41B.260 - Civil action: Parties; burden of proof; evidence; stay of proceedings; limitation on time for commencement.
41B.260 Civil action: Parties; burden of proof; evidence; stay of proceedings; limitation on time for commencement.
1. For the purposes of this chapter, an interested person may bring a civil action alleging that a person was a culpable actor in the felonious and intentional killing of a decedent. An interested person may bring such a civil action whether or not any person who is alleged to be a killer in the civil action or any other person is or has been, in a separate criminal action, charged with or convicted or acquitted of being:
(a) A culpable actor in the felonious and intentional killing of the decedent; or
(b) A culpable actor in any other offense arising out of the facts surrounding the killing of the decedent.
2. If an interested person brings a civil action pursuant to this section, the court shall determine, by a preponderance of the evidence, whether a person who is alleged to be a killer of the decedent was a culpable actor in the felonious and intentional killing of the decedent. If the court finds by a preponderance of the evidence that a person who is alleged to be a killer of the decedent was a culpable actor in the felonious and intentional killing of the decedent:
(a) The finding of the court conclusively establishes for the purposes of this chapter that the person feloniously and intentionally killed the decedent; and
(b) The person shall be deemed to be a killer of the decedent.
3. If, in a separate criminal action, a person is charged with being a culpable actor in the felonious and intentional killing of a decedent or with any other offense arising out of the facts surrounding the killing of the decedent and:
(a) The person is acquitted of the charge;
(b) The charge is dismissed; or
(c) A verdict or judgment is not reached or entered on the charge for any reason,
Ê evidence concerning any such matter is not admissible in a civil action brought pursuant to this section.
4. Upon its own motion or the motion of an interested person, the court may, in whole or in part, stay the proceedings in a civil action brought pursuant to this section during the pendency of any separate criminal action that has been brought against a person who is alleged to be a killer in the civil action. The provisions of this subsection do not limit the power of the court to stay the proceedings in the civil action for any other reason.
5. A civil action described in this section may not be commenced by an interested person more than 5 years after the interested person discovers or through the use of reasonable diligence should have discovered the material facts that constitute the cause of action.
(Added to NRS by 1999, 1352)