Nev. R. Civ. P. Form 1

As amended through October 9, 2024
Form 1 - Rule 4.1 Request to Waive Service of Summons

(Attorney or Plaintiff Information)

(Caption)

Notice of a Lawsuit and Request to Waive Service of Summons under Rule 4.1 of the Nevada Rules of Civil Procedure

To (name the defendant or - if the defendant is a corporation, partnership, association, or other entity - name an officer or agent authorized to receive service):

Why are you getting this?

A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is enclosed with this letter.

This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal service of a summons and complaint by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed waiver within (give at least 30 days or at least 60 days if the defendant is outside the United States) from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along with a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy.

What happens next?

If you return the signed waiver, I will file it with the court. The lawsuit will then proceed as if you had been served on the date the waiver is filed, but no summons will be served on you, and you will have 60 days from the date this notice is sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside the United States).

If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service.

Your Duty to Avoid Unnecessary Expenses of Serving a Summons Rule 4.1(a) of the Nevada Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. You have a duty to cooperate in saving unnecessary expenses even if you believe that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant's property.

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service.

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 of the Nevada Rules of Civil Procedure on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond to the complaint than if a summons had been served.

I certify that this request is being sent to you on the date below.

Date:____________________

________________________________

(Signature of the attorney or self-represented party)

________________________________

(Printed name)

________________________________

(Address)

________________________________

(Email address)

________________________________

(Telephone number)

Nev. R. Civ. P. Form 1

Amended effective 3/1/2019; amended effective 3/26/2019.