41.0339 - Circumstances under which official attorney to provide defense. - Nevada Statutes

41.0339  Circumstances under which official attorney to provide defense.  The official attorney shall provide for the defense, including the defense of cross-claims and counterclaims, of any present or former officer or employee of the State or a political subdivision, immune contractor or State Legislator in any civil action brought against that person based on any alleged act or omission relating to the person’s public duties or employment if:

      1.  Within 15 days after service of a copy of the summons and complaint or other legal document commencing the action, the person submits a written request for defense:

      (a) To the official attorney; or

      (b) If the officer, employee or immune contractor has an administrative superior, to the administrator of the person’s agency and the official attorney; and

      2.  The official attorney has determined that the act or omission on which the action is based appears to be within the course and scope of public duty or employment and appears to have been performed or omitted in good faith.

      (Added to NRS by 1979, 1733; A 1987, 541)