Rule 4.1 - Waiving Service(a)Requesting a Waiver. An individual, entity, or association that is subject to service under Rule 4.2(a), 4.2(c)(1) or (2), 4.3(a)(1) or (3), or 4.3(b)(1) or (3) has a duty to avoid unnecessary expenses of serving the summons, The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons. The notice and request must:(1) be in writing and be addressed:(A) to the individual defendant; or(B) for an entity or association, to a person designated by Rule 4.2(c)(1);(2) name the court where the complaint was filed;(3) be accompanied by a copy of the complaint, two copies of a waiver form substantially equivalent to Form 2 in the NRCP Appendix of Forms, and a prepaid means for returning the form;(4) inform the defendant, using the waiver form, of the consequences of waiving and not waiving service;(5) state the date when the request is sent;(6) give the defendant a reasonable time of at least 30 days after the request was sent-or at least 60 days if sent to the defendant outside the United States-to return the waiver; and(7) be sent by first-class mail or other reliable means.(b)Failure to Waive. If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant:(1) the expenses later incurred in making service; and(2) the reasonable expenses, including attorney fees, of any motion required to collect those service expenses.(c)Time to Answer After a Waiver. A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent-or until 90 days after it was sent to the defendant outside the United States.(d)Results of Filing a Waiver. When the plaintiff files a waiver, proof of service is not required and these rules apply as if a summons and complaint had been served at the time of filing the waiver.(e)Jurisdiction and Venue Not Waived. Waiving service of a summons does not waive any objection to personal jurisdiction or to venue.Nev. Justice. Ct. R. Civ. P. 4.1
Adopted May 12, 2023, effective 7/12/2023.