Rule 4.2.Service within Nevada
Group II: Commencing an Action; Service of Process, Pleadings, Motions, and Orders · Last amended March 26, 2019 · Last verified July 14, 2026
Full Text of Rule 4.2
Notes
Advisory Committee Note — 2019 Amendment: Subsection (a). Rule 4.2(a) restyles NRCP 4(d)(6) to track FRCP 4(e)(2). Rule 4.2(a)(2) specifies that a summons and complaint may not be delivered to a person of suitable age and discretion who resides with the individual being served if the person is a party to the litigation adverse to the individual being served. This makes unavailing the practice of having a plaintiff in a divorce action accept service on behalf of the spouse with whom he or she still resides. Subsection (b). Rule 4.2(b) amends former NRCP 4(d)(3) and (4) for service on minors and incapacitated persons. NRS Chapter 129 generally defines a “minor” to be a person under 18 years of age unless emancipated. To serve a minor who is 14 years of age or older, Rule 4.2(b)(1)(A) requires personal service of the summons and complaint on the minor and, also, service on the person designated by Rule 4.2(b)(1)(B). Rule 4.2(b)(2) similarly amends the procedure for serving an incapacitated person. The rule requires personal service of the summons and complaint on the incapacitated person and, in addition, service of the summons and complaint on the incapacitated person’s guardian or fiduciary, if one has been appointed, or other person specified in the rule. Rule 4.2(b)(2) only applies when the person being served has already been declared incapacitated under applicable law; service on a person not yet declared incapacitated should be made under Rule 4.2(a). The change in terminology from “incompetent” to “incapacitated” is stylistic, not substantive. Subsection (c). The amendments to Rule 4.2(c) encompass all business entities, associations, and other organizations. Rule 4.2(c)(1) generally restates former NRCP 4(d)(1), but also incorporates provisions from FRCP 4(h)(1)(B). Rule 4.2(c)(1) applies to any Nevada entity or association and any foreign entity or association that has registered to do business in Nevada or has appointed a registered agent in Nevada. Rule 4.2(c)(2) applies to foreign entities or associations generally. Rule 4.2(c)(3) revises the second half of former NRCP 4(d)(1) and governs service on the Nevada Secretary of State when an entity or association cannot otherwise be served. Secretary of State service only applies when a Nevada or foreign entity or association is required by law to appoint a registered agent in Nevada or to register to do business in Nevada. Service on the Nevada Secretary of State now requires court approval and incorporates new alternative notice provisions in Rule 4.4(d). Subsection (d). Rule 4.2(d) amends former NRCP 4(d)(5) and addresses service on government entities and their officers and employees. Waiver of service under Rule 4.1 does not apply to government entities and persons subject to service under Rule 4.2(d).
Amendment History
Amended eff. 3-1-19; Amended eff. 3-26-19.
Plain-English Summary
For an individual, Rule 4.2 allows personal delivery, leaving the papers at the person's home with a resident of suitable age and discretion, or delivering them to an authorized agent. One limit matters in practice: the resident who accepts papers at the home cannot be an adverse party in the case. The 2019 note points to the reason — that provision closes off the old practice of letting one spouse in a still-shared household accept service on behalf of the other spouse in a divorce action. Minors 14 or older must be personally served and have the papers also delivered to a parent, guardian, or other responsible adult; incapacitated persons face a parallel rule requiring direct service on the person plus service on a guardian or similar caretaker.
Entities and associations formed, registered, or represented by a registered agent in Nevada can be served through a list of specified people — a registered agent, an officer or director, a general or limited partner, a member or manager of an LLC, a trustee, or any managing or general agent. A foreign entity that cannot be reached that way can still be served through one of those same categories of person if that person is located in Nevada. When none of that works, a plaintiff can ask the court for leave to serve the Nevada Secretary of State instead, but only after filing an affidavit describing good-faith efforts to locate the entity and explaining why ordinary service failed; the plaintiff must also mail notice to any last-known address on file. That substitute is not a way to sidestep serving an out-of-state officer or agent whose address is already known.
Government defendants get their own track. Serving the State or one of its public entities requires delivering papers to both the Attorney General's office in Carson City and the administrative head of the specific entity being sued. The same double-service requirement applies to a current or former state officer or employee sued over official conduct. Political subdivisions — counties, cities, towns — are served through the presiding officer of their governing body. If a party manages to serve one required recipient but misses the other, Rule 4.2(d)(6) gives the court discretion to allow a reasonable time to cure the gap rather than treating the whole service as void.
Frequently Asked Questions
How do you personally serve an individual defendant in Nevada?
By handing the summons and complaint directly to the individual, by leaving copies at the person's home with a resident of suitable age and discretion who is not an adverse party, or by delivering them to an agent authorized to accept service by appointment or by law.
Can my spouse, who still lives with me, accept service on my behalf in a divorce case?
No, if that spouse is the adverse party in the case. Rule 4.2(a)(2) bars leaving papers with a resident of the household who is adverse to the person being served, closing off a practice once used in divorce litigation.
How is a minor served with a lawsuit in Nevada?
A minor 14 or older must be personally served, and copies must also go to a guardian if one has been appointed, or otherwise to a parent, or — if neither can be found with reasonable diligence — to an adult caring for the minor or a person of suitable age with whom the minor lives.
How do I serve a corporation or LLC in Nevada?
Through the entity's registered agent, an officer or director, a general partner, an LLC member or manager (depending on how the company is managed), a trustee, or any managing or general agent. A foreign entity not reachable that way can still be served through one of those people if located in Nevada.
Can I serve the Nevada Secretary of State instead of the company itself?
Only with court approval, and only after filing an affidavit showing good-faith efforts to locate and serve the entity and explaining why service could not be made under the usual methods. The plaintiff must also mail notice to any last-known address for the entity or its officers.