NRCP 4

Summons and Service

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Rule 4. Summons and Service

 (a) Summons.

 (1) Contents. A
summons must:

 (A) name the court, the county, and
the parties;

 (B) be directed to the defendant;

 (C) state the name and address of
the plaintiff’s attorney or—if unrepresented—of the plaintiff;

 (D) state the time within which the
defendant must appear and defend under Rule 12(a) or any other applicable rule
or statute;

 (E) notify the defendant that a
failure to appear and defend will result in a default judgment against the
defendant for the relief demanded in the complaint;

 (F) be signed by the clerk;

 (G) bear the court’s seal; and

 (H) comply with Rule 4.4(c)(2)(C)
when service is made by publication.

 (2) Amendments. The
court may permit a summons to be amended.

 (b) Issuance. On or after
filing a complaint, the plaintiff must present a summons to the clerk for
issuance under signature and seal. If a summons is properly presented, the
clerk must issue a summons under signature and seal to the plaintiff for
service on the defendant. A summons—or a copy of a summons that is addressed to
multiple defendants—must be issued for each defendant to be served.

 (c) Service.

 (1) In General. Unless
a defendant voluntarily appears, the plaintiff is responsible for:

 (A) obtaining a waiver of service
under Rule 4.1, if applicable; or

 (B) having the summons and complaint
served under Rule 4.2, 4.3, or 4.4 within the time allowed by Rule 4(e).

 (2) Service With a Copy of the
Complaint. A summons must be served with a copy of the
complaint. The plaintiff must furnish the necessary copies to the person who
makes service.

 (3) By Whom. The
summons and complaint may be served by the sheriff, or a deputy sheriff, of the
county where the defendant is found or by any person who is at least 18 years
old and not a party to the action.

 (4) Cumulative Service Methods. The
methods of service provided in Rules 4.2, 4.3, and 4.4 are cumulative and may
be utilized with, after, or independently of any other methods of service.

 (d) Proof of Service. Unless
a defendant voluntarily appears or waives or admits service, a plaintiff must
file proof of service with the court stating the date, place, and manner of
service no later than the time permitted for the defendant to respond to the
summons.

 (1) Service Within the United States. Proof
of service within Nevada or within the United States must be made by affidavit
from the person who served the summons and complaint.

 (2) Service Outside the United States. Service
not within the United States must be proved as follows:

 (A) if made under Rule 4.3(b)(1)(A),
as provided in the applicable treaty or convention; or

 (B) if made under Rule 4.3(b)(1)(B)
or (C), by a receipt signed by the addressee, or by other evidence satisfying
the court that the summons and complaint were delivered to the addressee.

 (3) Service by Publication. If
service is made by publication, a copy of the publication must be attached to
the proof of service, and proof of service must be made by affidavit from:

 (A) the publisher or other
designated employee having knowledge of the publication; and

 (B) if the summons and complaint
were mailed to a person’s last-known address, the individual depositing the
summons and complaint in the mail.

 (4) Amendments. The
court may permit proof of service to be amended.

 (5) Failure to Make Proof of Service. Failure
to make proof of service does not affect the validity of the service.

 (e) Time Limit for Service.

 (1) In General. The
summons and complaint must be served upon a defendant no later than 120 days
after the complaint is filed, unless the court grants an extension of time
under this rule.

 (2) Dismissal. If
service of the summons and complaint is not made upon a defendant before the
120-day service period—or any extension thereof—expires, the court must dismiss
the action, without prejudice, as to that defendant upon motion or upon the
court’s own order to show cause.

 (3) Timely Motion to Extend Time. If
a plaintiff files a motion for an extension of time before the 120-day service
period—or any extension thereof—expires and shows that good cause exists for
granting an extension of the service period, the court must extend the service
period and set a reasonable date by which service should be made.

 (4) Failure to Make Timely Motion to
Extend Time. If a plaintiff files a motion for an extension of
time after the 120-day service period—or any extension thereof—expires, the
court must first determine whether good cause exists for the plaintiff’s
failure to timely file the motion for an extension before the court considers
whether good cause exists for granting an extension of the service period. If
the plaintiff shows that good cause exists for the plaintiff’s failure to
timely file the motion and for granting an extension of the service period, the
court must extend the time for service and set a reasonable date by which
service should be made.

 [Amended; effective March 1, 2019.]

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.