Effect of declination of Attorney General or designee to intervene in action by private plaintiff; authority for and effect of election by Attorney General or designee to intervene subsequently in such action.

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1. If the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 elects not to intervene in an action pursuant to NRS 357.080, the private plaintiff has the same rights in conducting the action as the Attorney General or the Attorney General’s designee would have had. A copy of each pleading or other paper filed in the action, and a copy of the transcript of each deposition taken, must be mailed to the Attorney General or the Attorney General’s designee if the Attorney General or the Attorney General’s designee so requests and pays the cost thereof.

2. For good cause shown, the Attorney General or the Attorney General’s designee may intervene in an action in which he or she has previously declined to intervene, if the interest of the State or a political subdivision in recovery of the money or property involved is not being adequately represented by the private plaintiff.

3. If the Attorney General or the Attorney General’s designee so intervenes, the private plaintiff retains primary responsibility for conducting the action and any recovery must be apportioned as if the Attorney General or the Attorney General’s designee had not intervened.

(Added to NRS by 1999, 826; A 2011, 376; 2013, 1048)


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