1. Members of the Nevada National Guard ordered into active service of the State pursuant to this chapter are not liable civilly or criminally for any act done by them in the performance of their duty. When an action or proceeding of any nature is commenced in any court by any person against any officer of the militia for any act done by the officer in his or her official capacity in the discharge of any duty pursuant to this chapter, or an alleged omission by the officer to do an act which it was his or her duty to perform, or against any person acting pursuant to the authority or order of such an officer, or by virtue of any warrant issued by the officer pursuant to law, the defendant:

(a) May have counsel of his or her own selection, with the cost of such counsel to be borne by the defendant; or

(b) Must be defended by the Attorney General in civil actions and by the State Judge Advocate in criminal actions, with the cost of such counsel to be paid out of the Reserve for Statutory Contingency Account upon approval by the State Board of Examiners unless the defendant was found to have been criminally negligent or to have acted wantonly or maliciously, in which case the cost of such counsel must be borne by the defendant,

and may require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein.

2. A defendant in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding shall recover his or her costs.

3. No member of the Nevada National Guard may be arrested on any civil process while going to, remaining at, or returning from any place at which he or she is required to attend for military duty.

4. A person may not serve a summons for, or notice of, a civil action or administrative proceeding against a member of the Nevada National Guard, and any such action or proceeding must be postponed, stayed or delayed, during any period in which the member:

(a) Assembles for training, participates in field training or active duty training, or otherwise meets as required pursuant to NRS 412.118;

(b) Begins active service or duty upon the ordered date of reporting pursuant to NRS 412.122 or 412.124; or

(c) Is going to or returning from any duty, service or training specified in paragraph (a) or (b).

(Added to NRS by 1967, 1305; A 1971, 807; 1975, 1488; 1991, 1769; 2011, 691)