Rule 4.4.Alternative service methods
Group II: Commencing an Action; Service of Process, Pleadings, Motions, and Orders · Last amended March 1, 2019 · Last verified July 14, 2026
Full Text of Rule 4.4
Notes
Advisory Committee Note — 2019 Amendment: Subsection (a). Rule 4.4(a) incorporates former NRCP 4(e)(3). Subsection (b). Modeled on Rule 4.1(k) of the Arizona Rules of Civil Procedure, Rule 4.4(b) is new and authorizes the court to fashion a method of service consistent with due process when no other available service method remains besides publication, which should only be used as a last resort. Subsection (c). Rule 4.4(c), publication, amends former NRCP 4(e)(1). Rule 4.4(c)(2) specifies the requirements for a motion seeking publication. The motion must contain specific facts demonstrating the plaintiffs efforts to find and serve the defendant; general allegations that a defendant cannot be found are insufficient to warrant publication. Rule 4.4(c)(3) governs service by publication concerning real and personal property in this state. In general, persons outside the state must be served under Rule 4.3. Given the State’s interest in resolving disputes concerning real or personal property located within this state, however, service by publication may be used for the specified defendant when that party’s presence is necessary for the action to be adjudicated. Rule 4.4(c)(4) governs the order for publication. When ordering publication, the court must designate the locations for publication and order any other steps to be taken to effect service that, in the court’s opinion, are calculated to satisfy due process. This may include publication in locations outside of Nevada or outside of the United States. The new rule adds “or other periodicals” to the rule to permit the court to authorize the summons in a periodical other than a newspaper, including an online periodical. Subsection (d). Rule 4.4(d) is new and permits the court to order the plaintiff to make reasonable efforts to provide actual notice of the action to the defendant. In this modern era of electronic communication, a plaintiff may communicate with a defendant electronically, and thus know how to contact the defendant by phone, email address, social media, or other methods, but be unaware of the defendant’s current physical address. In this situation, a plaintiff should not be permitted to mail notice to a defendant’s long-outdated last-known address while ignoring other reliable means of providing actual notice. The rule does not specify any particular method of communication, recognizing that notice via nontechnological methods of communication or future technologies may both be used, depending on the individual case. This rule is intended to work in conjunction with other service rules that require the summons and complaint to be mailed to a defendant’s last-known address. Notice given under Rule 4.4(d) does not constitute service by itself, unless the notice provided complies with another service method.
Amendment History
Added eff. 3-1-19.
Plain-English Summary
Rule 4.4 opens with the simplest fallback: if a statute prescribes its own method of service, that method controls. From there, the rule moves to court-ordered alternative service for situations where the standard methods have proven impracticable. On an ex parte motion — no notice to the person being served — a plaintiff has to submit evidence of the due diligence already undertaken to find and serve the defendant, along with whatever contact information is known (address, phone, email, social media), and propose an alternative method along with an explanation of why it satisfies due process. If the court grants the motion, the plaintiff still has to mail a copy of the summons, complaint, and court order to the defendant's last-known address and pursue any additional notice the court orders under Rule 4.4(d).
Publication is the last resort, available only when the defendant cannot be found despite due diligence, is dodging service through concealment, or is an absent or unknown owner or heir in a case about specific property. A motion for publication has to show that a real cause of action exists against the defendant, describe the plaintiff's efforts to locate them, propose the language for the published summons, and suggest a newspaper or periodical likely to reach the defendant. A narrower branch of the rule allows publication against absent, long-departed, or unknown property owners and heirs in defined categories of property cases — lien enforcement, foreclosure, quiet title, and similar disputes — but only when that person must be joined as a party under Rule 19(b). Once ordered, publication has to run at least once a week for four weeks, and service is complete four weeks after the later of the first publication or any court-ordered mailing.
Rule 4.4(d) adds a tool that has nothing to do with formal service on its own: the court can order a plaintiff to make reasonable efforts to reach a defendant through other channels — certified mail, phone, email, social media, or any other means of communication — as a supplement to whatever service method is used. The idea, as the accompanying note explains, is that a plaintiff might know how to reach a defendant electronically while lacking any current physical address, and should not be allowed to rely on a stale mailing address while ignoring more reliable ways of getting word to that person. Notice given this way does not itself count as service; it works alongside whichever formal method the plaintiff is using.
Frequently Asked Questions
When can a Nevada court authorize an alternative method of service?
When a party shows, through affidavits or other evidence, that the standard methods under Rules 4.2, 4.3, and 4.4(a) are impracticable, including the diligence already used to locate the defendant and whatever contact information is known. The court can then order any alternative method that comports with due process.
When can I serve a defendant by publishing a notice in a newspaper?
Only when the defendant cannot be found after due diligence, is evading service through concealment, or is an absent or unknown property owner or heir in a case involving specific categories of real or personal property located in Nevada.
What has to be in a motion asking to serve by publication?
Evidence that a cause of action exists against the defendant and that the defendant is a necessary or proper party, a description of the efforts made to locate and serve the defendant, the proposed language for the published summons, and a suggested newspaper or periodical reasonably likely to reach the defendant. If publication is sought because the defendant cannot be found, the plaintiff must also detail the defendant's last-known address and confirm no more current address is known.
Can I serve someone through email or social media instead of a newspaper?
Not as a standalone substitute for formal service — Rule 4.4(d) treats phone, email, and social media contact as additional notice a court can order alongside a proper service method, not as a replacement for it, unless the notice given happens to satisfy another recognized service method.
When is service by publication considered complete?
Four weeks after the later of two dates: the date of the first publication, or the date the summons and complaint were mailed to the defendant's last-known address, if mailing was ordered.