Group II: Commencing an Action; Service of Process, Pleadings, Motions, and Orders · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 4 sets the required contents and issuance of a summons, assigns responsibility for serving it, prescribes how proof of service is made, and imposes a 120-day deadline to serve each defendant, extendable only on a showing of good cause.
(C)state the name and address of the plaintiffs attorney or—if unrepresented—of the plaintiff;
(D)state the time within which the defendant must appear and defend under Rule 12(a) or any other applicable rule or statute;
(E)notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint;
(F)be signed by the clerk;
(G)bear the court’s seal; and
(H)comply with Rule 4.4(c)(2)(C) when service is made by publication.
(2)Amendments. The court may permit a summons to be amended.
(b)Issuance. On or after filing a complaint, the plaintiff must present a summons to the clerk for issuance under signature and seal. If a summons is properly presented, the clerk must issue a summons under signature and seal to the plaintiff for service on the defendant. A summons—or a copy of a summons that is addressed to multiple defendants—must be issued for each defendant to be served.
(1)In General. Unless a defendant voluntarily appears, the plaintiff is responsible for:
(A)obtaining a waiver of service under Rule 4.1, if applicable; or
(B)having the summons and complaint served under Rule 4.2, 4.3, or 4.4 within the time allowed by Rule 4(e).
(2)Service With a Copy of the Complaint. A summons must be served with a copy of the complaint. The plaintiff must furnish the necessary copies to the person who makes service.
(3)By Whom. The summons and complaint may be served by the sheriff, or a deputy sheriff, of the county where the defendant is found or by any person who is at least 18 years old and not a party to the action.
(4)Cumulative Service Methods. The methods of service provided in Rules 4.2, 4.3, and 4.4 are cumulative and may be utilized with, after, or independently of any other methods of service.
(d)Proof of Service. Unless a defendant voluntarily appears or waives or admits service, a plaintiff must file proof of service with the court stating the date, place, and manner of service no later than the time permitted for the defendant to respond to the summons.
(1)Service Within the United States. Proof of service within Nevada or within the United States must be made by affidavit from the person who served the summons and complaint.
(2)Service Outside the United States. Service not within the United States must be proved as follows:
(A)if made under Rule 4.3(b)(1)(A), as provided in the applicable treaty or convention; or
(B)if made under Rule 4.3(b)(1)(B) or (C), by a receipt signed by the addressee, or by other evidence satisfying the court that the summons and complaint were delivered to the addressee.
(3)Service by Publication. If service is made by publication, a copy of the publication must be attached to the proof of service, and proof of service must be made by affidavit from:
(A)the publisher or other designated employee having knowledge of the publication; and
(B)if the summons and complaint were mailed to a person’s last-known address, the individual depositing the summons and complaint in the mail.
(4)Amendments. The court may permit proof of service to be amended.
(5)Failure to Make Proof of Service. Failure to make proof of service does not affect the validity of the service.
(1)In General. The summons and complaint must be served upon a defendant no later than 120 days after the complaint is filed, unless the court grants an extension of time under this rule.
(2)Dismissal. If service of the summons and complaint is not made upon a defendant before the 120- day service period—or any extension thereof—expires, the court must dismiss the action, without prejudice, as to that defendant upon motion or upon the court’s own order to show cause.
(3)Timely Motion to Extend Time. If a plaintiff files a motion for an extension of time before the 120- day service period—or any extension thereof—expires and shows that good cause exists for granting an extension of the service period, the court must extend the service period and set a reasonable date by which service should be made.
(4)Failure to Make Timely Motion to Extend Time. If a plaintiff files a motion for an extension of time after the 120-day service period—or any extension thereof—expires, the court must first determine whether good cause exists for the plaintiffs failure to timely file the motion for an extension before the court considers whether good cause exists for granting an extension of the service period. If the plaintiff shows that good cause exists for the plaintiffs failure to timely file the motion and for granting an extension of the service period, the court must extend the time for service and set a reasonable date by which service should be made.
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The amendments to subdivisions (b), (d), (f) and (g) are technical. The amendment to subdivision (c), adding the words “person who is not a party,” clarifies that service may be made by any person who is over 18 years of age so long as he or she is also a disinterested person. The revised provision is consistent with the current federal rule and with the common law rule, followed in Nevada, requiring that service be made by a disinterested person, see Sawyer v. Sugarless Shops, 106 Nev. 265, 269-70, 792 P.2d 14, 17 (1990) (“Nevada has long had rules prohibiting service by a party. This was a common law requirement and has not been changed by [statute].” (citation omitted)). The amendments to subdivision (e)(1)(iii) clarify that a publication order is not a precondition to personal service outside of the state by removing the fourth sentence of the former rule. The amendment to subdivision (e)(2) removes language that provided that personal service outside of Nevada could be used “only where the party being served has submitted to the jurisdiction of the courts of this state as provided by NRS 14.065.” The revision corresponds to the 1995 amendments to NRS 14.065. Subdivision (i) is similar to the federal rule except that the district court is limited to enlarging the time for service only upon a motion to enlarge the 120-day service period that demonstrates good cause why service was not made within the 120-day period. Thus, unlike the federal rule, the Nevada rule does not give the district court discretion to enlarge the time for service in the absence of a showing of good cause. Additionally, unlike the federal rule, the revised Nevada rule clarifies that in deciding whether there is good cause why service was not made within the 120- day period, the district court must consider whether the party on whose behalf such service was required filed a motion to enlarge the time for service within the 120-day period.
Advisory Committee Note — 2019 Amendment: Rule 4 is revised and reorganized, preserving the core of former NRCP 4, incorporating provisions from the federal rule and Rules 4, 4.1, and 4.2 of the Arizona Rules of Civil Procedure, and adding new provisions. The amendments break up former NRCP 4 into Rule 4, Summons and Service; Rule 4.1, Waiving Service; Rule 4.2, Service Within Nevada; Rule 4.3, Service Outside Nevada; and Rule 4.4, Alternative Service Methods. Subsection (a). Rule 4(a)(1) restates the first sentence in former NRCP 4(b) with stylistic changes. The second sentence of former NRCP 4(b) is moved into Rule 4.4(c)(2)(C), service by publication, with a cross-reference in Rule 4(a)(1)(H). Rule 4(a)(2) is new and is incorporated from the federal rule. Subsection (b). Rule 4(b) makes stylistic changes to former NRCP 4(a). It borrows language from its federal rule counterpart, with changes to accommodate Nevada practice. Subsection (c). Rule 4(c)(1) states the service requirements. Rule 4(c)(2) restates the first two sentences of former NRCP 4(d). Rule 4(c)(3) is a stylistic restatement of the former NRCP 4(c). Rule 4(c)(4) is carried forward from the last sentence of the former NRCP 4(e)(2). Subsection (d). Rule 4(d) incorporates former NRCP 4(g), with stylistic revisions. Rule 4(d)(2), addressing international service, and Rule 4(d)(4), addressing amendment of proof of service, are new and drawn from FRCP 4(1)(2) and (3), respectively. Subsection (e). Rule 4(e) revises former NRCP 4(i) to clarify that the 120-day period for accomplishing service generally applies to all civil actions. Rule 4(e) does not incorporate the federal exemption for foreign service. A plaintiff needing to serve a defendant in a foreign country may move to extend the time for service; if appropriate, the court can extend the deadline and set a reasonable deadline for service. Rule 4(e)(2) makes clear that, if the court acts on its own, it must issue an order to show cause giving the parties notice and an opportunity to be heard before dismissing an action for failure to make service.
Rule 4 opens with the summons itself. It must name the court, county, and parties; identify the plaintiff's attorney (or the plaintiff, if unrepresented); tell the defendant how long they have to respond; warn that ignoring the suit risks a default judgment; and carry the clerk's signature and the court's seal. The clerk issues one summons for each defendant once the plaintiff presents it after filing the complaint.
Responsibility for service falls on the plaintiff, unless the defendant appears voluntarily. Nevada's 2019 restyling broke the old, single service rule into four: Rule 4.1 for waiving service, Rule 4.2 for service within Nevada, Rule 4.3 for service outside Nevada, and Rule 4.4 for alternative methods such as publication. These methods are cumulative — a plaintiff can combine or switch between them rather than being locked into one. Whoever serves the summons must also hand over a copy of the complaint, and service itself can be carried out by a sheriff, deputy, or any adult who is not a party to the case. Proof of service follows a similar branching structure: an affidavit for service within the United States, a signed receipt or treaty-compliant showing for service abroad, and a publisher's affidavit (plus a mailing affidavit, if applicable) for service by publication. A failure to file proof of service does not undo service that has already taken place.
The rule's deadline provision has teeth. A plaintiff generally must serve each defendant within 120 days of filing, or the court must dismiss the action against that defendant without prejudice. A plaintiff who moves to extend before the 120 days run only has to show good cause for the extension itself. A plaintiff who waits until after the deadline has already passed faces a tougher, two-part showing: good cause for filing the extension motion late, and then good cause for the extension. Unlike its federal counterpart, Nevada's rule does not automatically exempt service on defendants in foreign countries from this 120-day clock — a plaintiff facing that kind of delay has to ask the court for more time rather than rely on a built-in exception.
Frequently Asked Questions
What information has to appear on a Nevada summons?
The court, county, and parties' names; the defendant's name; the plaintiff's attorney (or the unrepresented plaintiff) and address; the deadline to respond; a warning that a default judgment can follow a failure to respond; the clerk's signature; and the court's seal. If service will be made by publication, the summons also has to meet the added requirements in Rule 4.4(c)(2)(C).
How long do I have to serve a defendant after filing suit in Nevada?
120 days from the date the complaint is filed, unless the court grants an extension. That clock runs against each defendant individually.
What happens if I miss the 120-day service deadline?
The court must dismiss the action against the unserved defendant, without prejudice, either on a party's motion or on the court's own order to show cause. Dismissal without prejudice generally allows refiling, subject to any applicable statute of limitations.
Is it harder to get an extension if I ask after the 120 days already ran out?
Yes. A timely motion, filed before the deadline expires, only requires showing good cause for the extension. A late motion requires the court to first find good cause for the delay in filing the motion itself, and only then consider whether good cause exists for extending the service period.
Do I have to pick just one method of serving a defendant?
No. Rule 4(c)(4) makes the service methods in Rules 4.2, 4.3, and 4.4 cumulative, meaning a plaintiff may use them together, in sequence, or independently of one another rather than being confined to a single approach.
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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