose population is 15,000 or more shall become certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer within 1 year after the date on which the constable commences his or her term of office or appointment unless the Commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months. 2. Any person who is a candidate for the office of constable in a township whose population is 100,000 or more must be certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer before filing a declaration of candidacy for the office. A person who does not comply with the provisions of this subsection is not eligible to be a candidate for the office of constable. 3. A constable forfeits his or her office and a vacancy is created which must be filled in accordance with NRS 258.030 if the constable: (a) Does not become certified by the Peace Officers’ Standards and Training Commission as required pursuant to subsection 1; or (b) Does not maintain the certification by the Peace Officers’ Standards and Training Commission required pursuant to subsection 1 or 2 during his or her term of office.

Nev. Rev. Stat. § 258.010 Election; appointment of sheriff to serve ex officio; term of office; abolition of office.

1. Except as otherwise provided in subsections 2 and 3: (a) Constables must be elected by the qualified electors of their respective townships. (b) The constables of the several townships of the State must be chosen at the general election of 1966, and shall enter upon the duties of their offices on the first Monday of January next succeeding their election, and hold their offices for the term of 4 years thereafter, until their successors are elected and qualified. (c) Constables must receive certificates of election from the boards of county commissioners of their respective counties. 2. In a county which includes only one township, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation. The resolution must not become effective until the completion of the term of office for which a constable may have been elected. 3. In a county whose population: (a) Is less than 700,000, which includes more than one township, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may, by ordinance, abolish the office of constable in those townships. (b) Is 700,000 or more, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may, by ordinance, abolish the office in those townships. Ê For a township in which the office of constable has been abolished, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation.

Nev. Rev. Stat. § 258.020 Oath and bond.

Each constable elected or appointed in this state shall, before entering upon the duties of office: 1. Take the oath prescribed by law. The oath must be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the constable legally holds and exercises his or her office. 2. Execute a bond to the State of Nevada, to be approved by the board of county commissioners, in the penal sum of not less than $1,000 nor more than $3,000, as may be designated by the board of county commissioners. The bond must be conditioned for the faithful performance of the duties of his or her office and must be filed in the county clerk’s office.

Nev. Rev. Stat. § 258.030 Vacancy when office not abolished: Applicable law governing appointment.

Except for those townships that the boards of county commissioners have determined do not require an office of constable, if any vacancy exists or occurs in the office of constable in any township: 1. The clerk of the board of county commissioners shall certify the vacancy to the Secretary of State not later than 10 days after the vacancy occurs; and 2. The board of county commissioners shall appoint a person to fill the vacancy pursuant to NRS 245.170 not later than 60 days after the vacancy occurs.

Nev. Rev. Stat. § 258.040 Compensation.

1. The several boards of county commissioners of each county, at the regular meeting in July of any year in which an election of constables is held, shall fix the minimum compensation of the constables within their respective townships for the ensuing term, either by stated salaries, payable monthly, semimonthly or at regular 26-week intervals, or by fees, as provided by law, or both, and they may thereafter increase or change such compensation during the term but shall not reduce it below the minimum so established. 2. If it becomes necessary to appoint a constable at any time, the board of county commissioners in the county in which such appointment is made shall fix the compensation, either by salary or by fees, as provided by law, or both, for the term for which the constable is appointed.

Nev. Rev. Stat. § 258.050 Expenses; claims.

1. When any constable shall be entitled to receive necessary traveling expenses for the transaction of public business, such expenses shall include the constable’s actual living expenses, but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance. 2. Where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train, airplane or bus schedule or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners is authorized to allow for traveling by private conveyance an amount not to exceed the maximum per-mile allowance for travel by private conveyance established by the State Board of Examiners for state officers and employees generally. 3. Any constable presenting a claim to the county for any expenses allowed by law shall attach itemized vouchers and receipts for the same to his or her claim, and the boards of county commissioners of the several counties are hereby prohibited from allowing such claim unless accompanied by vouchers and receipts as required by this section.

Nev. Rev. Stat. § 258.060 Deputies; certification of deputy as category I or category II peace officer required in certain townships.

1. All constables may appoint deputies, who are authorized to transact all official business pertaining to the office to the same extent as their principals. A person must not be appointed as a deputy constable unless the person has been a resident of the State of Nevada for at least 6 months before the date of the appointment. A person who is appointed as a deputy constable in a township whose population is 15,000 or more or a township that has within its boundaries a city whose population is 15,000 or more may not commence employment as a deputy constable until the person is certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer. The appointment of a deputy constable must not be construed to confer upon that deputy policymaking authority for the office of the county constable or the county by which the deputy constable is employed. 2. Constables are responsible for the compensation of their deputies and are responsible on their official bonds for all official malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of the deputies by the constables. 3. If a constable of an office established by the board of county commissioners as an enterprise fund appoints a deputy, the compensation of the deputy must be approved by the board of county commissioners. 4. All appointments of deputies under the provisions of this section must be in writing and must, together with the oath of office of the deputies, be filed and recorded within 30 days after the appointment in a book provided for that purpose in the office of the recorder of the county within which the constable legally holds and exercises his or her office. Revocations of such appointments must also be filed and recorded as provided in this section within 30 days after the revocation of the appointment. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.

Nev. Rev. Stat. § 258.065 Clerical and operational staff: Appointment; powers; oath; bond; compensation; duties.

1. The constable of a township may, subject to the approval of the board of county commissioners, appoint such clerical and operational staff as the work of the constable requires. The compensation of any person so appointed must be fixed by the board of county commissioners. 2. A person who is employed as clerical or operational staff of a constable: (a) Does not have the powers of a peace officer; and (b) May not possess a weapon or carry a firearm, regardless of whether the person possesses a permit to carry a concealed firearm issued pursuant to NRS 202.3653 to 202.369 , inclusive, while performing the duties of the office of the constable. 3. The board of county commissioners may appoint for the constable of a township a reasonable number of clerks. The compensation of any clerk so appointed must be fixed by the board of county commissioners. 4. A constable’s clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of that township and county. 5. A constable’s clerk shall do all clerical work in connection with keeping the records and files of the office, and shall perform such other duties in connection with the office as the constable shall prescribe.

Nev. Rev. Stat. § 258.070 Duties and powers of constable or deputy; circumstances under which constable or deputy has powers of peace officer and may carry firearm; certain constables and deputies required to wear badges; duties and powers of sheriff or deputy.

1. Subject to the provisions of subsections 2 and 3, each constable shall: (a) Be a peace officer. (b) Execute the process, writs or warrants of courts of justice, judicial officers and coroners, when delivered to the constable for that purpose. (c) Discharge such other duties as are or may be prescribed by law. 2. Subject to the provisions of subsection 3, a constable or deputy constable has the powers of a peace officer: (a) For the discharge of duties as are or may be prescribed by law; (b) For the purpose of arresting a person for a public offense committed or attempted in the presence of the constable or deputy constable, if the constable or deputy constable has reasonable cause to believe that the arrest is necessary to prevent harm to other persons or the escape of the person who committed or attempted the public offense; and (c) In addition to the circumstances described in paragraphs (a) and (b): (1) In an area within the limits of an incorporated city, for the purposes authorized by and with the consent of the chief of police of the city; and (2) In an area that is not within the limits of an incorporated city, for the purposes authorized by and with the consent of the sheriff of the county. 3. The constable and each deputy constable of a township shall not carry a firearm in the performance of his or her duties unless: (a) The constable has adopted a written policy on the use of deadly force by the constable and each deputy constable; and (b) The constable and each deputy constable has received training regarding the policy. 4. A constable or deputy constable authorized to carry a firearm pursuant to subsection 3 must receive training approved by the Peace Officers’ Standards and Training Commission in the use of firearms at least once every 6 months. 5. A constable or deputy constable who wears a uniform in the performance of his or her duties shall display prominently as part of that uniform a badge, nameplate or other uniform piece which clearly displays the name or an identification number of the constable or deputy constable. 6. Pursuant to the procedures and subject to the limitations set forth in chapters 482 and 484A to 484E , inclusive, of NRS, a constable may issue a citation to an owner or driver, as appropriate, of a vehicle which is located in his or her township at the time the citation is issued and which is required to be registered in this State if the constable determines that the vehicle is not properly registered. Upon the imposition of punishment pursuant to NRS 482.385 on the person to whom the citation is issued, the constable is entitled to charge and collect a fee of $100 from the person to whom the citation is issued, which: (a) Must be collected by a court that imposes punishment pursuant to NRS 482.385 on behalf of the constable who issued the citation and forwarded by the court to the constable; and (b) May be retained by the constable as compensation. 7. If a sheriff or the sheriff’s deputy in any county in this State arrests a person charged with a criminal offense or in the commission of an offense, the sheriff or the sheriff’s deputy shall serve all process, whether mesne or final, and attend the court executing the order thereof in the prosecution of the person so arrested, whether in a justice court or a district court, to the conclusion, and whether the offense is an offense of which a justice of the peace has jurisdiction, or whether the proceeding is a preliminary examination or hearing. The sheriff or the sheriff’s deputy shall collect the same fees and in the same manner therefor as the constable of the township in which the justice court is held would receive for the same service.

Nev. Rev. Stat. § 258.075 Report of deaths to public administrator or certain other person in certain counties.

In counties having a population of less than 100,000, every constable shall report immediately to the public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, all deaths which the constable gains knowledge of in the performance of his or her duties.

Nev. Rev. Stat. § 258.080 Duties in new township.

When any constable, by the formation of a new township, shall be brought within the limits thereof, the constable shall continue to act as constable for such new township, and shall continue in office until the expiration of the term for which he or she was elected.

Nev. Rev. Stat. § 258.090 Liability on bond: Tender of fees and indemnity bond.

No constable shall be liable for any damages for neglecting or refusing to serve any civil process, unless the constable’s legal fees (and an indemnifying bond in cases where the constable has doubts as to the ownership of the property sought to be levied upon or attached, if the same shall be required by the constable) are first tendered him or her.

Nev. Rev. Stat. § 258.110 Unlawful failure to arrest offender; penalty.

Any constable who willfully refuses to arrest any person charged with a criminal offense is guilty of a gross misdemeanor and shall be removed from office.

Nev. Rev. Stat. § 258.120 Purchasing judgment prohibited; penalty.

If any constable shall, directly or indirectly, purchase any judgment, or any part thereof, on the docket of any justice of the peace of the same township, the constable is guilty of a misdemeanor.

Nev. Rev. Stat. § 258.125 Fees; expenses; accounting.

1. Constables are entitled to the following fees for their services: For serving a summons or any other process in civil cases............................ $26 For summoning a jury before a justice of the peace........................................... 26 For taking a bond or undertaking........................................................................... 26 For serving an attachment against the property of a defendant........................ 26 For serving subpoenas, for each witness.............................................................. 26 For a copy of any writ, process or order or other paper, when demanded or required by law, per folio 3 For drawing and executing every constable’s deed, to be paid by the grantee, who must also pay for the acknowledgment thereof.................................................................................................................. 26 For each certificate of sale of real property under execution............................ 26 For levying any writ of execution or writ of garnishment, or executing an order of arrest in civil cases, order for delivery of personal property or any other order in a civil case, except an order of eviction, with traveling fees as for summons............................................................................................................................... 26 For serving one notice required by law before the commencement of a proceeding for any type of eviction 26 For serving not fewer than 2 nor more than 10 such notices to the same location, each notice 20 For serving not fewer than 11 nor more than 24 such notices to the same location, each notice 17 For serving 25 or more such notices to the same location, each notice.......... 15 Except as otherwise provided in subsection 3, for mileage in serving such a notice, for each mile necessarily and actually traveled in going only.......................................................................................... 3 But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice. For each service in a summary eviction, except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution 26 For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper.................................................................................................... 26 For each warrant lawfully executed, unless a higher amount is established by the board of county commissioners............................................................................................................................... 48 For mailing a notice of a writ of execution............................................................. 3 Except as otherwise provided in subsection 3, for mileage in serving summons, attachment, execution, order, venire, subpoena, notice, summary eviction, writ of restitution or other process in civil suits, for each mile necessarily and actually traveled, in going only.......................................................................... 3 But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction. Except as otherwise provided in subsection 3, for mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpoena or other process in civil suits, for each mile necessarily and actually traveled, in going only.................................................................. 3 But mileage may not exceed $30 for any unsuccessful effort to serve such process. 2. A constable is also entitled to receive: (a) For receiving and taking care of property on execution, attachment or order, and for executing an order of arrest in civil cases, compensation for the constable’s trouble and expense, to be allowed by the court which issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred. (b) For collecting all sums on execution or writ, to be charged against the defendant, on the first $3,500, 2 percent thereof, and on all amounts over that sum, 1 percent. (c) For service in criminal cases, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county. (d) For removing or causing the removal of, pursuant to NRS 487.230 , a vehicle that has been abandoned on public property, $100. (e) For providing any other service authorized by law for which no fee is established by this chapter, the fee provided for by ordinance by the board of county commissioners. 3. For each service for which a constable is otherwise entitled pursuant to subsection 1 to a fee based on the mileage necessarily and actually traveled in performing the service, a board of county commissioners may provide by ordinance for the constable to be entitled, at the option of the person paying the fee, to a flat fee for the travel costs of that service. 4. Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the fifth working day of the month next succeeding the month in which the fees were collected. 5. Except as otherwise provided in subsection 6, constables shall, on or before the fifth working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation. 6. Every 5 business days, constables in an office established by the board of county commissioners as an enterprise fund shall account for and pay to the county treasurer any fee collected during the preceding period.

Nev. Rev. Stat. § 258.135 Acceptance of credit card, debit card or electronic transfer of money for payment of fees owed constable; convenience fee.

1. A constable may enter into contracts with issuers of credit cards or debit cards or operators of systems that provide for the electronic transfer of money to provide for the acceptance of credit cards, debit cards or electronic transfers of money by the constable for the payment of fees to which the constable is entitled. 2. If the issuer or operator charges the constable a fee for each use of a credit card or debit card or for each electronic transfer of money, the constable may require the cardholder or the person requesting the electronic transfer of money to pay a convenience fee. The total convenience fees charged by the constable in a fiscal year must not exceed the total amount of fees charged to the constable by the issuer or operator in that fiscal year. 3. As used in this section: (a) “Cardholder” means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer. (b) “Convenience fee” means a fee paid by a cardholder or person requesting the electronic transfer of money to a constable for the convenience of using the credit card or debit card or the electronic transfer of money to make such payment. (c) “Credit card” means any instrument or device, whether known as a credit card or credit plate or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit. (d) “Debit card” means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds. (e) “Electronic transfer of money” has the meaning ascribed to it in NRS 463.01473 . (f) “Issuer” means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.

Nev. Rev. Stat. § 258.170 No other fees to be charged.

No other fees shall be charged by constables than those specifically set forth in this chapter, nor shall fees be charged for any other services than those mentioned in this chapter.

Nev. Rev. Stat. § 258.180 Fee book.

Every constable shall keep in his or her office a fee book in which the constable shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book shall be open to public inspection.

Nev. Rev. Stat. § 258.190 Quarterly financial statements.

1. In each calendar year, on the first Monday of January, April, July and October, the constables who receive fees under the provisions of this chapter shall make out and file with the boards of county commissioners of their several counties a full and correct statement under oath of all fees or compensation, of whatever nature or kind, received in their several official capacities during the preceding 3 months. In the statement they shall set forth the cause in which, and the services for which, such fees or compensation were received. 2. Nothing in this section shall be so construed as to require personal attendance in filing statements, which may be transmitted by mail or otherwise directed to the clerk of the board of county commissioners.

Nev. Rev. Stat. § 258.200 Failure to comply with certain statutory requirements: Penalty.

Any constable who shall violate any of the provisions of NRS 258.170, 258.180 and 258.190 shall be fined not more than $1,000.

Nev. Rev. Stat. § 258.205 Penalties for failure of constable to file report, oath or other document with county or Peace Officers’ Standards and Training Commission.

In addition to any fine imposed pursuant to NRS 258.200, a board of county commissioners may establish, by resolution or ordinance, penalties for the failure of the constable of a township in the county to file any report, oath or other document required by statute to be filed with the county or the Peace Officers’ Standards and Training Commission.

Nev. Rev. Stat. § 258.210 Punishment for taking excessive fees.

If any constable shall take more or greater fees than are allowed by law, the constable shall be liable to indictment, and on conviction shall be removed from office and fined in any sum not exceeding $1,000.

Nev. Rev. Stat. § 258.220 Table of fees to be posted; penalties.

Any constable receiving fees as provided by law shall publish and set up in some conspicuous place in his or her office a fee table for public inspection. A sum not exceeding $20 for each day of the constable’s omission so to do shall be forfeited, which sum with costs may be recovered by any person by an action before any justice of the peace of the same county.

Nev. Rev. Stat. § 258.230 Fees payable in advance; execution.

Except with respect to the fees described in paragraphs (a) and (d) of subsection 2 of NRS 258.125, all fees prescribed in this chapter shall be payable in advance, if demanded. If a constable shall not have received any or all of his or her fees, which may be due the constable for services rendered by him or her in any suit or proceedings, the constable may have execution therefor in his or her own name against the party or parties from whom they are due, to be issued from the court where the action is pending, upon the order of the justice of the peace or court upon affidavit filed.

Nev. Rev. Stat. § 258.240 Limitation on mileage.

When any constable serves more than one process in the same cause, not requiring more than one journey from his or her office, the constable shall receive mileage only for the most distant service.

Nev. Rev. Stat. § 258.0703 Processes, writs and orders: Endorsement and memorandum of receipt.

When any process, writ or order is delivered to the constable to be served or executed, the constable shall: 1. Forthwith endorse upon it the year, month, day and hour of its receipt. 2. Give to the person delivering it, if required, on payment of his or her fee, a written memorandum signed by him or her, stating the names of the parties in the process or order, the nature thereof and the time it was received. He or she shall deliver to the party served a copy thereof, if required to do so, without charge to such party.

Nev. Rev. Stat. § 258.0705 Processes, writs and orders: Service or execution; return; liability for damages.

1. A constable to whom any process, writ, order or paper is delivered shall: (a) Execute the same with diligence, according to its command or as required by law. (b) Return it without delay to the proper court or officer, with his or her certificate endorsed thereon of the manner of its service or execution, or, if not served or executed, the reasons for his or her failure. 2. A constable who fails to comply with subsection 1 is liable to the party aggrieved for all damages sustained by the party on account of such neglect.

Nev. Rev. Stat. § 258.0707 Liability for neglect or refusal to attach, levy upon or sell property pursuant to writ of execution or attachment.

If the constable to whom a writ of execution or writ of attachment is delivered neglects or refuses, after being required by the creditor or the creditor’s attorney to attach, or to levy upon or sell, any property of the party charged in the writ which is liable to be attached or levied upon and sold, the constable is liable on his or her official bond to the creditor for the value of such property.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-258.htmlFetched: 10/4/2026