Nev. R. Civ. P. 5

As amended through July 7, 2023

Rule 5 - Serving and Filing Pleadings and Other Papers

(a)Service: When Required

(1)In General. Unless these rules provide otherwise, each of the following papers must be served on every party:

(A) an order stating that service is required;

(B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants;

(C) any paper relating to discovery required to be served on a party, unless the court orders otherwise;

(D) a written motion, except one that may be heard ex parte; and

(E) a written notice, appearance, demand, offer of judgment, or any similar paper.

(2)If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4.

(b)Service: How Made.

(1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party.

(2)Service in General. A paper is served under this rule by:

(A) handing it to the person;

(B) leaving it:

(i) at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or

(ii) if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there;

(C) mailing it to the person's last known address-in which event service is complete upon mailing;

(D) leaving it with the court clerk if the person has no known address;

(E) submitting it to the court's electronic filing system, if established under the NEFCR, for electronic service under NEFCR 9 or sending it by other electronic means that the person consented to in writing- in which events service is complete upon submission or sending, but is not effective if the serving party learns that it did not reach the person to be served; or

(F) delivering it by any other means that the person consented to in writing-in which event service is complete when the person making service delivers it to the agency designated to make delivery.

(3)Using Court Facilities. If the court has established an electronic filing system under the NEFCR through which service may be effected, a party may use the court's transmission facilities to make service under Rule 5(b)(2)(E).

(4)Proof of service. Proof of service may be made by certificate, acknowledgment, or other proof satisfactory to the court. Proof of service should accompany the filing or be filed in a reasonable time thereafter. Failure to make proof of service does not affect the validity of service.

(c)Serving Numerous Defendants.

(1)In General. If an action involves an unusually large number of defendants, the court may, on motion or on its own, order that:

(A) defendants' pleadings and replies to them need not be served on other defendants;

(B) any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and

(C) filing any such pleading and serving it on the plaintiff constitutes notice of the pleading to all parties.

(2)Notifying Parties. A copy of every such order must be served on the parties as the court directs,

(d)Filing.

(1)Required Filings. Any paper after the complaint that is required to be served must be filed no later than a reasonable time after service. But disclosures under Rule 16.1 and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission.

(2)Nonelectronic Filing. A paper not filed electronically is filed by delivering it:

(A) to the clerk; or

(B) to a judge who agrees to accept it for filing, and who must then note the filing date on the paper and promptly send it to the clerk.

(3)Electronic Filing, Signing, or Verification. The court may, by local rule, allow papers to be filed, signed, or verified by electronic means that are consistent with any technical standards established by the NEFCR. A paper filed electronically is a written paper for purposes of these rules.

(4)Acceptance by the Clerk. The clerk must not refuse to file a paper solely because it is not in the form prescribed by these rules or by a local rule or practice.

Nev. R. Civ. P. 5

Last amended effective 1/1/2005; amended effective 3/1/2019.

Advisory Committee Note 2019 Amendment

Rule 5 generally conforms to FRCP 5. It retains former NRCP 5(a) 's reference to a "paper relating to discovery" to remind practitioners of the need to serve discovery documents on other parties, including deposition notices under Rule 30, requests for inspections under Rule 34, and subpoenas directed to a third party under Rule 45.

The amendments to Rule 5 relating to electronic filing and service reflect Nevada rules (such as the NEFCR) and practice. Rule 5(b)(4) retains the provisions requiring a proof of service to be attached to an electronic filing; the April 2018 amendments to the federal rule eliminating the proof of service for electronic filing are not adopted. NEFCR 9 bases the time to respond to a document served through an electronic filing system on the date stated in the proof of service.

Drafter's Note

2004 Amendment

Subdivision (b) is reorganized to make its provisions more accessible. Subparagraphs (A), (B), and (C) of Rule 5(b)(2) retain the method-of-service provisions of former Rule 5(b). Subparagraph (D) is new. It permits service by electronic means, including facsimile and electronic-mail, consistent with the 2001 amendments to the federal rule. Subdivision (b)(2)(D) provides that the served attorney or party must consent in writing to service by electronic means and includes specific provisions governing the form and content of the consent to service by electronic means. Subdivision (b)(3) is also new. It addresses the question of failed electronic service. Subdivision (b)(4) retains the proof-of-service provisions of former Rule 5(b).

Subdivision (e) is revised to conform to the 1991 and 1996 amendments to the federal rule. First, the amendment adds language that prohibits the clerk from refusing to ''accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or any local rules or practices.'' Second, the amendment adds language to accommodate local rules that authorize filing by facsimile or other electronic means and thereby empowers the district courts to address the adoption of electronic filing based on the capabilities of both the district court clerk's office and the desires of the bench and bar.