Nevada State Process Service

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In Nevada, the rules governing service of process are outlined in the Nevada Rules of Civil Procedure (NRCP). Below is a summary of key points:

Who Can Serve Process

  • Service must be made by a person who is at least 18 years old and not a party to the case.
  • In some instances, a licensed process server or a sheriff's officer may be required.

Methods of Service

  1. Personal Service (NRCP 4.2(a)):
    • Delivery of the summons and complaint directly to the defendant.
  2. Substituted Service (NRCP 4.2(b)):
    • If personal service is unsuccessful, the documents may be left with:
      • A person of suitable age and discretion at the individual's residence.
      • An agent authorized to receive service on behalf of the defendant.
  3. Service by Mail (NRCP 4.4(c)):
    • In limited circumstances, service may be done by certified mail, return receipt requested. This often applies to parties located out of state or as part of substituted service when approved by the court.
  4. Service by Publication (NRCP 4.4(c)):
    • Used as a last resort, typically in cases where the defendant cannot be located after diligent efforts. A court order is required, and publication must occur in a newspaper of general circulation.
  5. Service on Entities (NRCP 4.2(c)):
    • Corporations, partnerships, and other entities can be served by delivering the documents to:
      • An officer.
      • A managing or general agent.
      • A registered agent designated for service of process.
  6. Out-of-State Service (NRCP 4.3):
    • Permitted for individuals or entities outside Nevada, following the same general rules. Additional rules may apply based on the jurisdiction where the defendant is located.

Timing Requirements

  • Service must be completed within 120 days after the complaint is filed, unless the court grants an extension (NRCP 4(e)).

Proof of Service

  • The server must complete a proof of service document, detailing the manner and date of service. This is then filed with the court.

Special Situations

  • Evictions: Service rules for eviction cases are governed by NRS Chapter 40, often requiring posting and mailing.
  • Small Claims: Nevada Justice Court rules provide additional guidelines for service in small claims cases.
  • Protection Orders: Special procedures apply for serving protective orders, particularly in domestic violence cases.