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NRCP Rule 4
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.
(b) 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 limits 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.
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*** Any rule can change at any time - This rule may have been amended ***
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