(a) To What Proceedings Applicable. These rules do not govern procedure and practice in any special statutory proceeding insofar as they are inconsistent or in conflict with the procedure and practice provided by the applicable statute.
Rule 81.Applicability of the rules in general; remanded actions
Group XI: General Provisions · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 81 confirms that the civil procedure rules give way to conflicting special statutory procedures and gives a defendant in a remanded case at least 14 days after notice of remand before a default can be entered.
Full Text of Rule 81
(b) Reserved.
(c) Remanded Actions. A plaintiff whose action is removed from state to federal court and thereafter remanded must file and serve written notice of entry of the remand order. No default may be taken against a defendant in the remanded action until 14 days after service of written notice of entry of the remand order. Within that time, a defendant may move or plead as it might have done had the action not been removed.
(d) Reserved.
Notes
Advisory Committee Note — 2019 Amendment: The amendments delete the second and third sentences of former NRCP 81(a) as no longer needed and make stylistic revisions to NRCP 81(c). In an order dated July 22, 2016, the Nevada Supreme Court stated that, based on subsection (a) of this rule, the Nevada Rules of Civil Procedure “apply in guardianship matters, unless there is a specific statute in [NRS] Chapter 159 regarding a procedure or practice that conflicts with the NRCP.”
Amendment History
Amended eff. 7-1-73; Amended eff. 1-1-05; Amended eff. 3-1-19.
Plain-English Summary
Not every case runs on the standard civil rules from start to finish. When the Legislature has written its own procedure for a particular kind of proceeding — guardianship, for instance, or another statutory matter — and that procedure conflicts with the NRCP, Rule 81 says the statute wins for whatever it covers. Where the statute is silent, the general civil rules still fill the gap.
Rule 81 also addresses the specific and recurring situation of a case that gets removed to federal court and then sent back. The plaintiff has to file and serve written notice that the remand order was entered, and once that notice goes out, the defendant gets at least 14 days before the plaintiff can seek a default — time enough to file a response or motion as if the case had never left state court.
Frequently Asked Questions
Do the Nevada Rules of Civil Procedure apply to guardianship or other special statutory proceedings?
They apply unless a specific statute governing that proceeding sets out a conflicting procedure, in which case the statute controls for that particular point.
My case was removed to federal court and then remanded back to state court — what happens next?
The plaintiff must file and serve written notice that the remand order was entered. That notice starts the clock for the defendant to respond.
How long do I have to respond after a case is remanded from federal court?
At least 14 days from service of the written notice of entry of the remand order, during which no default can be taken against the defendant.
Can a plaintiff get a default judgment right after remand if the defendant hasn't answered yet?
No. Rule 81 blocks any default until 14 days have passed after service of the remand notice, giving the defendant the chance to plead or move as it could have before removal.
What if a statute governing a special proceeding doesn't address a procedural question at all?
Rule 81 only steps aside where the statute conflicts with the civil rules; on points the statute doesn't address, the NRCP continues to apply.
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
Also known as: NRCP apply to guardianshipcase remanded from federal court nevadadefault after remand noticespecial statutory proceeding nevada rulesNRCP 81