Nevada Statutory Derivation

To find out where a Nevada law originally came from, you can check the law from the state it was copied from. At the Nevada Supreme Court Law Library, you might find old law books that show this. You can also use a website called HeinOnline to look at old state laws on your computer. Make sure to pick the right version of the law from before 1911. Look at the table of contents to find the part you need. 

Retrieving the Originating State’s Statute

The final step in tracing the origins of a Nevada statute is to locate the referenced statute in the originating state’s statutory compilation. Using the example of Kerr’s California Civil Procedure, here’s how to proceed:

Where to Access Historical Statutory Compilations

1. Nevada Supreme Court Law Library

   • The Nevada Supreme Court Law Library maintains a Historical Statute Collection with print archives for all 50 states, including pre-statehood publications.
   • Location: Southwest section of the law library.
   • Assistance: Consult a Reference Librarian for help accessing the collection.

2. HeinOnline (Digital Option)

   • HeinOnline’s "State Statutes: A Historical Archive" provides digital facsimiles of statutes published before copyright (c. 1926).
   • Access California's historic statutory codes and identify the correct compilation by reviewing:
     • The publication date (must pre-date 1911 in this example).
     • The table of contents to confirm that the cited section aligns with your statute’s topic.

Steps to Identify the Correct Statutory Compilation

1. Narrow by Publication Date

   • Ensure the statutory compilation was published before 1911 (the year referenced in Nevada's Revised Laws).
   • This eliminates later editions of Kerr’s works.

2. Review the Table of Contents

   • Use your citation (e.g., "Kerr, C.C.P., 669") as a guide.
   • Confirm the surrounding statutes address related topics.
     • For instance, if Section 669 doesn’t pertain to “someone dying after judgment,” the compilation is incorrect.

3. Select the Most Viable Option

   • Based on the example, the correct choice is Kerr’s Civil Procedure (1907 edition).

Example: Kerr's Civil Procedure (1907), Section 669

• History of the Statute:

  • Originally enacted in 1872, this California statute became the basis for Nevada’s statute.

• Annotations and Case Citations:

  • Following the statute text, annotations reference cases that interpreted Section 669 while it was in effect.
  • These annotations are invaluable because:
    • They show how the law was applied at the time.
    • They provide insight into how Nevada courts might have interpreted the borrowed statute.