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NEVADA RULES OF CIVIL PROCEDURE
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- Rule 4. Process
(a) Summons: Issuance. Upon the filing of the complaint,
the clerk shall forthwith issue a summons and deliver it to the plaintiff or to the
plaintiff's attorney, who shall be responsible for service of the summons and a copy of
the complaint. Upon request of the plaintiff, separate or additional summons shall issue
against any defendants.
(a) Same: Form. The summons shall be signed by the
clerk, be under the seal of the court, contain the name of the court and county and the
names of the parties, be directed to the defendant, state the name and address of the
plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which
these rules require the defendant to appear and defend, and shall notify him that in case
of his failure to do so judgment by default will be rendered against him for the relief
demanded in the complaint. When service of the summons is made by publication, the summons
shall, in addition to any special statutory requirements, also contain a brief statement
of the object of the action substantially as follows: "This action is brought to
recover a judgment dissolving the contract of marriage (or bonds of matrimony) existing
between you and the plaintiff," or "foreclosing the mortgage of plaintiff upon
the land (or other property) described in complaint," or as the case may be.
(c) By Whom Served. Process shall be served by the
sheriff of the county where the defendant is found, or by his deputy, or by any citizen of
the United States over eighteen years of age, except that a subpoena may be served as
provided in Rule 45; where the service of process is made outside of the United States,
after an order of publication, it may be served either by any citizen of the United States
over eighteen years of age or by any resident of the country, territory, colony or
province, who is over eighteen years of age.
(d) Summons: Personal Service. The summons and complaint
shall be served together. The plaintiff shall furnish the person making service with such
copies as are necessary. Service shall be made by delivering a copy of the summons
attached to a copy of the complaint as follows:
- (1) If the suit is against a corporation formed under the laws of this state; to
the president or other head of the corporation, secretary, cashier, managing agent, or
resident agent thereof; provided, when for any reason service cannot be had in the manner
hereinabove provided, then service may be made upon such corporation by delivering to
the secretary of state, or his deputy, a copy of said summons attached to a copy of the
complaint, and by posting a copy of said process in the office of the clerk of the court
in which such action is brought or pending; defendant shall have twenty (20) days after
such service and posting in which to appear and answer; provided, however, that before
such service shall be authorized, plaintiff shall make or cause to be made and filed in
such cause an affidavit setting forth the facts showing that personal service on or notice
to the officers, managing agent or resident agent of said corporation cannot be had within
the state; and provided further, that if it shall appear from such affidavit that there is
a last known address of a known officer of said corporation outside the state, plaintiff
shall, in addition to and after such service upon the secretary of state and posting, mail
or cause to be mailed to such known officer at such address by registered mail, a copy of
the summons and a copy of the complaint, and in all such cases defendant shall have twenty
(20) days from the date of such mailing within which to answer or plead.
- (2) If the suit is against a foreign corporation, or a nonresident partnership,
joint-stock company or association, doing business and having a managing or business
agent, cashier, or secretary within this state; to such agent, cashier, or secretary or to
an agent designated for service of process as required by law; or in the event no such
agent is designated, to the secretary of state or the deputy secretary of state, as
provided by law.
- (3) If against a minor, under the age of fourteen years, residing within this
state, to such minor, personally, and also to his father, mother, or guardian; or if there
be none within this state; then to any person having the care or control of such minor, or
with whom he resides, or in whose service he is employed.
- (4) If against a person residing within this state who has been judicially
declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a
guardian has been appointed, to such person and also to his guardian.
- (5) If against a county, city, or town, to the chairman of the board of
commissioners, president of the council or trustees, mayor of the city, or other head of
the legislative department thereof.
- (6) In all other cases to the defendant personally, or by leaving copies thereof
at his dwelling house or usual place of abode with some person of suitable age and
discretion then residing therein, or by delivering a copy of the summons and complaint
to an agent authorized by appointment or by law to receive service of process.
(e) Same: Other service.
- (1) Service by Publication.
- (i) General. When the person on whom service is to be made resides out of the
state, or has departed from the state, or cannot, after due diligence, be found within the
state, or conceals himself to avoid the service of summons, and the fact shall appear, by
affidavit, to the satisfaction of the court or judge thereof, and it shall appear, either
by affidavit or by a verified complaint on file, that a cause of action exists against the
defendant in respect to whom the service is to be made, and that he is a necessary or
proper party to the action, such court or judge may grant an order that the service be
made by the publication of summons. Provided, when said affidavit is based on the fact
that the party on whom service is to be made resides out of the state, and the present
address of the party is unknown, it shall be a sufficient showing of such fact if the
affiant shall state generally in such affidavit that at a previous time such person
resided out of this state in a certain place (naming the place and stating the latest date
known to affiant when such party so resided there); that such place is the last place in
which such party resided to the knowledge of affiant; that such party no longer resides at
such place; that affiant does not know the present place of residence of such party or
where such party can be found; and that affiant does not know and has never been informed
and has no reason to believe that such party now resides in this state; and, in such case,
it shall be presumed that such party still resides and remains out of the state, and such
affidavit shall be deemed to be a sufficient showing of due diligence to find the
defendant. This rule shall apply to all manner of civil actions, including those for
divorce.
- (ii) Property. In any action which relates to, or the subject of which is, real
or personal property in this state in which such person defendant or corporation defendant
has or claims a lien or interest, actual or contingent, therein, or in which the relief
demanded consists wholly or in part of excluding such person or corporation from any
interest therein, and the said defendant resides out of the state or has departed from the
state, or cannot after due diligence be found within the state, or conceals himself to
avoid the service of summons, the judge or justice may make an order that the service be
made by the publication of summons; said service by publication shall be made in the same
manner as now provided in all cases of service by publication.
- (iii) Publication. The order shall direct the publication to be made in a
newspaper, published in the State of Nevada, to be designated by the court or judge
thereof, for a period of four weeks, and at least once a week during said time. In
addition to in-state publication, where the present residence of the defendant is unknown
the order may also direct that publication be made in a newspaper published outside the
State of Nevada whenever the court is of the opinion that such publication is necessary to
give notice that is reasonably calculated to give a defendant actual notice of the
proceedings. In case of publication, where the residence of a nonresident or absent
defendant is known, the court or judge shall also direct a copy of the summons and
complaint to be deposited in the post office, directed to the person to be served at his
place of residence. When publication is ordered, personal service of a copy of the summons
and complaint, out of the state, shall be equivalent to completed service by publication
and deposit in the post office, and the person so served shall have twenty days after said
service to appear and answer or otherwise plead. The service of summons shall be deemed
complete in cases of publication at the expiration of four weeks from the first
publication, and in cases when a deposit of a copy of the summons and complaint in the
post office is also required, at the expiration of four weeks from such deposit.
- (2) Personal Service Outside the State. Personal service of summons upon a party
outside this state may be made by delivering a copy of the summons, together with a copy
of the complaint, to the party served in the manner provided by statute or rule of court
for service upon a party of like kind within this state. This method of service may be
used only where the party being served has submitted to the jurisdiction of the courts of
this state as provided by NRS 14.065. The methods of service are cumulative, and may be
utilized with, after, or independently of, other methods of service.
- (3) Statutory Service. Whenever a statute provides for service, service may be
made under the circumstances and in the manner prescribed by the statute.
(f) Territorial limits of effective service. All
process, including subpoenas, may be served anywhere within the territorial limits of the
State and, when a statute or rule so provides, beyond the territorial limit of the state.
A voluntary appearance of the defendant shall be equivalent to personal service of process
upon him in this State.
(g) Return. The person serving the process shall make
proof of service thereof to the court promptly and in any event within the time during
which the person served must respond to the process. Proof of service shall be as
follows:
(1) If served by the sheriff or his deputy, the affidavit or certificate of
such sheriff or deputy; or
(2) If by any other person, his affidavit thereof; or
(3) In case of publication, the affidavit of the publisher, his foreman or
principal clerk, or other employee having knowledge thereof, showing the same, and an
affidavit of a deposit of a copy of the summons in the post office, if the same shall have
been deposited; or
(4) The written admission of the defendant. In case of service otherwise than by
publication, the certificate or affidavit shall state the date, place and manner of
service. Failure to make proof of service shall not affect the validity of the service.
(h) Amendment. At any time in its discretion and upon
such terms as it deems just, the court may allow any process or proof of service thereof
to be amended, unless it clearly appears that material prejudice would result to the
substantial rights of the party against whom the process issued.
(i) Summons: Time Limit for Service. If a service of the
summons and complaint is not made upon a defendant within 120 days after the filing of the
complaint and the party on whose behalf such service was required cannot show good cause
why such service was not made within that period, the action shall be dismissed as to that
defendant without prejudice upon the court's own initiative with notice to such party or
upon motion.
(Amended eff. 3-16-64; Amended eff. 9-27-71; Amended eff. 1-8-79; Amended eff. 12-13-85,
eff. 2-11-86; Amended 4-9-86, eff. 6-9-86; Amended 6-8-94, eff. 8-7-94; Amended 10-12-94,
eff. 12-11-94; Amended 12-23-94, eff. 2-21-95; Amended eff. 2-28-97.)
Rule 45. Subpoena.
(a) For attendance of witnesses; forms; issuance. Every
subpoena shall be issued by the clerk under the seal of the court, shall state the name of
the court and the title of the action, and shall command each person to whom it is
directed to attend and give testimony at a time and place therein specified. The clerk
shall issue a subpoena, or a subpoena for the production of documentary evidence, signed
and sealed but otherwise in blank, to a party requesting it, who shall fill it in before
service.
(b) For production of documentary evidence. A subpoena
may also command the person to whom it is directed to produce the books, papers,
documents, or tangible things designated therein; but the court, upon motion made promptly
and in any event at or before the time specified in the subpoena for compliance therewith,
may
- (1) quash or modify the subpoena if it is unreasonable and oppressive or (2)
condition denial of the motion upon the advancement, by the person in whose behalf the
subpoena is issued, of the reasonable cost of producing the books, papers, documents, or
tangible things.
(c) Service. A subpoena may be served by the sheriff, by
his deputy, or by any other person who is not a party and is not less than 18 years of
age. Service of a subpoena upon a person named therein shall be made by delivering a
copy thereof to such person and by tendering to him the fees for one day's attendance and
the mileage allowed by law. When the subpoena is issued on behalf of the State or an
officer or agency thereof, fees and mileage need not be tendered.
(d) Subpoena for taking depositions; place of examination.
- (1) A request of a party constitutes a sufficient authorization for the
issuance, by the clerk of the district court for the district in which the action is
pending, of subpoenas for the persons named or described therein. The subpoena may command
the person to whom it is directed to produce and permit inspection and copying of
designated books, papers, documents, or tangible things which constitute or contain
matters within the scope of the examination permitted by Rule 26(b), but in that event the
subpoena will be subject to the provisions of Rule 26(c) and subdivision (b) of this rule.
The person to whom the subpoena is directed may, within 10 days after the service thereof
or on or before the time specified in the subpoena for compliance if such time is less
than 10 days after service, serve upon the attorney designated in the subpoena written
objection to inspection or copying of any or all of the designated materials. If objection
is made, the party serving the subpoena shall not be entitled to inspect and copy the
materials except pursuant to an order of the court from which the subpoena was issued. The
party serving the subpoena may, if objection has been made, move upon notice to the
deponent for an order at any time before or during the taking of the deposition.
- (2) A resident of the district in which the deposition is to be taken may be
required to attend an examination only in the county wherein he resides or is employed or
transacts his business in person, or at such other convenient place as is fixed by an
order of court. A nonresident of the district may be required to attend only in the county
wherein he is served with a subpoena, or within 40 miles from the place of service, or at
such other convenient place as is fixed by an order of court.
- (3) If the action is pending out of the state, the subpoenas may be issued by
the clerk of any district court, and the court in the district in which the deposition is
being taken shall, for the purposes of these rules, be considered the court in which the
action is pending.
(e) Subpoena for a hearing or trial.
- (1) At the request of any party subpoenas for attendance at a hearing or trial
shall be issued by the clerk of the district court for the district in which the hearing
or trial is held. A subpoena requiring the attendance of a witness at a hearing or trial
may be served at any place within the State.
(f) Contempt. Failure by any person without adequate
excuse to obey a subpoena served upon him may be deemed a contempt of the court from which
the subpoena issued.
(Amended eff. 9-27-71; Amended 4-4-96, eff. 5-1-96.)
NRS 14.020 Foreign corporations, limited-liability companies,
limited-liability partnerships, limited partnerships, business trusts and municipal
corporations doing business in state to appoint resident agents; service of process,
demand or notice.
1. Every corporation, limited-liability company, limited-liability partnership,
limited partnership, business trust and municipal corporation created and existing under
the laws of any other state, territory, or foreign government, or the Government of the
United States, doing business in this state shall appoint and keep in this state a
resident agent who resides or is located in this state, upon whom all legal process and
any demand or notice authorized by law to be served upon it may be served in the manner
provided in subsection 2. The corporation, limited-liability company, limited-liability
partnership, limited partnership, business trust or municipal corporation shall file with
the secretary of state a certificate of acceptance of appointment signed by its resident
agent. The certificate must set forth the full name and address of the resident agent. The
certificate must be renewed in the manner provided in Title 7 of NRS whenever a change is
made in the appointment or a vacancy occurs in the agency.
2. All legal process and any demand or notice authorized by law to be served
upon the foreign corporation, limited-liability company, limited-liability partnership,
limited partnership, business trust or municipal corporation may be served upon the
resident agent personally or by leaving a true copy thereof with a person of suitable age
and discretion at the address shown on the current certificate of acceptance filed with
the secretary of state.
3. Subsection 2 provides an additional mode and manner of serving process,
demand or notice and does not affect the validity of any other service authorized by law.
[1911 CPA 82; A 1933, 191; 1939, 66; 1931 NCL 8580] - (NRS A 1969, 570; 1989, 952;
1991, 1309; 1993, 556; 1999, 1631)
NRS 14.030 Service of process, demand or notice when foreign
corporation, limited-liability company, limited-liability partnership, limited
partnership, business trust or municipal corporation fails to appoint resident agent.
1. If any artificial person described in NRS 14.020 fails to appoint a resident
agent, or fails to file a certificate of acceptance of appointment for 30 days after a
vacancy occurs in the agency, on the production of a certificate of the secretary of state
showing either fact, which is conclusive evidence of the fact so certified to be made a
part of the return of service, the artificial person may be served with any and all legal
process, or a demand or notice described in NRS 14.020, by delivering a copy to the
secretary of state, or, in his absence, to any deputy secretary of state, and such service
is valid to all intents and purposes. The copy must:
- (a) Include a specific citation to the provisions of this section. The secretary
of state may refuse to accept such service if the proper citation is not included.
- (a) Be accompanied by a fee of $10. The secretary of state shall keep a copy of
the legal process received pursuant to this section in his office for at least 1 year
after receipt thereof and shall make those records available for public inspection during
normal business hours.
2. In all cases of such service, the defendant has 40 days, exclusive of the day
of service, within which to answer or plead.
3. Before such service is authorized, the plaintiff shall make or cause to be
made and filed an affidavit setting forth the facts, showing that due diligence has been
used to ascertain the whereabouts of the officers of the artificial person to be served,
and the facts showing that direct or personal service on, or notice to, the artificial
person cannot be had.
4. If it appears from the affidavit that there is a last known address of the
artificial person or any known officers thereof, the plaintiff shall, in addition to and
after such service on the secretary of state, mail or cause to be mailed to the artificial
person or to the known officer, at such address, by registered or certified mail, a copy
of the summons and a copy of the complaint, and in all such cases the defendant has 40
days after the date of the mailing within which to appear in the action.
5. This section provides an additional manner of serving process, and does not
affect the validity of any other valid service.
[1911 CPA 83; A 1921, 107; 1939, 66; 1931 NCL 8581] - (NRS A 1960, 226; 1969, 17,
95; 1997, 472; 1999, 404, 1632)
NRS 14.050 Service by publication on unknown parties generally. If
any plaintiff shall allege that there are, or that he verily believes that there are,
persons, other than heirs, interested in the subject matter of the complaint, whose names
he cannot insert therein because they are unknown to him, and shall describe the interest
of such persons and how derived, so far as his knowledge extends, the court or the judge
thereof shall make an order for the publication of summons, reciting, moreover, the
substance of the allegations of the complaint in relation to the interest of such unknown
parties; and, after the completion of service by such publication, the court shall have
jurisdiction of such persons, and any judgment or decree rendered in the action shall
apply to and conclude such persons with respect to such interest in the subject matter of
the action.
[1911 CPA 88; RL 5030; NCL 8586]
NRS 14.060 Proceedings where there are several defendants and part
only are served. Where the action is against two or more defendants, and the summons is
served on one or more but not on all of them, the plaintiff may proceed as follows:
1. If the action be against the defendants jointly indebted upon a contract, he
may proceed against the defendant served, unless the court otherwise directs; and if he
recover judgment, it may be entered against all the defendants thus jointly indebted, so
far only as that it may be enforced against the joint property of all and the separate
property of the defendant served; or
2. If the action be against defendants severally liable, he may proceed against
the defendants served in the same manner as if they were the only defendants.
[1911 CPA 89; RL 5031; NCL 8587]
NRS 14.065 Exercise of jurisdiction on any basis consistent with
state and federal constitutions; service of summons to confer jurisdiction.
1. A court of this state may exercise jurisdiction over a party to a civil
action on any basis not inconsistent with the constitution of this state or the
Constitution of the United States.
2. Personal service of summons upon a party outside this state is sufficient to
confer upon a court of this state jurisdiction over the party so served if the service is
made by delivering a copy of the summons, together with a copy of the complaint, to the
party served in the manner provided by statute or rule of court for service upon a person
of like kind within this state.
3. The method of service provided in this section is cumulative, and may be
utilized with, after or independently of other methods of service.
(Added to NRS by 1969, 845; A 1983, 1503; 1993, 865; 1995, 1041)
NRS 14.070 Exercise of jurisdiction on any basis consistent with
state and federal constitutions; service of summons to confer jurisdiction.
1. The use and operation of a motor vehicle over the public roads, streets or
highways, or in any other area open to the public and commonly used by motor vehicles, in
the State of Nevada by any person, either as principal, master, agent or servant, shall be
deemed an appointment by the operator, on behalf of himself and his principal or master,
his executor, administrator or personal representative, of the director of the department
of motor vehicles and public safety to be his true and lawful attorney upon whom may be
served all legal process in any action or proceeding against him, his principal or master,
his executor, administrator or personal representative, growing out of such use or
resulting in damage or loss to person or property, and the use or operation signifies his
agreement that any process against him which is so served has the same legal force and
validity as though served upon him personally within the State of Nevada.
2. Service of process must be made by leaving a copy of the process with a fee
of $5 in the hands of the director of the department of motor vehicles and public safety
or in his office, and the service shall be deemed sufficient upon the operator if notice
of service and a copy of the process is sent by registered or certified mail by the
plaintiff to the defendant at the address supplied by the defendant in his accident
report, if any, and if not, at the best address available to the plaintiff, and a return
receipt signed by the defendant or a return of the United States Postal Service stating
that the defendant refused to accept delivery or could not be located, or that the address
was insufficient, and the plaintiff's affidavit of compliance therewith are attached to
the original process and returned and filed in the action in which it was issued. Personal
service of notice and a copy of the process upon the defendant, wherever found outside of
this state, by any person qualified to serve like process in the State of Nevada is the
equivalent of mailing, and may be proved by the affidavit of the person making the
personal service appended to the original process and returned and filed in the action in
which it was issued.
3. The court in which the action is pending may order such continuances as may
be necessary to afford the defendant reasonable opportunity to defend the action.
4. The fee of $5 paid by the plaintiff to the director of the department of
motor vehicles and public safety at the time of the service must be taxed in his costs if
he prevails in the suit. The director of the department of motor vehicles and public
safety shall keep a record of all service of process, including the day and hour of
service.
5. The foregoing provisions of this section with reference to the service of
process upon an operator defendant are not exclusive, except if the operator defendant is
found within the State of Nevada, he must be served with process in the State of Nevada.
6. The provisions of this section apply to nonresident motorists and to resident
motorists who have left the state or cannot be found within the state following an
accident which is the subject of an action for which process is served pursuant to this
section.
[1:275:1953; A 1955, 453] + [2:275:1953] + [3:275:1953] + [4:275:1953] + [5:275:1953] -
(NRS A 1957, 628; 1961, 155; 1963, 800; 1969, 95, 611; 1981, 1591; 1985, 1971)
NRS 14.080 Service of process on foreign manufacturers, producers
and suppliers of products.
1. Any company, firm, partnership, corporation or association created and
existing under the laws of any other state, territory, foreign government or the
Government of the United States, which manufactures, produces, makes, markets or otherwise
supplies directly or indirectly any product for distribution, sale or use in this state
may be lawfully served with any legal process in any action to recover damages for an
injury to a person or property resulting from such distribution, sale or use in this state
by mailing to the last known address of the company, firm, partnership, corporation or
association, by registered or certified mail return receipt requested, a copy of the
summons and a copy of the complaint.
2. In all cases of such service, the defendant has 40 days, exclusive of the day
of service, within which to answer or plead.
3. This section provides an additional manner of serving process and does not
invalidate any other service.
(Added to NRS by 1961, 57; A 1969, 18, 95; 1997, 473)
NRS 14.090 Service of process at residence accessible only through
gate.
1. A person who resides at a location to which access is not reasonably
available except through a gate may be lawfully served with any legal process in the
manner provided in this section. If there is:
- (a) A guard posted at the gate and the guard denies access to the residence for
service of process, service of process is effective upon leaving a copy thereof with the
guard.
- (b) No guard posted at the gate and entry through the gate is not reasonably
available, the court may, if it is satisfied by affidavit that those facts are true, allow
service of process by mailing a copy thereof to the residence by certified or registered
mail.
2. The manner of service authorized by this section is supplemental to and does
not affect the validity of any other manner of service authorized by law.
NRS 174.345 Service of subpoena.
1. Except as otherwise provided in NRS 174.315 and subsection 2, a subpoena may
be served by a peace officer or by any other person who is not a party and who is not
less than 18 years of age. Service of a subpoena must be made by delivering a copy
thereof to the person named.
2. Except as otherwise provided in NRS 174.315, a subpoena to attend a
misdemeanor trial may be served by mailing the subpoena to the person to be served by
registered or certified mail, return receipt requested from that person, in a sealed
postpaid envelope, addressed to the person's last known address, not less than 10 days
before the trial which the subpoena commands him to attend.
3. If a subpoena is served by mail, a certificate of the mailing must be filed
with the court within 2 days after the subpoena is mailed.
(Added to NRS by 1967, 1421; A 1977, 638; 1989, 685)
NRS 648.014 "Process server" defined. "Process
server" means a person, other than a peace officer of the State of Nevada, who
engages in the business of serving legal process within this state.
(Added to NRS by 1967, 1363; A 1985, 1333)
NRS 648.110 Qualifications of applicants; issuance of license.
1. Before the board grants any license, the applicant, including each director
and officer of a corporate applicant, must:
- (a) Be at least 21 years of age.
- (b) Be a citizen of the United States or lawfully entitled to remain and work in
the United States.
- (c) Be of good moral character and temperate habits.
- (d) Have no conviction of a felony or a crime involving moral turpitude or the
illegal use or possession of a dangerous weapon.
2. Each applicant, or the qualifying agent of a corporate applicant, must:
- (d) If an applicant for a process server's license, have at least 2 years'
experience as a process server, or the equivalent thereof, as determined by the board
- (h) Meet other requirements as determined by the board.
3. The board, when satisfied from recommendations and investigation that the
applicant is of good character, competency and integrity, may issue and deliver a license
to the applicant entitling him to conduct the business for which he is licensed, for the
period which ends on July 1 next following the date of issuance.
4. For the purposes of this section, 1 year of experience consists of 2,000
hours of experience.
[9:85:1947; A 1953, 323] - (NRS A 1967, 1360; 1971, 1088; 1973, 684; 1977, 1567; 1981,
1637; 1983, 735; 1985, 1337; 1997, 209)
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