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Alternate Public Defender

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1. What is the difference between the Public Defender's Office and the Alternate Public Defender's Office?

The Humboldt County Public Defender's Office initially takes every case where a person has been appointed a lawyer. The cases are then screened by staff members to see if there is a conflict of interest. Conflicts of interest can arise if the Public Defender has represented a victim or witness in a case, or if there is more than one defendant charged with the crime. If the Public Defender's Office determines that there is a legal reason it cannot represent a person, then that case is sent to the Alternate Public Defender's Office.

If the Alternate Public Defender’s office also has a conflict of interest, then a private lawyer who contracts with Humboldt County will handle the case.

2. Who does my attorney work for?

The attorney employed by the Alternate Public Defender's Office is an employee of Humboldt County.

3. How can I find out who my attorney is and when I go to court?

Once the Alternate Public Defender's Office is appointed to represent you, I will send you a letter giving you your court date . If you have not received the letter, please call the Alternate Public Defender's Office at (775) 623-6037, and ask for the information.

4. What kind of cases does the Alternate Public Defender Office handle?

The lawyer in the Alternate Public Defender's office practices in several different courts. The attorney defends adults and juveniles charged with every type of crime, from misdemeanor to murder, Also in family court, representing parents whose children have been removed from the home and are in the care and custody of Humboldt County. Lastly, represents clients in District Court, Justice Court, and Specialty Courts.

5. Can you help me with my divorce, landlord/tenant issues, or small claims case?

No. Only those who are facing jail or prison time or parents who are facing losing permanent custody of their children through government action are entitled to free legal representation.

If Social Services have removed your children, placing them in the care and custody of Humboldt County, you may apply for the legal representation as well. 

6. Can I fire my lawyer?

No. You are entitled to an attorney, but you are not entitled to the attorney of your choice. Once the attorney in the Alternate Public Defender's Office has been appointed to represent you, that person will remain your attorney until the case is concluded. Your only other option is to hire private counsel, if you can afford to do so, or to try to represent yourself, which is never a wise choice.

7. How do I get a lawyer?

If you have been charged with a crime and are facing the potential of a jail sentence, you may apply for legal representation if you cannot afford to hire a lawyer. At the time of your first appearance before the Judge, let the Judge know that you would like an attorney to be appointed to represent you. 

If you are a parent and Child Protective Services or the Humboldt County Human Services Department have removed your children, placing them in the care and custody of Humboldt County, you may apply for the legal representation as well.  

8. Where are you located?

The Alternate Public Defender's Office is located at the Humboldt County Courthouse, 50 W. 5th Street, Winnemucca, Nevada. The phone number for the office is (775) 623-6037; the fax number is (775) 623-6038.

9. Is my lawyer really a lawyer?

Yes. The attorney in the Alternate Public Defender`s Office has graduated from law school, and taken and passed the Nevada Bar Exam. In order to be employed as an attorney in the Alternate Public Defender's Office, the lawyer must be licensed in the State of Nevada to practice law, and be in good standing with the Nevada State Bar.

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Assessor

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1. I received a Deed Processing Notice. What am I supposed to do?

The Deed Processing Notice is sent by a company unrelated to Humboldt County. According to this company, some jurisdictions across the Country do not provide copies or originals of recorded documents. However, County Recorders in Nevada return the original document after processing, to the address provided on the document. Copies may also be purchased from the Humboldt County Recorder for $1 per page; significantly less than what is being requested through some outside source. View an example Deed Processing Notice (PDF). For further questions, contact the Assessor's Office.

2. What is the responsibility of the Assessor´s Office?

Our responsibility is to estimate property values. We do not set the tax rate nor do we collect taxes. It is our duty, by law, to discover all taxable property in Humboldt County, appraise its value, then calculate 35% of that appraised value to arrive at the assessed value. Contact the Assessor's Office for more information.

3. Why have values increased in such a poor economy?

To understand why values have increased in a poor economy, view our Values Increasing with Poor Economy Brochure (PDF) or contact the Assessor's Office.

4. What is this assessment card I get in the mail in December? What does it all mean?

To find out more about this card, read our Explanation of Assessment Card (PDF) or contact the Assessor's Office.

5. Who determines the tax rate?

The tax rate for the individual tax districts is established each spring by the Nevada Tax Commission from budgets submitted by local government entities such as the City of Winnemucca, Humboldt County, the Fire Protection Districts, School District and others. Services provided by these governmental bodies are a result of those budgets and any questions about government services should be directed to those agencies and not to the Assessor, Treasurer or Board of Equalization.

6. Who collects taxes?

The Humboldt County Treasurer collects taxes based on the tax bills sent out each July. Questions regarding taxes paid or amounts due should be directed to that office at 775-623-6444.

7. What is the difference between the “appraised” and the “assessed” value of property?

The appraised value of your land is the Assessor's estimate of its market value, taking into account its location, zoning, actual use, etc. The appraised value of your buildings is their estimated replacement cost new less depreciation. When your property is new, the first tax bill you receive is based on your total assessed value, which is 35% of your total appraised value. Thereafter, depending on the type of property, your taxes are not to increase by more than 3% for primary residences or qualified rental properties and by a calculated percentage according to Nevada Revised Statutes 361.4722 for all other property. Changes in use or new construction added to your property is calculated outside the cap. Contact the Assessor's Office for more information.

8. Why would my taxes change?

There are a number of reasons why your taxes would change now with the passage of the tax cap law. They change when either your tax rate changes or your assessed value changes. Your assessed value can change because of a boundary change, new construction, change in use, or reappraisal. Your value can even remain stagnant from one year to the next and your taxes can still increase! Here's how: If your property increases by 15% one year but your property is capped at 3%, the taxes can increase 3% per year until all 15% of the taxes for the next five years are captured. For further explanation, contact the Assessor's Office.

9. What is factoring?

There are two types of land factors and improvement factors. Both are used to keep values current. Land factors are determined by sale prices of land in areas and neighborhoods and are applicable to land not currently in the reappraisal cycle. Statistical analysis of sales in an area or neighborhood is used to arrive at a factor for that particular area. Factors can be negative, positive or neutral thereby increasing values, decreasing values or leaving them alone. The Assessor´s Office and the Department of Taxation, Division of Assessment Standards, determine the factors for land and they are taken to the Nevada Tax Commission for approval. The Nevada Tax Commission is responsible for determining improvement factors for given areas around the state and those factors are based on changes in building costs from year to year.

10. How often would my value change?

It could change annually. Each year, all properties will either be reappraised or their previous assessed value could be factored using factors established or approved by the Nevada Tax Commission.

11. How does my assessed value relate to market value?

In Nevada, we appraise land according to its market value, then calculate 35% of that value to arrive at the assessed value. Improvements are based on a replacement cost new less depreciation. In other words, we determine how much it would cost to replace the improvement(s), depreciate it at 1.5% per year to arrive at the taxable value. Then we calculate 35% of that value to arrive at the assessed value. Market value has very little bearing on the taxable value of a property, especially as the age of the improvements increase. The 1.5% depreciation is according to Nevada Revised Statutes and the maximum depreciation allowed on real property is 75%. For more information, contact the Assessor's Office.

12. How can my taxes be increasing when values are dropping ?

This is one of the most frustrating situations for the taxpayer and for the Assessor's Office. The main culprit behind such a phenomenon is the tax cap. Assessed values times the tax rate no longer equals taxes. It is difficult to explain here without examples. Therefore, for a much more detailed explanation that can be given in this space read our Explanational Brochure (PDF).

13. What if I don't agree with my assessed value?

Assessment notices are mailed in December and June to taxpayers whose value has changed. If you have a question, you may call the Assessor´s Office or come in and talk to an If we are unable to resolve your problem you may appeal to the County Board of Equalization. If you are still not satisfied, you may appeal to the State Board of Equalization, and thereafter, through the court system. Any of these bodies may adjust your assessed value. Appeals to the County Board of Equalization must be filed at the Assessor's Office no later than January 15th or the first business day following January 15th should it fall on a weekend or holiday.

14. What statutes govern the Assessor's Office?

Assessors in Nevada are governed by a number of statutes and regulations. The main ones are Nevada Revised Statutes and Nevada Administrative Code 361, 361A and 362. Below are links to those statutes and regulation as posted on the Nevada State Legislature website:

• Nevada Administrative Code 361 
• Nevada Administrative Code 361A
• Nevada Administrative Code 361A
• Nevada Administrative Code 362
• Nevada Revised Statutes 362
• Nevada Revised Statutes 361
• Nevada Revised Statutes 361A

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Building Questions

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1. How do I obtain an address for property I have purchased?

The first step in obtaining an address is to verify that there is legal access from the public way to your parcel.  You must have an easement from the Bureau of Land Management (BLM) to cross their parcels to reach yours even if there is an existing road.  You can contact the BLM at (775)623-1500. If you have to cross private property to gain access to your parcel you will need a recorded easement from the property owner(s).  

Once the easements have been addressed you need to obtain a permit in order to obtain an address.  This permit can be a building permit for a storage building over 200 square feet or an electrical permit.

2. Do I have to have a well and sewage disposal system in order to live on my property?

Yes!  You will need to hire a licensed well driller to drill the required well.  The State of Nevada Water Resources Division does not allow water to be hauled for residential properties.  You need to have the well installed in order to obtain a sewage disposal permit.  You can stay on the property for a total of 30 days in a calendar year without having a well or sewage disposal system.  After that time you must install a well and sewage disposal system or moved off the property.

3. Can I live in a recreational vehicle on my property?

Humboldt County allows recreational vehicles to be used a dwelling in certain land zones.  The land zones are usually AG or M3 zones.  You will need to contact the Planning and Zoning Department at (775)623-6392 to verify if you can place a recreational vehicle on the parcel.  Per Humboldt County Ordinance 03-07-16 a recreational vehicle can be occupied for 30 days cumulative before a permit is required.  After the 30 days a permit is required and the recreational vehicle shall be connected to well, sewage disposal system & tied down.  See our handouts page for recreational vehicle handout.

4. What size outbuilding can I construct without a permit.

One story detached accessory buildings such as tool and storage sheds, playhouses, livestock shelters and greenhouses provided the floor area does not exceed 200 square feet. These buildings shall be placed at least six feet from any building, structure or property line. For more information, contact the Building Department.

5. Do I need a permit to build a deck off of my house?

Yes, if the deck height is greater then 30 inches. As measured from the highest portion of the deck’s walking surface to your finished grade. The main reason behind this code section is that a walking surfaces over 30 inches is required to comply with the building code’s guardrail requirements, as a safety measure. Because to an active adult, a deck barely over 30 inches is unlikely to cause injury; however, to small children and the elderly a fall from this height could cause a severe injury.  Visit our Permits page or contact us for more information.

6. Can I attach a patio cover to my manufactured home?

Only awnings "constructed of light-weight metallic material which does not exceed one pound per square foot dead load" may be attached to a manufactured home with or without a foundation.  In order to attach a wood framed patio cover to a manufactured home the manufactured home shall be supported on a full perimeter foundation.  The patio cover cannot hip back on the the manufactured home unless the manufactured home has a 30 lb roof load.  

7. Do I need a permit to apply stucco to my house?

Yes, a permit is required for stucco finishes on any structure. This is due to the fact that stucco-type finishes add extra weight to the exterior of a structure and historically, improperly installed stucco-type finishes allow structural damage due to water infiltration.

8. Do I have to have a permit to replace a furnace or water heater?

Permits are required to replacement of furnaces and water heaters.  If the furnace and water heater are gas and are being installed in a manufactured home the unit shall be manufactured home approved.  If the water heater is being installed in a closet it shall be direct vent/sealed combustion unit.

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Electrical Questions

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1. What do I need for a temporary electrical service?

The electrical service box shall be installed with a ground rod.  A 20 amp GFCI outlet in a weathertight box shall be installed on the pole & connected into a 20 amp breaker in the electrical panel.  The address shall be placed on the electrical panel cover.

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Library

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1. What is this?

This is the Library's First FAQ

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Mechanical Questions

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1. Do I need a permit to install a wood or pellet burning stove?

Yes, a permit is required to install a wood or pellet burning stove. If it is to be installed in a manufactured home it shall be approved for such installation.  If it is going to be installed in a garage it must meet clearance to combustibles requirements and the door shall be at least 18" above the floor.

2. Do I need a permit to replace my electric or gas furnace?

Yes, since the replacement of a furnace is not one of the items exempted under the Uniform Mechanical Code from the permit process. A permit would be required prior to the replacement of the existing unit. Visit our Permits page or contact the Building Department for more information.

3. My local natural gas (or propane) company turned off my gas after detecting a leak. Can you authorize reconnection without an inspection?

No. Once a gas service has been disconnected we are required to witness a gas test prior to authorizing reconnection. It is unlawful for anyone (including the utility) to reconnect the gas service without first receiving authorization from the Humboldt County Building and Safety Department.

4. How do I perform a gas test on my "site built" house or manufactured home?

For a "site built" home, the code requires a gauge which measures in "Pounds per Square Inch" (PSI). The test consists of the gas line pressurized to a minimum of 20 PSI for 20 minutes. The test will then be conducted in the presence of a Building Inspector, and upon successful completion of the test, the Building Inspector will authorize service with your local natural gas or propane utility. (

Rules regulating manufactured housing are specified by the Manufactured Housing Division. Under Nevada law manufactured homes shall have their gas systems tested with a manometer gauge. (This is an instrument capable of measuring in water column (WC)"). The test shall be conducted with the entire system pressurized between 10 inches of water column (10 inches WC) and 14 inches of water column (14 inches WC) for a minimum time period of 10 minutes. When this test is successfully completed, the Building Inspector will authorize utility connection. (See Nevada Administrative Code 489.440.)

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Plumbing Questions

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1. Do I need a permit to change my hot water heater?

Yes, a permit is required, because as hot water is heated it rapidly expands. Hot water heaters are designed to withstand this pressure, through the addition of safety devices. When a hot water heater is installed improperly, they have been known to explode. In some cases they were literally propelled through the roof of a single family residence. Prior to installing a new hot water heater, we require a permit to cover the inspection of the replacement. This inspection is scheduled after the new hot water heater is in place and prior to the heating of water.

2. Why do I need a permit for my lawn sprinkler system?

Lawn sprinkler, or irrigation systems connected to potable water are required to be protected by one of the following options:

1. Atmospheric Vacuum Breaker (AVB)
2. Pressure Vacuum Breaker (PVB)
3. Reduced Pressure Backflow Preventor (RPB)

These devices are designed to be installed at the point of connection to the potable water system, to keep contanments from being pulled back into your drinking water through the sprinkler heads. Some possible sources of contamination would be lawn fertilizers and chemical pesticides that are found in the water that has a tendency to pool around low sprinkler heads on your system.

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Public Defender

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1. How do I find out if I have been appointed a Public Defender?

If the court appoints the Public Defender's Office, you will receive a letter from us. The letter will tell you the name of the attorney who will be assisting you. You may also call the Humboldt County Public Defender's Office at 775-623-6550 to find out this information.

2. How can I get the service of a Public Defender?

In order to qualify for the services of the Humboldt County Public Defender's Office, you have to be considered "indigent". Indigency is generally defined as not having enough resources to hire a private attorney. That decision is made by the Court and the judge presiding over the case and is based upon your current financial circumstances, including an examination of a person's financial assets and liabilities. Most people, even if they qualify as indigent, are asked to make some financial contribution to the County for the services of the Public Defender, normally between $250 and $1000.

3. I have been told I have a Conflict Attorney, what does that mean?

Public Defenders are licensed attorneys. As such, they are bound by the same rules of ethics, including the rule that you may not represent someone when a conflict of interest arises.

In order to accommodate this situation, Humboldt County has created the Alternate Public Defender's Office. Humboldt County also has contracted with an outside group of private attorneys in case of conflicts within the Alternate Public Defender's Office. Every case that comes into the Humboldt County Public Defender's Office is immediately screened for conflicts of interest. Whenever such a conflict is detected, the case file is transferred to the Alternate Public Defender's Office.

4. How can I contact my conflict attorney?

The conflict attorney group is administered by the Humboldt County Alternate Public Defender's Office. Their office number is _______________.

5. If I am arrested for drug possession, is there a way to have my criminal case dismissed?

Yes. Certain drug offenses, excluding trafficking, may allow you to qualify for the Specialty Courts Diversion program. Diversion court places you under the supervision of the State and Court but allows you, after successful completion of the supervision, to move to have the charges dismissed and the record of the offense sealed. There are different programs available under Nevada law and you should discuss whether you are eligible and which program might be best for you with your attorney.

6. What can I expect if I am arrested?

Obviously an arrest involves a tremendous loss of liberty. You will be photographed, fingerprinted and asked to change into jail issue clothes. You should be allowed to make a phone call. Normally, you will be interviewed in order to gather information that will help the detention center determine the best way to house you safely. If you are taking medication or have other issues that might effect your placement at the jail, please notify jail staff or ask your family and friends to contact the detention center. If you have been appointed a Public Defender, you should also advise them of any issues that might effect your classification at the detention center.

7. What is probation and what happens if I violate it?

Probation is a privilege and not a right. Probation is an opportunity to prove that you do not need to be incarcerated. When a person is placed on probation, the court normally enters a jail or prison sentence, but suspends the imposition of the sentence, provided that the defendant complies with certain requirements, such as reporting to a probation officer, not being arrested or convicted of new offenses while on probation, pay restitution, attending counseling or other conditions set by the court.

If the court finds that a person violated probation, it means that they have not complied with the conditions set by the court. The court can then impose the previously suspended sentence and place the defendant in jail or prison. It is very important to let your Public Defender know if the reason you were unable to comply was due to financial, substance abuse, or other issues, so that the court can consider the information and, hopefully, reinstate the term of probation.

8. What is bail?

Bail is a security, usually money or property, given to ensure that if an accused person is released from custody they will still attend future court appearances.

9. If I am arrested, should I talk to the police?

If you are arrested, the police will have to let you know that you have a right to an attorney before any questioning begins. If you are given the right to an attorney, it is probably for a good reason. Exercise and invoke your rights. If you want to talk to the police, do so AFTER you speak to an attorney. They will understand.

10. If the police don't read me my rights, can I get my case dismissed?

Not necessarily. The Miranda warning provides notice of the right against self-incrimination and protects a person from having their statements used against them if the statements are the product of a custodial interrogation.

If a court were to rule that such statements were inadmissible in court, that ruling would obviously have some impact on how the case would be resolved. Ultimately, the State would have to pursue the charge based upon other evidence. Unfortunately, the State may have other evidence independent of the inadmissible statement. If you have concerns about statements given to the police, please discuss the events with your attorney.

11. What is an Arraignment?

An arraignment is a hearing where an initial plea is entered to an offense. Normally, a person who is arrested and brought to the jail will have an arraignment conducted by video within 72 hours of their arrest. If a not guilty plea is entered, the court will ask the accused if they can afford private counsel. If the offense qualifies for the appointment for the services of the Public Defender's office, an application can be made.

12. What is a preliminary hearing?

A preliminary hearing is where the State must prove to a neutral magistrate that there is probable cause to believe that a crime has been committed, and that there is probable cause to believe that the accused committed the offense. This burden of proof must be met for the case to continue into District Court. The burden of proof, probable cause, is lower than required at a trial. At trial, the State has the burden of proving every element of the offense beyond a reasonable doubt.

13. What if I fail to appear at my hearing?

Failing to appear for a scheduled court appearance is a separate criminal offense and can be the basis for the issuance of a warrant. Failing to appear in court can also lead to the revocation of any bail or own recognizance release. If you fail to appear in court, you should contact your attorney immediately to see what actions can be taken on your behalf.

14. What do I do if I know I have a warrant?

Please contact your attorney. Do not hide this information from your attorney. This is important information for counsel to consider when forming a plan to challenge the State's case.

15. What do I do if I am picked up on a warrant?

If you are arrested on a warrant, you should follow the advice given to any person that is arrested; ask to talk to your attorney. If you are arrested on a warrant for an offense that involves a case where a Public Defender was appointed, please call our office at 775-623-6550.

16. Can the Public Defender's Office represent me on my traffic ticket?

Remember, the Public Defender's office only represents persons facing a loss of liberty. A citation that only carries the possibility of a fine as punishment would not provide a basis for the court to appoint a Public Defender. However, it is highly recommended that you consult with a private attorney before appearing in court on any legal matter.

17. How do I get my case investigated?

The Public Defender's office has investigators. If you are appointed the services of the Public Defender, the best way to have your case investigated is to communicate with your public defender.

18. How do I find someone who is in the Humboldt County Jail?

The Humboldt County Detention Center is located at 801 Fairgrounds Road, Winnemucca, Nevada. The detention center is managed by the Humboldt County Sheriff's office. Booking information can be found by calling 775-623-6423 or online at the Humboldt County Sheriff's Website. Visiting information can also be found on the website or by calling 775-623-6423.

19. How can I visit someone who is in the Humboldt County Detention Center?

Visiting is scheduled based upon the name of the detained person. Please call the Humboldt County Detention Center at 775-623-6423. Please understand that the visit will likely be done in a secure setting.

Also, if you decide to call or accept a call from someone detained at the Humboldt County Detention Center, be aware that the phone call will be monitored and recorded. Please be careful in discussing the details of any accusation, as the conversation may create evidence to be used against the accused.

20. How do I visit a state prison?

If you wish to visit or contact a person who is in the Nevada Department of Corrections, you first need to determine where they are being housed. Nevada has several facilities that are used to house inmates. The Nevada Department of Corrections administrative offices can be reached by calling 775-887-3285. If you are unsure of the facility, you can also perform an inmate search on the Department of Corrections website.

21. Are Public Defenders attorneys?

Yes! This is perhaps the most common misconception of the public. All Public Defenders have obtained a college degree and graduated from an accredited Law School. All Public Defenders have passed the Nevada Bar Exam and many are licensed to practice in both state and federal courts.

22. What is the difference between a Public Defender and a District Attorney?

The District Attorney is an elected official. The District Attorney is charged with the enforcement of laws in Humboldt County and employs Deputy District Attorneys to assist in that effort.

The Public Defender is appointed by the Board of County Commissioners. Every community must provide and fund attorneys for indigent persons facing a loss of liberty. The Public Defender employs Deputy Public Defenders to assist in the constitutional requirements set out by the United States Supreme Court and the Constitution of the United States.

While both offices are funded by the government, they serve independent functions.

23. Can I file my own motions in court?

If you are represented by an attorney, all motions and pleadings must be endorsed by your attorney. Motions and pleadings that are sent without the endorsement of the assigned attorney are generally considered fugitive documents and not considered by the court. A person should be very careful when they send documents to the court, as it is likely that the State prosecutor will be able to gain access to all documents in the court's file and potentially use them against the accused.

24. If I am a victim of a crime, can the Public Defender's Office represent me?

The Public Defender's Office does not represent victims of crime. If you are a victim of a crime, you should consult the Humboldt County District Attorney's office at 775-623-6363.

25. Do Public Defenders have the same obligations as private attorneys?

Yes and no. Public Defenders are licensed attorneys and have almost all of the same obligations of private attorneys. Because the services of the Public Defender are offered only in certain circumstances, Public Defenders do not maintain private trust accounts for legal fees and are exempt from certain other requirements regarding the safe-keeping of client assets. Otherwise, Public Defenders must act and perform in the same manner as private attorneys.

26. What happens if I am charged with a juvenile offense?

Juvenile offenses are not considered crimes like in the Adult courts. If you are under 18 years old and break the law, you may be charged with a delinquent act.

27. What should I do if I am in a abusive situation?

You should not live in fear. There are people you can tell, support groups you can join, and places you can go. There are ways to protect yourself or someone you care about from being scared of getting hurt. Click on the menu under Family and Youth Services for further information and resources.

28. What should I do if my family breaks up?

There are many resources to help deal with a family that is breaking up. Click on the menu under Family and Youth Services for more information and resources.

29. If juvenile charges are filed against you, you have the right to a lawyer

The law says that you must have an attorney represent you in a Juvenile Court, even if you have already decided to admit to the charges. The Public Defender's office is appointed to represent every kid. You, or your parents, may hire a private attorney to represent you if you wish.

30. How does a juvenile case start?

A Juvenile case may start with one of three things: Arrest, Citation, or Referral. If you are arrested, you will be taken to a detention facility for juveniles. If you receive a citation, the police will issue the citation and call your parents or guardian. A referral may also be made to the Juvenile Services Department.

31. What happens if I am arrested (juvenile)?

You may be released to your parents/guardian or you may be detained at the Leighton Hall Juvenile Detention Center.

32. What is a detention hearing (Juvenile)?

If you are detained at the juvenile detention center, you will have a hearing within 72 hours. A judge will decide if you will be released and a Public Defender will represent you.

33. What should I wear to my hearing?

You must represent yourself in a positive way to the Judge. The Judge is making a decision about your future so your first impression is very important. Dress neatly, and appropriately, for your court appearance. If you are unsure of appropriate dress, ask your attorney beforehand!

34. What is a plea hearing (Juvenile)?

At this hearing you must answer to the charges against you. If you deny the charges the Judge will set your case for trial.

35. What is a dispositional hearing (Juvenile)?

At this hearing the Judge will decide what your consequences will be. It may be a fine, counseling, community service, etc.

36. What is emancipation?

Any minor who is at least 16 years old and married, OR living apart from legal guardians, and is a resident of Humboldt County may ask the Juvenile Court for a decree of emancipation.

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Recorder's Office

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1. What happens to my document when it is presented for recording?

If the document meets the form requirements, is complete, and the proper fees have been paid we will accept your document and make it a matter of public record. We then key the pertinent information to create an index so that you may locate this document in the future. The document is scanned into our computer system and a backup microfilm copy is also made. Your original document will be returned as directed. If the original document is ever lost or misplaced, a certified copy may be obtained from our office.

2. Will I receive my original document back after recording?

Yes, original documents are returned at time of service, or via USPS. Documents are mailed on the next business day - delivery times are subject to USPS processing times. For more information, contact the Recorder's Office.

3. How do I add / remove a name from my property?

Please contact either a title company or receive legal counsel to assist you in preparing the necessary documentation that will need to be recorded. Per NRS 7.285 we are prohibited from providing any legal advice.   For any other information, contact the Recorder's Office.

4. Where do I obtain forms for recording purposes?

Our office provides a limited number of forms, including the Declaration of Value form (PDF). Other forms are available online, at most office supply stores or title companies. Please be sure that these forms meet our formatting requirements before mailing them in for recording (see Requirements). Mining forms and additional information are also available online at the Division of Minerals website Uniform Commercial Code forms are available at the Nevada Secretary of State's website

5. How do I obtain a copy of my marriage certificate?

A certified copy of your marriage certificate will be available once the marriage official brings the certificate into our office and it is recorded. By law, they have up to ten business days to do so. Please send your request to our office along with a $15 check or money order. Marriage certificate requests (PDF) are usually filled within two days of our receipt of the request. If you would like to pay by credit or debit card over the phone, please call (775) 623-6412. There is a $2.50 convenience charge in addition to the $15.00 fee.

6. How do I obtain a copy of an official record?

Pursuant to Nevada Revised Statutes 247.305 copies of official records are $1 each and copy fees must be collected in advance. Call or email us to find out the exact number of pages for the document(s) you wish to receive. Please refer to our Fee Schedule for a complete list of charges.

7. Will the Recorder’s Office perform a record search for me?

No, our office is not licensed, bonded or insured to provide this type of service. Please contact either a title company, a private abstractor, or receive information from legal counsel to obtain this information. Should you have further questions, you can contact the Recorder's Office.

8. What is the purpose of "recording" documents?

Recording documents fulfills the statutory requirements of perfecting documents in public records. The purpose of "recording" a document is to preserve it in an "archive" that is accessible when questions of precedence or ownership arise. Contact the Recorder's Office for more information.

9. What are your recording requirements?

Please refer to our Deed Recording Requirements to see what is required when recording a deed. All other documents must meet the requirements found in Nevada Revised Statutes. Contact the Recorder's Office for more information.

10. What is Real Property Transfer Tax?

Real Property Transfer Tax (RPTT) is a tax collected when an interest in real property is conveyed pursuant to Nevada revised Statutes 375. This amount is collected in addition to recording fees at the time of recording. A Declaration of Value form (PDF) is required to be completed on which the tax is calculated. The rate is $1.95 for each $500 of value or fraction thereof. The basis for the tax is the actual selling price or the estimated market value. There are several exemptions from the tax. Please see our List of Exemptions to see if one applies.

11. Does your office provide copies of birth / death records?

Certified copies of death and birth records may be obtained from the Recorder's Office through 1911. After that year, certified copies may be obtained by contacting the Nevada State Division of Health, Section of Vital Statistics.

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Sixth Judicial District Court

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1. What is the difference between district and justice court?

District Court and Justice Court are two separate entities within the judicial system that hold varying levels of jurisdiction. Justice Court hears both misdemeanor criminal cases and felony criminal preliminary hearings. Misdemeanor criminal cases are resolved at the Justice Court level. Felony Criminal cases begin in justice court and are bound over to District Court at the preliminary hearing. Justice Court also hears misdemeanor traffic cases, restraining orders, small claims, evictions, and all other civil matters that amount in controversy to less than $10,000. District Court hears all civil cases beyond this. If you have questions about a case or hearing date, please make sure that you contact the correct court staff.

Justice Court Small Claims and Traffic: (775) 623-6377

Justice Court Criminal: (775) 623-6059

District Court: (775) 623-6451 or (775) 623-6371

2. Can I speak to the Judge directly?

In nearly all cases, it would be inappropriate for the Judge to speak to any interested parties regarding an open case without the presence of all parties or their legal representation. If you feel you have information relevant to a case, you must provide that information to your attorney. However, if you are representing yourself; please write it down, provide a copy to the opposing party and mail it to Judge Montero’s chambers. Keep in mind that any attempt to sway the Judge toward a certain decision will be disregarded and that if you call his office you will not be permitted to speak with him directly.

3. Do I get paid for jury duty?

The thirteen individuals who are selected to sit on the jury throughout the trial are reimbursed $40 for each day that they serve. In addition, any juror who must travel a considerable distance in order to serve will be reimbursed for their mileage.

4. How can I request to be excused from jury duty?

Per Nevada statute, persons of 70 years or more as well as those who are 65 or older and living 65 miles or more away are automatically exempt from serving as a juror. If you do not meet these qualifications but you would still like to be excused, you may submit a written request to the Court detailing your reason for the request. Please include as much information about your circumstances as possible. Your letter should contain a phone number at which you can be reached during business hours as well.

Address requests to

District Court

50 W. 5th Street

Suite #207

Winnemucca, NV 89445

Please keep in mind that the Judge excuses potential jurors at his discretion and that individuals who receive a summons and fail to appear can be held in contempt. (N.R.S SS 6.020-030, 6.040)

5. What if I receive a juror summons for someone who no longer lives at my address?

If you receive a summons addressed to someone who no longer resides at your address, please do not sign for it. If you have already opened and read the summons, please let the Humboldt County Clerk’s Office know so that they can update the information in their system.

6. What can I bring with me when I appear for jury duty?

You are welcome to bring magazines, books, tablets and cellphones when you appear for jury duty as there are often times you will be made to wait. However, once you have been called for voir dire (jury screening process performed by the Judge and counsel) or selected to serve on the jury, you will leave all personal items in a secure place until you have either been excused as a potential juror or the trial has recessed for the day.

7. How do I get selected for jury duty?

The jury pool is comprised of individuals whose names are retrieved from the Winnemucca phone book, Voter Registration, Assessor’s Listings as well as records from the Department of Motor Vehicles. If you serve as a juror, your name will be removed from the jury pool for six months.

8. How do I file a complaint?

To file a complaint in the Sixth Judicial District, you must provide the document you wish to file in its original paper form as the clerk of the court is not currently equipped with an e-filing system. Furthermore, though this district does not currently have district court rules in place, each filed document should be on lined pleading paper and should comply with the district court rules of the State of Nevada. If you are filing from outside of Humboldt County, you may mail the filing fee with the document. Please see our list of filing fees in the self-help center on this website. If you have any further questions about filing protocol and fees, please contact the Humboldt County Clerk’s Office at (775) 623-6343.

9. I need to obtain legal help. What are my options?

It is the first advice of the Court that you obtain professional legal counsel from an attorney licensed to practice in the State of Nevada. However, if you are unable to afford an attorney and must represent yourself, there are numerous pro per legal forms for civil proceedings in our self-help center. There are also a number of legal aid sites available elsewhere on the internet.

10. I need to file for custody, divorce, or administration of an estate, etc. What should my first step be?

If you have decided to proceed in the process without an attorney, you can find all of the original filing and answer forms for divorce, custody, and probate matters in our self-help center on this website. Once you have found the appropriate document and filled it out accordingly, it must be filed with the Humboldt County Clerk’s Office. After the original petition and notice have been filed, all scheduling is handled directly by the Judge’s staff.

11. If I can't find a form on your website, what can I do?

If the form you are looking for is not on our website, search the collection of forms on the Washoe County and Clark County court websites. If you find the form that you need but the county header is mislabeled, cross out the incorrect county and write Humboldt above.

12. Where do I mail my filings?

All filings should be addressed to the Humboldt County Clerk’s Office at 50 W. 5th Street in Winnemucca, NV, unless otherwise arranged with the Court.

13. How can I obtain court records or perform a name search for a background check?

To obtain paper court records or perform a name search please contact the Humboldt County Clerk’s Office. If you would like a copy of an audio-visual recording of a hearing, however; please contact the Judge’s Chambers directly at (775) 623-6371.

14. Why can't District Court employees offer legal advice?

District Court employees as well as employees of the County Clerk’s Office are prohibited from offering legal advice because they must maintain impartiality at all times. Furthermore, Court and Court Clerk Staff are not licensed to practice and thus cannot provide legal advice professionally. However, Court staff can offer information about scheduling, the filing process, and the location of pro per resources and official documents.

15. Where is the district court office located?

District Court Chambers is located on the second floor of the new half of the Humboldt County Courthouse building, room 212.