Group II: Commencing an Action; Service of Process, Pleadings, Motions, and Orders · Last amended March 26, 2019 · Last verified July 14, 2026
In one sentenceRule 4.1 lets a plaintiff ask certain defendants to waive formal service of a summons, and requires a defendant who refuses without good cause to bear the cost of service and of enforcing that cost.
(a)Requesting a Waiver. An individual, entity, or association that is subject to service under Rule 4.2(a), 4.2(c)(1) or (2), 4.3(a)(1) or (3), or 4.3(b)(1) or (3) has a duty to avoid unnecessary expenses of serving the summons. The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons. The notice and request must:
(1)be in writing and be addressed:
(A)to the individual defendant; or
(B)for an entity or association, to a person designated by Rule 4.2(c)(1);
(2)name the court where the complaint was filed;
(3)be accompanied by a copy of the complaint, two copies of the waiver form, Form 2 in the Appendix of Forms or its substantial equivalent, and a prepaid means for returning the form;
(4)inform the defendant, using the waiver form, of the consequences of waiving and not waiving service;
(5)state the date when the request is sent;
(6)give the defendant a reasonable time of at least 30 days after the request was sent—or at least 60 days if sent to the defendant outside the United States—to return the waiver; and
(7)be sent by first-class mail or other reliable means.
(b)Failure to Waive. If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant:
(1)the expenses later incurred in making service; and
(2)the reasonable expenses, including attorney fees, of any motion required to collect those service expenses.
(c)Time to Answer After a Waiver. A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent—or until 90 days after it was sent to the defendant outside the United States.
(d)Results of Filing a Waiver. When the plaintiff files a waiver, proof of service is not required and these rules apply as if a summons and complaint had been served at the time of filing the waiver.
(e)Jurisdiction and Venue Not Waived. Waiving service of a summons does not waive any objection to personal jurisdiction or to venue.
Notes
Advisory Committee Note — 2019 Amendment: Rule 4.1 is new and mirrors FRCP 4(d). The waiver provisions apply to individuals, entities, and associations, wherever served, but do not apply to minors, incapacitated persons, or government defendants. The Appendix of Forms at the end of these rules includes Form 1, a Request to Waive Service of Summons; and Form 2, Waiver of Service of Summons. Use of the forms is not mandatory, but if the forms are not used the text of the request or waiver sent must be substantially similar to the text in Forms 1 and 2 to be valid.
Amendment History
Amended eff. 3-1-19; Amended eff. 3-26-19.
Plain-English Summary
Rule 4.1 offers a shortcut around formal service. A plaintiff can send a defendant who is an individual, entity, or association a written notice and request to waive service, along with a copy of the complaint, two copies of a waiver form, and a prepaid way to return it. The request has to name the court, disclose the date it was sent, and give the defendant at least 30 days to respond — 60 days if the defendant is outside the United States. This option is not available for minors or incapacitated persons, who are served under Rule 4.2(b), or for government defendants, who fall under Rule 4.2(d) instead.
The rule leans on both a carrot and a stick to make the waiver process work. The carrot: a defendant who waives gets a longer runway to answer — 60 days after the request was sent, or 90 days if sent abroad — rather than the shorter period that follows formal service. The stick: a defendant within the United States who ignores a waiver request without good cause must pay the plaintiff's later cost of formal service, plus the fees for any motion needed to collect it. Waiving service saves everyone the expense of a formal process server, but it costs the defendant nothing in substantive defenses — signing the waiver form does not give up any objection to personal jurisdiction or venue.
Frequently Asked Questions
Who can be asked to waive service under Rule 4.1?
Individuals, entities, and associations that are otherwise subject to service under the specific Rule 4.2 and 4.3 provisions this rule cross-references. Minors and incapacitated persons are excluded and must be served under Rule 4.2(b), and government defendants are excluded and must be served under Rule 4.2(d).
What do I gain by agreeing to waive service?
More time to answer. A defendant who signs and timely returns the waiver gets 60 days from when the request was sent to answer the complaint — 90 days if the request went to an address outside the United States — instead of the shorter deadline that runs from formal service.
What happens if I ignore a waiver request?
If a defendant located in the United States fails, without good cause, to return a waiver requested by a plaintiff located in the United States, the court must make that defendant pay the expenses later incurred serving them, plus the reasonable expenses, including attorney fees, of any motion needed to collect those costs.
Does signing a waiver give up my objection to jurisdiction or venue?
No. Rule 4.1(e) states plainly that waiving service of a summons does not waive any objection to personal jurisdiction or to venue. A defendant can cooperate with service and still contest whether the case belongs in that court.
How long do I have to return the waiver form?
At least 30 days after the request was sent, or at least 60 days if the request was sent to an address outside the United States. The plaintiff's request has to state the date it was sent so the defendant can calculate the deadline.
Source & verification. Rule text, official Advisory Committee
Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil
Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026.
· Official source
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