238.030 - Publication of legal notice or advertisement only in qualified newspaper of general circulation; exceptions.
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:
(a) 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.
(b) 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:
(a) 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.
(b) 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 be 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:
(a) An incorporated city if, at the time such newspaper is established, there is no other newspaper printed and published in such city.
(b) A county if, at the time such newspaper is established, there is no other newspaper printed and published in such county.
[3:60:1925; A 1931, 89; 1933, 192; 1941, 400; 1943, 56; 1943 NCL § 4702]—(NRS A 1960, 400)