As amended through October 9, 2024
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 plaintiffs 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. Motions for the issuance of an amended summons must include a copy of the proposed summons for the court to issue.(3)Unlawful Detainer Actions. In an unlawful detainer or forcible detainer action, the time to appear and defend may not be shortened to less than 10 calendar days after service of the summons and complaint.(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. The court may elect to prepare and issue the summons to the plaintiff upon the filing of the complaint. (c)Service.(1)In General. Unless a defendant voluntarily appears, the plaintiff is responsible for 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, deputy sheriff, constable, or deputy constable of the county where the defendant is found, by a licensed process server, 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 the court's own initiative or upon motion. The court must provide written notice of the dismissal to the plaintiff.(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 but before dismissal of the action, the court must first determine whether good cause exists for the plaintiffs 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 plaintiffs 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.Nev. Justice. Ct. R. Civ. P. 4
As amended effective 7/1/2005; amended May 12, 2023, effective 7/12/2023.