Group II: Commencing an Action; Service of Process, Pleadings, Motions, and Orders · Last amended March 1, 2019 · Last verified July 14, 2026
(a) Service: When Required.
(1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party:
(A) an order stating that service is required;
(B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants;
(C) any paper relating to discovery required to be served on a party, unless the court orders otherwise;
(D) a written motion, except one that may be heard ex parte; and
(E) a written notice, appearance, demand, offer of judgment, or any similar paper.
(2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4.
(1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party.
(2) Service in General. A paper is served under this rule by:
(A) handing it to the person;
(B) leaving it:
(i) at the person’s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or
(ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there;
(C) mailing it to the person’s last known address—in which event service is complete upon mailing;
(D) leaving it with the court clerk if the person has no known address;
(E) submitting it to the court’s electronic filing system, if established under the NEFCR, for electronic service under NEFCR 9 or sending it by other electronic means that the person consented to in writing—in which events service is complete upon submission or sending, but is not effective if the serving party learns that it did not reach the person to be served; or
(F) delivering it by any other means that the person consented to in writing—in which event service is complete when the person making service delivers it to the agency designated to make delivery.
(3) Using Court Facilities. If the court has established an electronic filing system under the NEFCR through which service may be effected, a party may use the court’s transmission facilities to make service under Rule 5(b)(2)(E).
(4) Proof of service. Proof of service may be made by certificate, acknowledgment, or other proof satisfactory to the court. Proof of service should accompany the filing or be filed in a reasonable time thereafter. Failure to make proof of service does not affect the validity of service.
(c) Serving Numerous Defendants.
(1) In General. If an action involves an unusually large number of defendants, the court may, on motion or on its own, order that:
(A) defendants’ pleadings and replies to them need not be served on other defendants;
(B) any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and
(C) filing any such pleading and serving it on the plaintiff constitutes notice of the pleading to all parties.
(2) Notifying Parties. A copy of every such order must be served on the parties as the court directs.
(1) Required Filings. Any paper after the complaint that is required to be served must be filed no later than a reasonable time after service. But disclosures under Rule 16.1 and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission.
(2) Nonelectronic Filing. A paper not filed electronically is filed by delivering it:
(A) to the clerk; or
(B) to a judge who agrees to accept it for filing, and who must then note the filing date on the paper and promptly send it to the clerk.
(3) Electronic Filing, Signing, or Verification. The court may, by local rule, allow papers to be filed, signed, or verified by electronic means that are consistent with any technical standards established by the NEFCR. A paper filed electronically is a written paper for purposes of these rules.
(4) Acceptance by the Clerk. The clerk must not refuse to file a paper solely because it is not in the form prescribed by these rules or by a local rule or practice.
Amended eff. 3-16-64; Amended eff. 9-27-71; Amended eff. 3-29-82; Amended 12-13-85, eff. 2-11-86; Amended eff. 1-1-05; Amended eff. 3-1-19.
Once a defendant has entered a case, Rule 5 takes over from Rule 4. Later papers — an answer, a motion, a discovery request, a notice — go to the party's attorney if one has appeared, unless the court orders otherwise. A party in default for failing to appear generally does not need to be served with anything further, with one exception: a pleading asserting a new claim against that party has to be served under Rule 4's stricter methods, since there is no attorney of record yet standing in for them. Acceptable ways to serve a paper under Rule 5 include handing it over, leaving it at an office or dwelling with someone appropriate, mailing it (complete once mailed), leaving it with the court clerk if no address is known, or using the court's electronic filing system or another method the recipient agreed to in writing.
Rule 5(c) gives a court facing an unusually large number of defendants a way to streamline paperwork: it can excuse cross-service between defendants, treat unaddressed claims and defenses in their filings as denied, and let service on the plaintiff stand in for notice to everyone. On the filing side, most papers have to reach the clerk within a reasonable time after service, but routine discovery materials — depositions, interrogatories, document requests, admission requests — stay out of the public file unless a party uses them in the proceeding or the court orders otherwise. The clerk cannot refuse to accept a filing just because it does not match the prescribed form. And Nevada kept its own requirement that an electronically filed paper still carry proof of service, even though the federal rule dropped that requirement in 2018.