Usa Nevada

USA Statutes : nevada
Title : Title 02 - CIVIL PRACTICE
Chapter : CHAPTER 14 - COMMENCEMENT OF ACTIONS


      1.  After a notice of pendency of an action has been recorded with
the recorder of the county, the defendant or, if affirmative relief is
claimed in the answer, the plaintiff, may request that the court hold a
hearing on the notice, and such a hearing must be set as soon as is
practicable, taking precedence over all other civil matters except a
motion for a preliminary injunction.

      2.  Upon 15 days’ notice, the party who recorded the notice of
pendency of the action must appear at the hearing and, through affidavits
and other evidence which the court may permit, establish to the
satisfaction of the court that:

      (a) The action is for the foreclosure of a mortgage upon the real
property described in the notice or affects the title or possession of
the real property described in the notice;

      (b) The action was not brought in bad faith or for an improper
motive;

      (c) He will be able to perform any conditions precedent to the
relief sought in the action insofar as it affects the title or possession
of the real property; and

      (d) He would be injured by any transfer of an interest in the
property before the action is concluded.

      3.  In addition to the matters enumerated in subsection 2, the
party who recorded the notice must establish to the satisfaction of the
court either:

      (a) That he is likely to prevail in the action; or

      (b) That he has a fair chance of success on the merits in the
action and the injury described in paragraph (d) of subsection 2 would be
sufficiently serious that the hardship on him in the event of a transfer
would be greater than the hardship on the defendant resulting from the
notice of pendency,

Ê and that if he prevails he will be entitled to relief affecting the
title or possession of the real property.

      4.  The party opposing the notice of the pendency of an action may
submit counter-affidavits and other evidence which the court permits.

      5.  If the court finds that the party who recorded the notice of
pendency of the action has failed to establish any of the matters
required by subsection 2, the court shall order the cancellation of the
notice of pendency and shall order the party who recorded the notice to
record with the recorder of the county a copy of the order of
cancellation. The order must state that the cancellation has the same
effect as an expungement of the original notice.

      6.  If the court finds that the party who recorded the notice of
pendency of the action has established the matters required by subsection
2, the party opposing the notice may request the court to determine
whether a bond in an amount to be determined by the court would provide
adequate security for any damages which the party who recorded the notice
might incur if the notice were so cancelled and the party opposing the
notice did not prevail in the action. If the court determines that a bond
would provide adequate security, the party opposing the notice may post a
bond or other security in the amount determined by the court. The court
shall then order the cancellation of the notice of pendency and shall
order the party opposing the notice to record with the recorder of the
county a copy of the order of cancellation. The order must state that the
cancellation has the same effect as an expungement of the original notice.

      (Added to NRS by 1979, 982; A 1981, 1891; 1987, 638)


      1.  Upon the withdrawal of a notice of the pendency of an action
affecting real property, or upon the recordation of a certified copy of a
court order for the cancellation of a notice of the pendency of such an
action with the recorder of the county in which the notice was recorded,
each person who thereafter acquires an interest in the property as a
purchaser, transferee, mortgagee or other encumbrancer for a valuable
consideration, except a party to the action who is not designated by a
fictitious name at the time of the withdrawal or order of cancellation,
shall be deemed to be without knowledge of the action or of any matter,
claim or allegation contained therein, irrespective of whether the person
has or at any time had actual knowledge of the action or of any matter,
claim or allegation contained therein.

      2.  The purpose of this section is to provide for the absolute and
complete transferability of real property after the withdrawal or
cancellation of a notice of the pendency of an action affecting the
property.

      (Added to NRS by 1987, 637)


      1.  Every corporation, miscellaneous organization described in
chapter 81 of NRS, limited-liability company,
limited-liability partnership, limited partnership, limited-liability
limited partnership, business trust and municipal corporation created and
existing under the laws of this State, any other state, territory or
foreign government, or the Government of the United States, doing
business in this State shall appoint and keep in this State a resident
agent who resides or is located in this State, upon whom all legal
process and any demand or notice authorized by law to be served upon it
may be served in the manner provided in subsection 2. The corporation,
miscellaneous organization, limited-liability company, limited-liability
partnership, limited partnership, limited-liability limited partnership,
business trust or municipal corporation shall file with the Secretary of
State a certificate of acceptance of appointment signed by its resident
agent. The certificate must set forth the full name and street address of
the resident agent. A certificate of change of resident agent must be
filed in the manner provided in title 7 of NRS if the corporation,
miscellaneous organization, limited-liability company, limited-liability
partnership, limited partnership, limited-liability limited partnership,
business trust or municipal corporation desires to change its resident
agent. A certificate of name change of resident agent must be filed in
the manner provided in title 7 of NRS if the name of a resident agent is
changed as a result of a merger, conversion, exchange, sale,
reorganization or amendment.

      2.  All legal process and any demand or notice authorized by law to
be served upon the corporation, miscellaneous organization,
limited-liability company, limited-liability partnership, limited
partnership, limited-liability limited partnership, business trust or
municipal corporation may be served upon the resident agent personally or
by leaving a true copy thereof with a person of suitable age and
discretion at the address of the registered office shown on the current
certificate of acceptance filed with the Secretary of State.

      3.  Unless the registered office is the home residence of the
resident agent, the registered office of a corporation, miscellaneous
organization, limited-liability company, limited-liability partnership,
limited partnership, limited-liability limited partnership, business
trust or municipal corporation must be staffed during normal business
hours by:

      (a) The resident agent; or

      (b) One or more natural persons who are:

             (1) Of suitable age and discretion to receive service of
legal process and any demand or notice authorized by law to be served
upon the corporation, miscellaneous organization, limited-liability
company, limited-liability partnership, limited partnership,
limited-liability limited partnership, business trust or municipal
corporation; and

             (2) Authorized by the resident agent to receive service of
legal process and any demand or notice authorized by law to be served
upon the corporation, miscellaneous organization, limited-liability
company, limited-liability partnership, limited partnership,
limited-liability limited partnership, business trust or municipal
corporation.

      4.  A corporation, miscellaneous organization, limited-liability
company, limited-liability partnership, limited partnership,
limited-liability limited partnership, business trust or municipal
corporation that fails or refuses to comply with the requirements of
subsection 3 is subject to a fine of not less than $100 nor more than
$500 for each day of such failure or refusal to comply with the
requirements of subsection 3, to be recovered with costs by the State,
before any court of competent jurisdiction, by action at law prosecuted
by the Attorney General or by the district attorney of the county in
which the action or proceeding to recover the fine is prosecuted.

      5.  Subsection 2 provides an additional mode and manner of serving
process, demand or notice and does not affect the validity of any other
service authorized by law.

      6.  As used in this section:

      (a) “Registered office” means the office maintained at the street
address of the resident agent.

      (b) “Street address” means the actual physical location in this
State at which a resident agent is available for service of process.

      [1911 CPA § 82; A 1933, 191; 1939, 66; 1931 NCL § 8580]—(NRS A
1969, 570; 1989, 952; 1991, 1309; 1993, 556; 1999, 1631 ; 2003, 20th Special Session, 128 ; 2005, 2205 )


      1.  If any artificial person described in NRS 14.020 fails to appoint a resident agent, or fails to
file a certificate of acceptance of appointment for 30 days after a
vacancy occurs in the agency, on the production of a certificate of the
Secretary of State showing either fact, which is conclusive evidence of
the fact so certified to be made a part of the return of service, or if
the registered office of the artificial person is not staffed as required
pursuant to NRS 14.020 , which fact is
to be made part of the return of service, the artificial person may be
served with any and all legal process, or a demand or notice described in
NRS 14.020 , by delivering a copy to the
Secretary of State, or, in his absence, to any deputy secretary of state,
and such service is valid to all intents and purposes. The copy must:

      (a) Include a specific citation to the provisions of this section.
The Secretary of State may refuse to accept such service if the proper
citation is not included.

      (b) Be accompanied by a fee of $10.

Ê The Secretary of State shall keep a copy of the legal process received
pursuant to this section in his office for at least 1 year after receipt
thereof and shall make those records available for public inspection
during normal business hours.

      2.  In all cases of such service, the defendant has 40 days,
exclusive of the day of service, within which to answer or plead.

      3.  Before such service is authorized, the plaintiff shall make or
cause to be made and filed an affidavit setting forth the facts, showing
that due diligence has been used to ascertain the whereabouts of the
officers of the artificial person to be served, and the facts showing
that direct or personal service on, or notice to, the artificial person
cannot be had.

      4.  If it appears from the affidavit that there is a last known
address of the artificial person or any known officers thereof, the
plaintiff shall, in addition to and after such service on the Secretary
of State, mail or cause to be mailed to the artificial person or to the
known officer, at such address, by registered or certified mail, a copy
of the summons and a copy of the complaint, and in all such cases the
defendant has 40 days after the date of the mailing within which to
appear in the action.

      5.  This section provides an additional manner of serving process,
and does not affect the validity of any other valid service.

      [1911 CPA § 83; A 1921, 107; 1939, 66; 1931 NCL § 8581]—(NRS A
1960, 226; 1969, 17, 95; 1997, 472; 1999, 404 , 1632 ; 2005, 2206 )


      1.  When it appears to the satisfaction of the court or the judge
thereof from the verified complaint or from an affidavit in behalf of the
plaintiff or plaintiffs in any action that any heir or heirs of a
deceased person is or are necessary or proper party or parties defendant,
that a cause of action in favor of the plaintiff or plaintiffs exists
against him or them, and that due diligence to ascertain the name or
names and the place or places of residence of such heir or heirs has been
unsuccessfully exercised by or in behalf of the plaintiff or plaintiffs,
the court or judge may grant an order for the service of the summons in
such action on such unknown heir or heirs by publication in like manner
and for the period of time prescribed by the Nevada Rules of Civil
Procedure for the publication of summons in other actions.

      2.  Such service when made shall as to such unknown heir or heirs
be sufficient to confer on the court jurisdiction to hear and determine
the issues in such action, and the judgment of the court based on such
service and duly made and entered in such action shall bind each and
every one of the heirs of such deceased person whose name or names and
place or places of residence were so, as aforesaid, unknown to the
plaintiff or plaintiffs with like effect as if the name or names of such
heir or heirs had been inserted in the complaint and published summons,
regardless of whether such heir or heirs shall subsequently appear to
have been residents or nonresidents of this state at the time of such
publication.

      3.  Before final judgment in favor of the plaintiff or plaintiffs
and against any such unknown heir or heirs shall be entered in any such
action, every such plaintiff shall make and file with the clerk of the
court in which the action is pending an affidavit showing that since the
commencement of the action he has neither learned the name or names of
any such heir or heirs nor received any information indicating a line of
search or inquiry which if properly pursued might lead to the discovery
of such name or names and that the same still remains or remain unknown
to such plaintiff; or, if he has received such information, such
affidavit shall so state and show that diligent search and inquiry along
the lines indicated had been made by or in behalf of such plaintiff and
resulted in failure to learn such name or names and that the same are
still unknown to such plaintiff.

      [1911 CPA § 86; RL § 5028; NCL § 8584] + [1911 CPA § 87; RL § 5029;
NCL § 8585]

 If any plaintiff shall allege that there are, or that he verily believes
that there are, persons, other than heirs, interested in the subject
matter of the complaint, whose names he cannot insert therein because
they are unknown to him, and shall describe the interest of such persons
and how derived, so far as his knowledge extends, the court or the judge
thereof shall make an order for the publication of summons, reciting,
moreover, the substance of the allegations of the complaint in relation
to the interest of such unknown parties; and, after the completion of
service by such publication, the court shall have jurisdiction of such
persons, and any judgment or decree rendered in the action shall apply to
and conclude such persons with respect to such interest in the subject
matter of the action.

      [1911 CPA § 88; RL § 5030; NCL § 8586]
 Where the action is against two or more defendants, and
the summons is served on one or more but not on all of them, the
plaintiff may proceed as follows:

      1.  If the action be against the defendants jointly indebted upon a
contract, he may proceed against the defendant served, unless the court
otherwise directs; and if he recover judgment, it may be entered against
all the defendants thus jointly indebted, so far only as that it may be
enforced against the joint property of all and the separate property of
the defendant served; or

      2.  If the action be against defendants severally liable, he may
proceed against the defendants served in the same manner as if they were
the only defendants.

      [1911 CPA § 89; RL § 5031; NCL § 8587]


      1.  A court of this state may exercise jurisdiction over a party to
a civil action on any basis not inconsistent with the Constitution of
this state or the Constitution of the United States.

      2.  Personal service of summons upon a party outside this state is
sufficient to confer upon a court of this state jurisdiction over the
party so served if the service is made by delivering a copy of the
summons, together with a copy of the complaint, to the party served in
the manner provided by statute or rule of court for service upon a person
of like kind within this state.

      3.  The method of service provided in this section is cumulative,
and may be utilized with, after or independently of other methods of
service.

      (Added to NRS by 1969, 845; A 1983, 1503; 1993, 865; 1995, 1041)


      1.  The use and operation of a motor vehicle over the public roads,
streets or highways, or in any other area open to the public and commonly
used by motor vehicles, in the State of Nevada by any person, either as
principal, master, agent or servant, shall be deemed an appointment by
the operator, on behalf of himself and his principal or master, his
executor, administrator or personal representative, of the Director of
the Department of Motor Vehicles to be his true and lawful attorney upon
whom may be served all legal process in any action or proceeding against
him, his principal or master, his executor, administrator or personal
representative, growing out of such use or resulting in damage or loss to
person or property, and the use or operation signifies his agreement that
any process against him which is so served has the same legal force and
validity as though served upon him personally within the State of Nevada.

      2.  Service of process must be made by leaving a copy of the
process with a fee of $5 in the hands of the Director of the Department
of Motor Vehicles or in his office, and the service shall be deemed
sufficient upon the operator if notice of service and a copy of the
process is sent by registered or certified mail by the plaintiff to the
defendant at the address supplied by the defendant in his accident
report, if any, and if not, at the best address available to the
plaintiff, and a return receipt signed by the defendant or a return of
the United States Postal Service stating that the defendant refused to
accept delivery or could not be located, or that the address was
insufficient, and the plaintiff’s affidavit of compliance therewith are
attached to the original process and returned and filed in the action in
which it was issued. Personal service of notice and a copy of the process
upon the defendant, wherever found outside of this state, by any person
qualified to serve like process in the State of Nevada is the equivalent
of mailing, and may be proved by the affidavit of the person making the
personal service appended to the original process and returned and filed
in the action in which it was issued.

      3.  The court in which the action is pending may order such
continuances as may be necessary to afford the defendant reasonable
opportunity to defend the action.

      4.  The fee of $5 paid by the plaintiff to the Director of the
Department of Motor Vehicles at the time of the service must be taxed in
his costs if he prevails in the suit. The Director of the Department of
Motor Vehicles shall keep a record of all service of process, including
the day and hour of service.

      5.  The foregoing provisions of this section with reference to the
service of process upon an operator defendant are not exclusive, except
if the operator defendant is found within the State of Nevada, he must be
served with process in the State of Nevada.

      6.  The provisions of this section apply to nonresident motorists
and to resident motorists who have left the State or cannot be found
within the State following an accident which is the subject of an action
for which process is served pursuant to this section.

      [1:275:1953; A 1955, 453] + [2:275:1953] + [3:275:1953] +
[4:275:1953] + [5:275:1953]—(NRS A 1957, 628; 1961, 155; 1963, 800; 1969,
95, 611; 1981, 1591; 1985, 1971; 2001, 2554 )


      1.  Any company, firm, partnership, corporation or association
created and existing under the laws of any other state, territory,
foreign government or the Government of the United States, which
manufactures, produces, makes, markets or otherwise supplies directly or
indirectly any product for distribution, sale or use in this state may be
lawfully served with any legal process in any action to recover damages
for an injury to a person or property resulting from such distribution,
sale or use in this state by mailing to the last known address of the
company, firm, partnership, corporation or association, by registered or
certified mail return receipt requested, a copy of the summons and a copy
of the complaint.

      2.  In all cases of such service, the defendant has 40 days,
exclusive of the day of service, within which to answer or plead.

      3.  This section provides an additional manner of serving process
and does not invalidate any other service.

      (Added to NRS by 1961, 57; A 1969, 18, 95; 1997, 473)


      1.  A person who resides at a location to which access is not
reasonably available except through a gate may be lawfully served with
any legal process in the manner provided in this section. If there is:

      (a) A guard posted at the gate and the guard denies access to the
residence for service of process, service of process is effective upon
leaving a copy thereof with the guard.

      (b) No guard posted at the gate and entry through the gate is not
reasonably available, the court may, if it is satisfied by affidavit that
those facts are true, allow service of process by mailing a copy thereof
to the residence by certified or registered mail.

      2.  The manner of service authorized by this section is
supplemental to and does not affect the validity of any other manner of
service authorized by law.

      (Added to NRS by 1993, 1378)




USA Statutes : nevada