After you file a complaint or other legal document in Nevada, you are responsible for providing the defendant with a copy of the document. Referred to as service of process, providing the defendant with a copy of the document ensures the defendant has actual notice of the lawsuit. In addition, it may also be necessary for the defendant to respond to the initial filing in a timely manner, and service of process helps a defendant accomplish this. Failure to serve the defendant with the document within 120 days of the initial filing of the complaint can result in the court dismissing your lawsuit. Therefore, it is very important to follow the necessary procedure when completing service in Nevada.

In Nevada, anyone over the age of 18 and not a party to the action can act as a process server. A process server delivers the filed court document to the defendant. There are several methods of accomplishing service in Nevada. For example, the process server can personally serve the defendant, meaning the process server physically hands the defendant a copy of the document. Personal service is also accomplished if the plaintiff serves the defendant’s attorney with a copy of the document. However, the plaintiff may be unaware at the beginning of the litigation whether the defendant has legal representation. In addition, the state of Nevada recognizes service by mail as a proper method of accomplishing service in certain instances including if the defendant lives in a gated community and personal service is not possible. The court may also require that you receive permission to serve by mail before attempting this form of service.

Nevada also allows a plaintiff to serve a defendant electronically, if the defendant or the defendant’s attorney have consented to this method of service. Consent to service by electronic methods must be expressly stated, and the a copy of the consent must be field with the court and served on the other party. If service by electronic means is used to serve the defendant, service is complete when the plaintiff transmits the document.  

After the process server completes service, the process server will fill out an Affidavit of Service. The Affidavit of Service describes the date, place, time and method the process server used to accomplish service. Usually, this document must be filed with the court prior to your first appearance. This document provides evidence to the court of the defendant’s knowledge of the lawsuit. Therefore, if the defendant fails to respond to the lawsuit or appear in court according to the summons, the Affidavit of Service will satisfy the court that the defendant had actual notice of the lawsuit. This is especially important if the plaintiff seeks a default judgement against the defendant. An example of an Affidavit of Service is available online at http://www.clarkcountycourts.us/lvjc/pdf/FORMJC5summons-int.pdf.

Completing service of process in Nevada can be confusing. Therefore, if you have any additional questions or concerns regarding how to complete service in Nevada, visit the Clark County Civil Law Self Help Center, http://www.clarkcountycourts.us/CivilSHC/index.html.