Reduction of award because of previous action or settlement; reimbursement; calculation of award not to include attorney’s fees or costs.

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1. If a person in an action brought pursuant to NRS 41.900 has previously won a monetary award against this State in a civil action related to his or her wrongful conviction, the person is only entitled to receive any amount described in NRS 41.950, less the award obtained in the previous civil action.

2. If a person in an action brought pursuant to NRS 41.900 has entered into a settlement agreement with this State related to his or her wrongful conviction, the person is entitled to receive any amount described in NRS 41.950, less the amount of the settlement agreement.

3. A person who was successful in his or her action brought pursuant to NRS 41.900 and who subsequently receives a civil settlement or award relating to his or her wrongful conviction that exceeds the amount awarded pursuant to NRS 41.950 shall reimburse this State for his or her award of damages issued pursuant to this act.

4. The calculation of an award of damages or a settlement amount pursuant to this section must not include attorney’s fees and the costs for bringing the action.

(Added to NRS by 2019, 4369)


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