§ 41.670 — Award of reasonable costs, attorney’s fees and monetary relief under certain circumstances; separate action for damages; sanctions for frivolous or vexatious special motion to dismiss; interlocutory appeal

1. If the court grants a special motion to dismiss filed pursuant to NRS 41.660 :
(a) The court shall award reasonable costs and attorney’s fees to the person against whom the action was brought, except that the court shall award reasonable costs and attorney’s fees to this State or to the appropriate political subdivision of this State if the Attorney General, the chief legal officer or attorney of the political subdivision or special counsel provided the defense for the person pursuant to NRS 41.660 .
(b) The court may award, in addition to reasonable costs and attorney’s fees awarded pursuant to paragraph (a), an amount of up to $10,000 to the person against whom the action was brought.
(c) The person against whom the action is brought may bring a separate action to recover:
(1) Compensatory damages;
(2) Punitive damages; and
(3) Attorney’s fees and costs of bringing the separate action.
2. If the court denies a special motion to dismiss filed pursuant to NRS 41.660 and finds that the motion was frivolous or vexatious, the court shall award to the prevailing party reasonable costs and attorney’s fees incurred in responding to the motion.
3. In addition to reasonable costs and attorney’s fees awarded pursuant to subsection 2, the court may award:
(a) An amount of up to $10,000; and
(b) Any such additional relief as the court deems proper to punish and deter the filing of frivolous or vexatious motions.
4. If the court denies the special motion to dismiss filed pursuant to NRS 41.660 , an interlocutory appeal lies to the Supreme Court.

Legislative History

(Added to NRS by 1993, 2848 ; A 1997, 1366 , 2593 ; 2013, 624 )