NRCP

Nevada Rules of Civil Procedure

(January 2017)

I.     SCOPE OF RULES—ONE FORM OF ACTION

NRCP 1 – SCOPE OF RULES
NRCP 2 – ONE FORM OF ACTION

II.     COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS (more…)

Nevada Rules of Civil Procedure

Form 22-B.  Motion to Bring in Third-Party Defendant

       Defendant moves for leave, as third-party plaintiff, to cause to be served upon E. F. a summons and third-party complaint, copies of which are hereto attached as Exhibit X.

                                                                   Signed: _____________________________

                                                                         Attorney for Defendant C. D.

                                                                Address: _____________________________

 Notice of Motion

       (Contents the same as in Form 19. The notice should be addressed to all parties to the action.)

Exhibit X

      (Contents the same as in Form 22-A.)

      [Added; effective March 16, 1964.]

Nevada Rules of Civil Procedure

Form 22-A.  Summons and Complaint Against Third-Party Defendant

(Title of Court)

                                                                                 Civil Action, File Number __________

 A. B., Plaintiff                                }

        v.                                               }

C. D., Defendant and                    }        Summons

Third-Party Plaintiff                      }

        v.                                               }

E. F., Third-Party Defendant       }

To the above-named Third-Party Defendant:

       You are hereby summoned and required to serve upon __________, plaintiff’s attorney whose address is __________, and upon __________, who is attorney for C. D., defendant and third-party plaintiff, and whose address is __________, an answer to the third-party complaint which is herewith served upon you within 20 days after the service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint. There is also served upon you herewith a copy of the complaint of the plaintiff which you may but are not required to answer.

                                                                                 ______________________________

                                                                      Clerk of Court

 [Seal of the District Court]

 Dated _______________

 (Title of Court)

                                                                                 Civil Action, File Number __________

 A. B., Plaintiff                                }

        v.                                               }

C. D., Defendant and                    }        Third-Party Complaint

Third-Party Plaintiff                      }

        v.                                               }

E. F., Third-Party Defendant       }

       1. Plaintiff A. B. has filed against defendant C. D. a complaint, a copy of which is hereto attached as “Exhibit A.”

       2. (Here state the grounds upon which C. D. is entitled to recover from E. F., all or part of what A. B. may recover from C. D. The statement should be framed as in an original complaint.)

       Wherefore C. D. demands judgment against third-party defendant E. F. for all sums1 that may be adjudged against defendant C. D. in favor of plaintiff A. B.

                                                                    Signed: _____________________________

                                                                         Attorney for C. D., Third-Party Plaintiff

                                                                 Address: _____________________________

      [Added; effective March 16, 1964.]

_______________________

      1Make appropriate change where C. D. is entitled to only partial recovery-over against E. F.

Nevada Rules of Civil Procedure

Form 21.  Answer to Complaint Set Forth in Form 8, With Counterclaim for Interpleader

Defense

      Defendant denies the allegations stated to the extent set forth in the counterclaim herein.

Counterclaim for Interpleader

      1. Defendant received the sum of ten thousand dollars as a deposit from E. F.

       2. Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received from E. F.

       3. E. F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit.

       Wherefore defendant demands:

       (1) That the court order E. F. to be made a party defendant to respond to the complaint and to this counterclaim.1

       (2) That the court order the plaintiff and E. F. to interplead their respective claims.

       (3) That the court adjudge whether the plaintiff or E. F. is entitled to the sum of money.

       (4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money.

       (5) That the court award to the defendant its costs and attorney’s fees.

_______________________

      1Rule 13(h) provides for the court ordering parties to a counterclaim, but who are not parties to the original action, to be brought in as defendants.

Nevada Rules of Civil Procedure

Form 20.  Answer Presenting Defenses Under Rule 12(b)

First Defense

      The complaint fails to state a claim against defendant upon which relief can be granted.

Second Defense

      If defendant is indebted to plaintiffs for the goods mentioned in the complaint, he is indebted to them jointly with G. H. G. H. is alive; is subject to the jurisdiction of this court; and has not been made a party.

Third Defense

      Defendant admits the allegation contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint.

Fourth Defense

      The right of action set forth in the complaint did not accrue within six years next before the commencement of this action.

Counterclaim

      (Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.)

Cross-Claim Against Defendant M. N.

      (Here set forth the claim constituting a cross-claim against defendant M. N. in the manner in which a claim is pleaded in a complaint.)

      NOTE—The above form contains examples of certain defenses provided for in Rule 12(b). The first defense challenges the legal sufficiency of the complaint. It is a substitute for a general demurrer or a motion to dismiss.

      The second defense embodies the old plea in abatement; the decision thereon, however, may well provide under Rules 19 and 21 for the citing in of the party rather than an abatement of the action.

      The third defense is an answer on the merits.

      The fourth defense is one of the affirmative defenses provided for in Rule 8(c).

      The answer also includes a counterclaim and a cross-claim.

Nevada Rules of Civil Procedure

Form 19.  Motion to Dismiss, Presenting Defense of Failure to State a Claim

       The defendant moves the court as follows:

       1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.

                                                                      Signed: _____________________________

                                                                                     Attorney for Defendant

                                                                   Address: _____________________________

                                                                  Telephone: _____________________________

Notice of Motion

  To: ____________________

         Attorney for Plaintiff

       Please take notice, that the undersigned will bring the above motion on for hearing before this Court at [specify name and location of court], on the June 23, 2017, at [time set for hearing] or as soon thereafter as counsel can be heard.

                                                                   Signed: _____________________________

                                                                                     Attorney for Defendant

                                                                  Address: _____________________________

                                                                  Telephone: _____________________________

      NOTE—The above motion and notice of motion may be combined and denominated Notice of Motion. See Rule 7(b). A motion to quash and not a motion to dismiss must be used to raise defenses (2)-(4), Rule 12(b), to avoid making a general appearance.

       [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

Form 18.  Complaint for Interpleader and Declaratory Relief

       1. On or about June 1, 1935, plaintiff issued to G. H. a policy of life insurance whereby plaintiff promised to pay to K. L. as beneficiary the sum of ten thousand dollars upon the death of G. H. The policy required the payment by G. H. of a stipulated premium on June 1, 1936, and annually thereafter as a condition precedent to its continuance in force.

       2. No part of the premiums due June 1, 1936, was ever paid and the policy ceased to have any force or effect on July 1, 1936.

       3. Thereafter, on September 1, 1936, G. H. and K. L. died as the result of a collision between a locomotive and the automobile in which G. H. and K. L. were riding.

       4. Defendant C. D. is the duly appointed and acting executor of the will of G. H.; defendant E. F. is the duly appointed and acting executor of the will of K. L.; defendant X. Y. claims to have been duly designated as beneficiary of said policy in place of K. L.

       5. Each of defendants, C. D., E. F., and X. Y. is claiming that the above-mentioned policy was in full force and effect at the time of the death of G. H.; each of them is claiming to be the only person entitled to receive payment of the amount of the policy and has made demand for payment thereof.

       6. By reason of these conflicting claims of the defendants, plaintiff is in great doubt as to which defendant is entitled to be paid the amount of the policy, if it was in force at the death of G. H.

       Wherefore plaintiff demands that the court adjudge:

       (1) That none of the defendants is entitled to recover from plaintiff the amount of said policy or any part thereof.

       (2) That each of the defendants be restrained from instituting any action against plaintiff for the recovery of the amount of said policy or any part thereof.

       (3) That, if the court shall determine that said policy was in force at the death of G. H., the defendants be required to interplead and settle between themselves their rights to the money due under said policy, and that plaintiff be discharged from all liability in the premises except to the person whom the court shall adjudge entitled to the amount of said policy.

       (4) That plaintiff recover its costs.

Nevada Rules of Civil Procedure

Form 14.  Complaint for Negligence Under Federal Employers’ Liability Act

      1. Allegation of jurisdiction.

      2. During all the times herein mentioned defendant owned and operated in interstate commerce a railroad which passed through a tunnel located at __________ and known as Tunnel No. __________.

      3. On or about June 1, 1936, defendant was repairing and enlarging the tunnel in order to protect interstate trains and passengers and freight from injury and in order to make the tunnel more conveniently usable for interstate commerce.

      4. In the course of thus repairing and enlarging the tunnel on said day defendant employed plaintiff as one of its workmen, and negligently put plaintiff to work in a portion of the tunnel which defendant had left unprotected and unsupported.

      5. By reason of defendant’s negligence in thus putting plaintiff to work in that portion of the tunnel, plaintiff was, while so working pursuant to defendant’s orders, struck and crushed by a rock, which fell from the unsupported portion of the tunnel, and was (here describe plaintiff’s injuries).

      6. Prior to these injuries, plaintiff was a strong, able-bodied man, capable of earning and actually earning __________ dollars per day. By these injuries he has been made incapable of any gainful activity, has suffered great physical and mental pain, and has incurred expense in the amount of __________ dollars for medicine, medical attendance, and hospitalization.

      Wherefore plaintiff demands judgment against defendant in the sum of __________ dollars and costs.

Nevada Rules of Civil Procedure

Form 13.  Complaint on Claim for Debt and to Set Aside Fraudulent Conveyance Under Rule 18(b)

A. B., Plaintiff                                }

        v.                                               }        Complaint

C. D. and E. F., Defendants         }

      1. Defendant C. D. on or about __________ executed and delivered to plaintiff a promissory note [in the following words and figures: (here set out the note verbatim)]; [a copy of which is hereto annexed as Exhibit A]; [whereby defendant C. D. promised to pay to plaintiff or order on __________ the sum of five thousand dollars with interest thereon at the rate of __________ percent per annum].

      2. Defendant C. D. owes to plaintiff the amount of said note and interest.

      3. Defendant C. D. on or about __________ conveyed all his property, real and personal [or specify and describe] to defendant E. F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above referred to.

      Wherefore plaintiff demands:

      (1) That plaintiff have judgment against defendant C. D. for ten thousand dollars and interest; (2) that the aforesaid conveyance to defendant E. F. be declared void and the judgment herein be declared a lien on said property; (3) that plaintiff have judgment against the defendants for costs.

Nevada Rules of Civil Procedure

Form 12.  Complaint for Specific Performance of Contract to Convey Land

       1. On or about December 1, 1936, plaintiff and defendant entered into an agreement in writing, a copy of which is hereto annexed as Exhibit A.

       2. In accord with the provisions of said agreement plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance.

       3. Plaintiff now offers to pay the purchase price.

       Wherefore plaintiff demands (1) that defendant be required specifically to perform said agreement, (2) damages in the sum of one thousand dollars, and (3) that if specific performance is not granted plaintiff have judgment against defendant in the sum of ten thousand dollars.

      NOTE—Here, as in Form 3, plaintiff may set forth the contract verbatim in the complaint or plead it, as indicated, by exhibit, or plead it according to its legal effect. Furthermore, plaintiff may seek legal or equitable relief or both.

Nevada Rules of Civil Procedure

Form 11.  Complaint for Conversion

       On or about December 1, 1936, defendant converted to his own use ten bonds of the _________ Company (here insert brief identification as by number and issue) of the value of ten thousand dollars, the property of plaintiff.

       Wherefore plaintiff demands judgment against defendant in the sum of ten thousand dollars, interest, and costs.

Nevada Rules of Civil Procedure

Form 10.  Complaint for Negligence Where Plaintiff Is Unable to Determine Definitely Whether the Person Responsible Is C. D. or E. F. or Whether Both Are Responsible and Where His Evidence May Justify a Finding of Wilfulness or of Recklessness or of Negligence

A. B., Plaintiff                                }

        v.                                               }        Complaint

C. D. and E. F., Defendants         }

      1. On June 1, 1936, in a public highway called Boylston Street in Boston, Massachusetts, defendant C. D. or defendant E. F., or both defendants C. D. and E. F. wilfully or recklessly or negligently drove or cause to be driven a motor vehicle against plaintiff who was then crossing said highway.

       2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars.

       Werefore plaintiff demands judgment against C. D. or against E. F. or against both in the sum of ten thousand dollars and costs.

Nevada Rules of Civil Procedure

Form 9.  Complaint for Negligence

       1.  On June 1, 1936, in a public highway called Boylston Street in Boston, Massachusetts, defendant negligently drove a motor vehicle against plaintiff who was then crossing said highway.

       2.  As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars.

       Wherefore plaintiff demands judgment against defendant in the sum of ten thousand dollars and costs.

       NOTE—Since contributory negligence is an affirmative defense, the complaint need contain no allegation of due care of plaintiff.

Nevada Rules of Civil Procedure

 Form 8.  Complaint for Money Had and Received

       Defendant owes plaintiff ten thousand dollars for money had and received from one G. H. on June 1, 1936, to be paid by the defendant to plaintiff.

       Wherefore (etc. as in Form 3).

Nevada Rules of Civil Procedure

Form 7.  Complaint for Money Paid by Mistake

       Defendant owes plaintiff ten thousand dollars for money paid by plaintiff to defendant by mistake on June 1, 1936, under the following circumstances: [here state the circumstances with particularity -see Rule 9(b)].

       Wherefore (etc. as in Form 3).

Nevada Rules of Civil Procedure

Form 6.  Complaint for Money Lent

       Defendant owes plaintiff ten thousand dollars for money lent by plaintiff to defendant on June 1, 1936.

       Wherefore (etc. as in Form 3).

Nevada Rules of Civil Procedure

Form 5.  Complaint for Goods Sold and Delivered

       Defendant owes plaintiff ten thousand dollars for goods sold and delivered by plaintiff to defendant between June 1, 1936 and December 1, 1936.

       Wherefore (etc. as in Form 3).

       NOTE—This form may be used where the action is for an agreed price or for the reasonable value of the goods.

Nevada Rules of Civil Procedure

Form 4.  Complaint on an Account

       Defendant owes plaintiff ten thousand dollars according to the account hereto annexed as Exhibit A.

       Wherefore (etc. as in Form 3).

Nevada Rules of Civil Procedure

Form 3.  Complaint on a Promissory Note

      1.  Defendant on or about June 1, 1935, executed and delivered to plaintiff a promissory note [in the following words and figures: (here set out the note verbatim)]; [a copy of which is hereto annexed as Exhibit A]; [whereby defendant promised to pay to plaintiff or order on June 1, 1936 the sum of ten thousand dollars with interest thereon at the rate of six percent per annum].

      2.  Defendant owes to plaintiff the amount of said note and interest.

      Wherefore plaintiff demands judgment against defendant for the sum of ten thousand dollars, interest, and costs.

                                                                     Signed:_____________________________

                                                                          Attorney for Plaintiff

                                                                   Address:_____________________________

                                                              Telephone:_____________________________

 

      NOTES TO FORM 3

      1.  The pleader may use the material in one of the three sets of brackets. His choice will depend upon whether he desires to plead the document verbatim, or by exhibit, or according to its legal effect.

       2.  Under the rules free joinder of claims is permitted. See Rules 8(e) and 18. Consequently the claims set forth in each and all of the following forms may be joined with this complaint or with each other. Ordinarily each claim should be stated in a separate division of the complaint, and the divisions should be designated as counts successively numbered. In particular the rules permit alternative and inconsistent pleading. See Form 10.

Nevada Rules of Civil Procedure

Form 1.  Summons

(Title of Court)

                                                                                Civil Action, File Number __________

A.B., Plaintiff                                 }

        v.                                               }        Summons

C.D., Defendant                             }

To the above-named Defendants:

      You are hereby summoned and required to serve upon _______________, plaintiff’s attorney, whose address is _______________, an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. (The State of Nevada, its political subdivisions, agencies, officers, employees, board members, commission members, and legislators, each has 45 days after service of this summons within which to file an answer to the complaint.) If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.1

                                                                                ______________________________

                                                                        Clerk of Court

[Seal of the District Court]

Dated: ______________

_______________________

      1 When service is by publication, add a brief statement of the object of the action, e.g., “This action is brought to recover a judgment dissolving the contract of marriage existing between you and the plaintiff.” See Rule 4(b).

      [As amended; effective April 24, 1998.]

Nevada Rules of Civil Procedure

RULE 84.  FORMS

      The forms contained in the Appendix of Forms are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate.

Nevada Rules of Civil Procedure

RULE 83.  RULES BY DISTRICT COURTS

      Each district court by action of a majority of the judges thereof may from time to time make and amend rules governing its practice not inconsistent with these rules. Copies of rules and amendments so made by any district court shall upon their promulgation be furnished to the Supreme Court, but shall not become effective until 60 days after approval by the Supreme Court and publication or as otherwise ordered by the Supreme Court. In all cases not provided for by rule, the district courts may regulate their practice in any manner not inconsistent with these rules.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 82.  JURISDICTION AND VENUE UNAFFECTED

      These rules shall not be construed to extend or limit the jurisdiction of the district courts or the venue of actions therein.

Nevada Rules of Civil Procedure

RULE 81.  APPLICABILITY IN GENERAL

      (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. Where the applicable statute provides for procedure under the former statutes governing civil actions, such procedure shall be in accordance with these rules. Appeals from a district court to the Supreme Court of Nevada, and applications for extraordinary writs in the Supreme Court are governed by the Nevada Rules of Appellate Procedure.

      [As amended; effective July 1, 1973.]

      (b) Reserved.

       (c) Removed Actions.  Whenever a cause shall have been removed from a state court to a United States court, and thereafter remanded, judgment by default shall not be entered therein until the expiration of 10 days after service of written notice upon defendants that the order remanding such cause has been filed. Within such time the defendants may move or plead as they might have done had such cause not been removed.

      [As amended; effective January 1, 2005.]

      (d) Reserved.

       (e) Reserved.

       (f) Reserved.

Nevada Rules of Civil Procedure

RULE 80.  STENOGRAPHIC REPORT OR TRANSCRIPT AS EVIDENCE

      (a) Reserved.

       (b) Reserved.

       (c) Stenographic Report or Transcript as Evidence.  Whenever the testimony of a witness at a trial or hearing which was stenographically reported is admissible in evidence at a later trial, it may be proved by the transcript thereof duly certified by the person who reported the testimony.

Nevada Rules of Civil Procedure

RULE 78.  MOTION DAY

      Unless local conditions make it impracticable, each district court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the judge at any time or place and on such notice, if any, as the judge considers reasonable may make orders for the advancement, conduct, and hearing of actions.

       To expedite its business, the court may make provision by rule or order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 77.  DISTRICT COURTS AND CLERKS

      (a) District Courts Always Open.  The district courts shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules.

       (b) Trials and Hearings; Orders in Chambers.  All trials upon the merits shall be conducted in open court and so far as convenient in a regular court room, except private trial may be had as provided by statute. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the district; but no hearing, other than one ex parte, shall be conducted outside the district without the consent of all parties affected thereby.

       (c) Clerk’s Office and Orders by Clerk.  The clerk’s office with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays, and nonjudicial days. All motions and applications in the clerk’s office for issuing mesne process, for issuing final process to enforce and execute judgments, for entering defaults or judgments by default, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but the clerk’s action may be suspended or altered or rescinded by the court upon cause shown.

      [As amended; effective January 1, 2005.]

      (d) Reserved.

Nevada Rules of Civil Procedure

RULE 70.  JUDGMENT FOR SPECIFIC ACTS; VESTING TITLE

      If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the State, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the clerk.

Nevada Rules of Civil Procedure

RULE 69.  EXECUTION

      (a) In General.  Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the practice and procedure of the State. In aid of the judgment or execution, the judgment creditor or a successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided in these rules.

      [As amended; effective January 1, 2005.]

      (b) Service of Notice of Entry Required Prior to Execution.  Prior to execution upon a judgment, service of written notice of entry of the judgment must be made in accordance with Rule 58(e).

      [Added; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 68.  OFFERS OF JUDGMENT

      (a) The Offer.  At any time more than 10 days before trial, any party may serve an offer in writing to allow judgment to be taken in accordance with its terms and conditions.

       (b) Apportioned Conditional Offers.  An apportioned offer of judgment to more than one party may be conditioned upon the acceptance by all parties to whom the offer is directed.

       (c) Joint Unapportioned Offers.

              (1) Multiple Offerors.  A joint offer may be made by multiple offerors.

              (2) Offers to Multiple Defendants.  An offer made to multiple defendants will invoke the penalties of this rule only if (A) there is a single common theory of liability against all the offeree defendants, such as where the liability of some is entirely derivative of the others or where the liability of all is derivative of common acts by another, and (B) the same entity, person or group is authorized to decide whether to settle the claims against the offerees.

              (3) Offers to Multiple Plaintiffs.  An offer made to multiple plaintiffs will invoke the penalties of this rule only if (A) the damages claimed by all the offeree plaintiffs are solely derivative, such as that the damages claimed by some offerees are entirely derivative of an injury to the others or that the damages claimed by all offerees are derivative of an injury to another, and (B) the same entity, person or group is authorized to decide whether to settle the claims of the offerees.

       (d) Judgment Entered Upon Acceptance.  If within 10 days after the service of the offer, the offeree serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service. The clerk shall enter judgment accordingly. The court shall allow costs in accordance with NRS 18.110 unless the terms of the offer preclude a separate award of costs. Any judgment entered pursuant to this section shall be expressly designated a compromise settlement. At his option, a defendant may within a reasonable time pay the amount of the offer and obtain a dismissal of the claim, rather than a judgment.

       (e) Failure to Accept Offer.  If the offer is not accepted within 10 days after service, it shall be considered rejected by the offeree and deemed withdrawn by the offeror. Evidence of the offer is not admissible except in a proceeding to determine costs and fees. The fact that an offer is made but not accepted does not preclude a subsequent offer. With offers to multiple offerees, each offeree may serve a separate acceptance of the apportioned offer, but if the offer is not accepted by all offerees, the action shall proceed as to all. Any offeree who fails to accept the offer may be subject to the penalties of this rule.

       (f) Penalties for Rejection of Offer.  If the offeree rejects an offer and fails to obtain a more favorable judgment,

              (1) the offeree cannot recover any costs or attorney’s fees and shall not recover interest for the period after the service of the offer and before the judgment; and

              (2) the offeree shall pay the offeror’s post-offer costs, applicable interest on the judgment from the time of the offer to the time of entry of the judgment and reasonable attorney’s fees, if any be allowed, actually incurred by the offeror from the time of the offer. If the offeror’s attorney is collecting a contingent fee, the amount of any attorney’s fees awarded to the party for whom the offer is made must be deducted from that contingent fee.

       (g) How Costs Are Considered.  To invoke the penalties of this rule, the court must determine if the offeree failed to obtain a more favorable judgment. Where the offer provided that costs would be added by the court, the court must compare the amount of the offer with the principal amount of the judgment, without inclusion of costs. Where a defendant made an offer in a set amount which precluded a separate award of costs, the court must compare the amount of the offer together with the offeree’s pre-offer taxable costs with the principal amount of the judgment.

       (h) Offers After Determination of Liability.  When the liability of one party to another has been determined by verdict, order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than 10 days prior to the commencement of hearings to determine the amount or extent of liability.

      [Replaced; effective October 27, 1998.]

Nevada Rules of Civil Procedure

RULE 67.  DEPOSIT IN COURT

      (a) In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing to be held by the clerk of the court, or upon court order to be deposited in an interest-bearing account or invested in an interest-bearing instrument, subject to withdrawal, in whole or in part, at any time thereafter upon order of the court.

      [As amended; effective January 1, 2005.]

      (b) When it is admitted by the pleading or examination of a party, that the party has possession or control of any money or other thing capable of delivery, which, being the subject of litigation, is held by the party as trustee for another party, or which belongs or is due to another party, the court may order the same, upon motion, to be deposited in court, or deposited in an interest-bearing account or invested in an interest-bearing instrument, or delivered to such party, upon such conditions as may be just, subject to the further direction of the court.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 66.  RECEIVERS

      An action wherein a receiver has been appointed shall not be dismissed except by order of the court.

Nevada Rules of Civil Procedure

RULE 65.1.  SECURITY: PROCEEDINGS AGAINST SURETIES

      Whenever these rules require or permit the giving of security by a party, and security is given in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits to the jurisdiction of the court and irrevocably appoints the clerk of the court as the surety’s agent upon whom any papers affecting the surety’s liability on the bond or undertaking may be served. The surety’s liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the sureties if their addresses are known.

      [Added; effective September 27, 1971; Amended effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 65.  INJUNCTIONS

      (a) Preliminary Injunction.

              (1) Notice.  No preliminary injunction shall be issued without notice to the adverse party.

              (2) Consolidation of Hearing With Trial on Merits.  Before or after the commencement of the hearing of an application for a preliminary injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application. Even when this consolidation is not ordered, any evidence received upon an application for a preliminary injunction which would be admissible upon the trial on the merits becomes part of the record on the trial and need not be repeated upon the trial. This subdivision (a)(2) shall be so construed and applied as to save to the parties any rights they may have to trial by jury.

      [As amended; effective September 27, 1971.]

      (b) Temporary Restraining Order; Notice; Hearing; Duration.  A temporary restraining order may be granted without written or oral notice to the adverse party or that party’s attorney only if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party’s attorney can be heard in opposition, and (2) the applicant’s attorney certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required. Every temporary restraining order granted without notice shall be indorsed with the date and hour of issuance; shall be filed forthwith in the clerk’s office and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice; and shall expire by its terms within such time after entry, not to exceed 15 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record. In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for hearing at the earliest possible time and takes precedence of all matters except older matters of the same character; and when the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a preliminary injunction and, if the party does not do so, the court shall dissolve the temporary restraining order. On 2 days’ notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

      [As amended; effective January 1, 2005.]

      (c) Security.  No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. No such security shall be required of the State or of an officer or agency thereof.

       The provisions of Rule 65.1 apply to a surety upon a bond or undertaking under this rule.

      [As amended; effective September 27, 1971.]

      (d) Form and Scope of Injunction or Restraining Order.  Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.

       (e) Reserved.

       (f) When Inapplicable.  This rule is not applicable to suits for divorce, alimony, separate maintenance or custody of children. In such suits, the court may make prohibitive or mandatory orders, with or without notice or bond, as may be just.

Nevada Rules of Civil Procedure

RULE 64.  SEIZURE OF PERSON OR PROPERTY

      At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law of the State. The remedies thus available include arrest, attachment, garnishment, replevin, sequestration, and other corresponding or equivalent remedies, however designated.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 63.  INABILITY OF A JUDGE TO PROCEED

      If a trial or hearing has been commenced and the judge is unable to proceed, any other judge may proceed with it upon certifying familiarity with the record and determining that the proceedings in the case may be completed without prejudice to the parties. In a hearing or trial without a jury, the successor judge shall at the request of a party recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. The successor judge may also recall any other witness. But if such successor judge cannot perform those duties because the successor judge did not preside at the trial or for any other reason, the successor judge may, in that judge’s discretion, grant a new trial.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 62.  STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT

      (a) Automatic Stay; Exceptions—Injunctions and Receiverships.  Except as stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 10 days after service of written notice of its entry. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. The provisions of subdivision (c) of this rule govern the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.

      [As amended; effective January 1, 2005.]

      (b) Stay on Motion for New Trial or for Judgment.  In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial or to alter or amend a judgment made pursuant to Rule 59, or of a motion for relief from a judgment or order made pursuant to Rule 60, or of a motion for judgment in accordance with a motion for a judgment as a matter of law made pursuant to Rule 50, or of a motion for amendment to the findings or for additional findings made pursuant to Rule 52(b).

      [As amended; effective January 1, 2005.]

      (c) Injunction Pending Appeal.  When an appeal is taken from an interlocutory or final judgment granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party.

       (d) Stay Upon Appeal.  When an appeal is taken the appellant by giving a supersedeas bond may obtain a stay subject to the exceptions contained in subdivision (a) of this rule. The bond may be given at or after the time of filing the notice of appeal. The stay is effective when the supersedeas bond is filed.

      [As amended; effective January 1, 2005.]

      (e) Stay in Favor of the State or Agency Thereof.  When an appeal is taken by the State or by any county, city or town within the State, or an officer or agency thereof and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security shall be required from the appellant.

       (f) Reserved.

       (g) Power of Appellate Court Not Limited.  The provisions in this rule do not limit any power of an appellate court or of a judge or justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered.

       (h) Stay of Judgment as to Multiple Claims or Multiple Parties.  When a court has ordered a final judgment under the conditions stated in Rule 54(b), the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.

      [As amended; effective March 16, 1964.]

Nevada Rules of Civil Procedure

RULE 61.  HARMLESS ERROR

      No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.

Nevada Rules of Civil Procedure

RULE 60.  RELIEF FROM JUDGMENT OR ORDER

      (a) Clerical Mistakes.  Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

       (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, Etc.  On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (4) the judgment is void; or, (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that an injunction should have prospective application. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than 6 months after the proceeding was taken or the date that written notice of entry of the judgment or order was served. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

      [As amended; effective January 1, 2005.]

      (c) Default Judgments: Defendant Not Personally Served.  When a default judgment shall have been taken against any party who was not personally served with summons and complaint, either in the State of Nevada or in any other jurisdiction, and who has not entered a general appearance in the action, the court, after notice to the adverse party, upon motion made within 6 months after the date of service of written notice of entry of such judgment, may vacate such judgment and allow the party or the party’s legal representatives to answer to the merits of the original action. When, however, a party has been personally served with summons and complaint, either in the State of Nevada or in any other jurisdiction, the party must make application to be relieved from a default, a judgment, an order, or other proceeding taken against the party, or for permission to file an answer, in accordance with the provisions of subdivision (b) of this rule.

      [As amended; effective January 1, 2005.]

      (d) Default Judgments: Modification Nunc Pro Tunc.  Whenever a default judgment or decree has been entered, the party or parties in default therein may at any time thereafter, upon written consent of the party or parties in whose favor judgment or decree has been entered, enter general appearance in the action, and the general appearance so entered shall have the same force and effect as if entered at the proper time prior to the rendition of the judgment or decree. On such appearance being entered the court may make and enter a modified judgment or decree to the extent only of showing such general appearance on the part of the party or parties in default, and it shall be entered nunc pro tunc as of the date of the original judgment or decree; provided, however, that nothing herein contained shall prevent the court from modifying such judgment or decree as stipulated and agreed in writing by the parties to such action, and in accordance with the terms of such written stipulation and agreement.

Nevada Rules of Civil Procedure

RULE 59.  NEW TRIALS; AMENDMENT OF JUDGMENTS

      (a) Grounds.  A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes or grounds materially affecting the substantial rights of an aggrieved party: (1) Irregularity in the proceedings of the court, jury, master, or adverse party, or any order of the court, or master, or abuse of discretion by which either party was prevented from having a fair trial; (2) Misconduct of the jury or prevailing party; (3) Accident or surprise which ordinary prudence could not have guarded against; (4) Newly discovered evidence material for the party making the motion which the party could not, with reasonable diligence, have discovered and produced at the trial; (5) Manifest disregard by the jury of the instructions of the court; (6) Excessive damages appearing to have been given under the influence of passion or prejudice; or, (7) Error in law occurring at the trial and objected to by the party making the motion. On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

      [As amended; effective January 1, 2005.]

      (b) Time for Motion.  A motion for a new trial shall be filed no later than 10 days after service of written notice of the entry of the judgment.

      [As amended; effective January 1, 2005.]

      (c) Time for Serving Affidavits.  When a motion for new trial is based upon affidavits they shall be filed with the motion. The opposing party has 10 days after service within which to file opposing affidavits, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits.

      [As amended; effective January 1, 2005.]

      (d) On Court’s Initiative; Notice; Specifying Grounds.  No later than 10 days after entry of judgment the court, on its own, may order a new trial for any reason that would justify granting one on a party’s motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion. When granting a new trial on its own initiative or for a reason not stated in a motion, the court shall specify the grounds in its order.

      [Added; effective January 1, 2005.]

      (e) Motion to Alter or Amend a Judgment.  A motion to alter or amend the judgment shall be filed no later than 10 days after service of written notice of entry of the judgment.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 58.  ENTRY OF JUDGMENT

      (a) Judgment.  Subject to the provisions of Rule 54(b):

              (1) upon a general verdict of a jury, or upon a decision by the court that a party shall recover only a sum certain or costs or that all relief shall be denied, the court shall sign the judgment and the judgment shall be filed by the clerk;

              (2) upon a decision by the court granting other relief, or upon a special verdict or a general verdict accompanied by answers to interrogatories, the court shall promptly approve the form and sign the judgment, and the judgment shall be filed by the clerk.

 The court shall designate a party to serve notice of entry of the judgment on the other parties under subdivision (e).

      [As amended; effective January 1, 2005.]

      (b) Judgment in Other Cases.  Except as provided in subdivision (b)(1) of Rule 55, all judgments shall be signed by the judge and filed with the clerk.

      [As amended; effective January 1, 2005.]

      (c) When Judgment Entered.  The filing with the clerk of a judgment, signed by the judge, or by the clerk, as the case may be, constitutes the entry of such judgment, and no judgment shall be effective for any purpose until the entry of the same, as hereinbefore provided. The entry of the judgment shall not be delayed for the taxing of costs.

       (d) Judgment Roll.  The judgment, as signed and filed, shall constitute the judgment roll.

       (e) Notice of Entry of Judgment.  Within 10 days after entry of a judgment or an order, the party designated by the court under subdivision (a) shall serve written notice of such entry, together with a copy of the judgment or order, upon each party who is not in default for failure to appear and shall file the notice of entry with the clerk of the court. Any other party, or the court in family law cases, may in addition serve a notice of such entry. Service shall be made in the manner provided in Rule 5(b) for the service of papers. Failure to serve notice of entry does not affect the validity of the judgment, but the judgment may not be executed upon until such notice is served.

      [Added; effective January 1, 2005; as amended; effective September 29, 2014.]

Nevada Rules of Civil Procedure

RULE 57.  DECLARATORY JUDGMENTS

      The procedure for obtaining a declaratory judgment pursuant to statute, shall be in accordance with these rules, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 38 and 39. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.

Nevada Rules of Civil Procedure

RULE 56.  SUMMARY JUDGMENT

      (a) For Claimant.  A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in the party’s favor upon all or any part thereof.

      [As amended; effective January 1, 2005.]

      (b) For Defending Party.  A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party’s favor as to all or any part thereof.

      [As amended; effective January 1, 2005.]

      (c) Motion and Proceedings Thereon.  The motion shall be served at least 10 days before the time fixed for the hearing. Motions for summary judgment and responses thereto shall include a concise statement setting forth each fact material to the disposition of the motion which the party claims is or is not genuinely in issue, citing the particular portions of any pleading, affidavit, deposition, interrogatory, answer, admission, or other evidence upon which the party relies. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages. An order granting summary judgment shall set forth the undisputed material facts and legal determinations on which the court granted summary judgment.

      [As amended; effective January 1, 2005.]

      (d) Case Not Fully Adjudicated on Motion.  If on motion under this rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.

       (e) Form of Affidavits; Further Testimony; Defense Required.  Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party’s pleading, but the adverse party’s response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.

      [As amended; effective January 1, 2005.]

      (f) When Affidavits Are Unavailable.  Should it appear from the affidavits of a party opposing the motion that the party cannot for reasons stated present by affidavit facts essential to justify the party’s opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.

      [As amended; effective January 1, 2005.]

      (g) Affidavits Made in Bad Faith.  Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused the other party to incur, including reasonable attorney’s fees, and any offending party or attorney may be adjudged guilty of contempt.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 55.  DEFAULT

      (a) Entry.  When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default.

      [As amended; effective January 1, 2005.]

      (b) Judgment.  Judgment by default may be entered as follows:

              (1) By the Clerk.  When the plaintiff’s claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to appear and is not an infant or incompetent person.

              (2) By the Court.  In all other cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, guardian ad litem, conservator, or other such representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party’s representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of the State.

      [As amended; effective January 1, 2005.]

      (c) Setting Aside Default.  For good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60.

       (d) Plaintiffs, Counterclaimants, Cross-Claimants.  The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 54(c).

       (e) Judgment Against the State.  No judgment by default shall be entered against the State or an officer or agency thereof unless the claimant establishes a claim or right to relief by evidence satisfactory to the court.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 54.  JUDGMENTS; ATTORNEY FEES

      (a) Definition; Form.  “Judgment” as used in these rules includes a decree and any order from which an appeal lies. A judgment shall not contain a recital of pleadings, the report of a master, or the record of prior proceedings.

       (b) Judgment Involving Multiple Parties.  When multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the rights and liabilities of all the parties.

      [As amended; effective January 1, 2005.]

      (c) Demand for Judgment.  A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment, except that where the prayer is for damages in excess of $10,000 the judgment shall be in such amount as the court shall determine. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in the party’s pleadings.

      [As amended; effective January 1, 2005.]

      (d) Attorney Fees.

              (1) Reserved.

              (2) Attorney Fees.

                    (A) Claim to Be by Motion.  A claim for attorney fees must be made by motion. The district court may decide the motion despite the existence of a pending appeal from the underlying final judgment.

      [Added; effective May 1, 2009.]

                   (B) Timing and Contents of the Motion.  Unless a statute provides otherwise, the motion must be filed no later than 20 days after notice of entry of judgment is served; specify the judgment and the statute, rule, or other grounds entitling the movant to the award; state the amount sought or provide a fair estimate of it; and be supported by counsel’s affidavit swearing that the fees were actually and necessarily incurred and were reasonable, documentation concerning the amount of fees claimed, and points and authorities addressing appropriate factors to be considered by the court in deciding the motion. The time for filing the motion may not be extended by the court after it has expired.

      [Added; effective May 1, 2009.]

                   (C) Exceptions.  Subparagraphs (A)-(B) do not apply to claims for fees and expenses as sanctions pursuant to a rule or statute, or when the applicable substantive law requires attorney fees to be proved at trial as an element of damages.

      [Added; effective May 1, 2009.]

Nevada Rules of Civil Procedure

RULE 53.  MASTERS

      (a) Appointment and Compensation.

              (1) The court in which any action is pending may appoint a special master therein. As used in these rules the word “master” includes a referee, an auditor, an examiner and an assesor. The compensation to be allowed to a master shall be fixed by the court, and shall be charged upon such of the parties or paid out of any fund or subject matter of the action, which is in the custody and control of the court as the court may direct. The master shall not retain the master’s report as security for the master’s compensation; but when the party ordered to pay the compensation allowed by the court does not pay it after notice and within the time prescribed by the court, the master is entitled to a writ of execution against the delinquent party.

      [As amended; effective January 1, 2005.]

             (2) Any party may object to the appointment of any person as a master on one or more of the following grounds:

              1. A want of any of the qualifications prescribed by statute to render a person competent as a juror.

              2. Consanguinity or affinity within the third degree to either party.

              3. Standing in the relation of guardian and ward, master and servant, employer and clerk, or principal and agent to either party, or being a member of the family of either party, or a partner in business with either party, or being security on any bond or obligation for either party.

              4. Having served as a juror or been a witness on any trial between the same parties for the same cause of action, or being then a witness in the cause.

              5. Interest on the part of such person in the event of the action, or in the main question involved in the action.

              6. Having formed or expressed an unqualified opinion or belief as to the merits of the actions.

              7. The existence of a state of mind in such person evincing enmity against or bias to either party.

       (b) Reference.  A reference to a master shall be the exception and not the rule. In actions to be tried by a jury, a reference shall be made only when the issues are complicated; in actions to be tried without a jury, save in matters of account and of difficult computation of damages, a reference shall be made only upon a showing that some exceptional condition requires it.

      [As amended; effective September 27, 1971.]

      (c) Powers.  The order of reference to the master may specify or limit the master’s powers and may direct the master to report only upon particular issues or to do or perform particular acts or to receive and report evidence only and may fix the time and place for beginning and closing the hearings and for the filing of the master’s report. Subject to the specifications and limitations stated in the order, the master has and shall exercise the power to regulate all proceedings in every hearing before the master and to do all acts and take all measures necessary or proper for the efficient performance of the master’s duties under the order. The master may require the production before the master of evidence upon all matters embraced in the reference, including the production of all books, papers, vouchers, documents, and writings applicable thereto. The master may rule upon the admissibility of evidence unless otherwise directed by the order of reference and has the authority to put witnesses on oath and may examine them and may call the parties to the action and examine them upon oath. When a party so requests, the master shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in Rule 43(c) and statutes for a court sitting without a jury.

      [As amended; effective January 1, 2005.]

      (d) Proceedings.

              (1) Meetings.  When a reference is made, the clerk shall forthwith furnish the master with a copy of the order of reference. Upon receipt thereof unless the order of reference otherwise provides, the master shall forthwith set a time and place for the first meeting of the parties or their attorneys to be held within 20 days after the date of the order of reference and shall notify the parties or their attorneys. It is the duty of the master to proceed with all reasonable diligence. Either party, on notice to the parties and master, may apply to the court for an order requiring the master to speed the proceedings and to make the report. If a party fails to appear at the time and place appointed, the master may proceed ex parte or, in the master’s discretion, adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.

              (2) Witnesses.  The parties may procure the attendance of witnesses before the master by the issuance and service of subpoenas as provided in Rule 45. If without adequate excuse a witness fails to appear or give evidence, the witness may be punished as for a contempt and be subjected to the consequences, penalties, and remedies provided in Rules 37 and 45.

              (3) Statement of Accounts.  When matters of accounting are in issue before the master, the master may prescribe the form in which the accounts shall be submitted and in any proper case may require or receive in evidence a statement by a certified public accountant who is called as a witness. Upon objection of a party to any of the items thus submitted or upon a showing that the form of statement is insufficient, the master may require a different form of statement to be furnished, or the accounts or specific items thereof to be proved by oral examination of the accounting parties or upon written interrogatories or in such other manner as the master directs.

      [As amended; effective January 1, 2005.]

      (e) Report.

              (1) Contents and Filing.  The master shall prepare a report upon the matters submitted to the master by the order of reference and, if required to make findings of fact and conclusions of law, the master shall set them forth in the report. The master shall file the report with the clerk of the court and in an action to be tried without a jury, unless otherwise directed by the order of reference, shall file with it a transcript of the proceedings and of the evidence and the original exhibits. Unless otherwise directed by the order of reference, the master shall serve a copy of the report on each party.

              (2) In Nonjury Actions.  In an action to be tried without a jury the court shall accept the master’s findings of fact unless clearly erroneous. Within 10 days after being served with notice of the filing of the report any party may serve written objections thereto upon the other parties. Application to the court for action upon the report and upon objections thereto shall be by motion and upon notice as prescribed in Rule 6(d). The court after hearing may adopt the report or may modify it or may reject it in whole or in part or may receive further evidence or may recommit it with instructions.

              (3) In Jury Actions.  In an action to be tried by a jury the master shall not be directed to report the evidence. The master’s findings upon the issues submitted to the master are admissible as evidence of the matters found and may be read to the jury, subject to the ruling of the court upon any objections in point of law which may be made to the report.

              (4) Stipulation as to Findings.  The effect of a master’s report is the same whether or not the parties have consented to the reference; but, when the parties stipulate that a master’s findings of fact shall be final, only questions of law arising upon the report shall thereafter be considered.

              (5) Draft Report.  Before filing a report a master may submit a draft thereof to counsel for all parties for the purpose of receiving their suggestions.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 52.  FINDINGS BY THE COURT; JUDGMENT ON PARTIAL FINDINGS

      (a) Effect.  In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and judgment shall be entered pursuant to Rule 58; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court. It will be sufficient if the findings of fact and conclusions of law are stated orally and recorded in open court following the close of the evidence or appear in an opinion or memorandum of decision filed by the court. Findings of fact and conclusions of law are unnecessary on decisions of motions under Rules 12 or 56 or any other motion except as provided in subdivision (c) of this rule. But an order granting summary judgment shall set forth the undisputed material facts and legal determinations on which the court granted summary judgment.

      [As amended; effective January 1, 2005.]

      (b) Amendment.  Upon a party’s motion filed not later than 10 days after service of written notice of entry of judgment, the court may amend its findings or make additional findings and may amend the judgment accordingly. The motion may accompany a motion for a new trial under Rule 59. When findings of fact are made in actions tried without a jury, the sufficiency of the evidence supporting the findings may later be questioned whether or not in the district court the party raising the question objected to the findings, moved to amend them, or moved for partial findings.

      [As amended; effective January 1, 2005.]

      (c) Judgment on Partial Findings.  If during a trial without a jury a party has been fully heard on an issue and the court finds against the party on that issue, the court may enter judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue, or the court may decline to render any judgment until the close of all the evidence. Such a judgment shall be supported by findings of fact and conclusions of law as required by subdivision (a) of this rule.

      [Added; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 51.  INSTRUCTIONS TO JURY; OBJECTIONS; PRESERVING A CLAIM OF ERROR

      (a) Written Requests; Format.

              (1) A party may, at the close of the evidence or at such earlier time as the court reasonably directs, file written requests that the court instruct the jury on the law as set forth in the requests. The written requests shall be in the format directed by the court. If a party relies on statute, rule or case law to support or object to a requested instruction, the party shall provide a citation to or a copy of the precedent. An original and one copy of each instruction requested by a party shall be filed with the court. The copies shall be appropriately numbered and indicate who filed them.

              (2) After the close of the evidence, a party may:

                    (A) file requests for instructions on issues that could not reasonably have been anticipated at an earlier time for requests set under Rule 51(a)(1), and

                    (B) with the court’s permission file untimely requests for instructions on any issue.

      [As amended; effective January 1, 2005.]

      (b) Instructions.

              (1) The court:

                    (A) shall inform counsel of its proposed instructions and proposed action on the requests before instructing the jury and before the arguments to the jury; and

                    (B) must give the parties an opportunity to object on the record and out of the jury’s hearing to the proposed instructions and actions on requests before the instructions and arguments are delivered.

              (2) Whenever the court refuses to give any requested instruction, the court shall write the word “refused” in the margin of the original and initial or sign the notation. Whenever the court modifies any requested instruction, the court shall mark the same in such manner that it shall distinctly appear how the instruction has been modified and shall initial or sign the notation. The instructions given to the jury shall be firmly bound together and the court shall write the word “given” at the conclusion thereof and sign the last of the instructions. After the jury has reached a verdict and been discharged, the originals and copies of all instructions, whether given, modified or refused, shall be made part of the trial court record.

              (3) The court shall instruct the jury before the parties’ arguments to the jury, but this shall not prevent the giving of further instructions that may become necessary by reason of the argument. The jury shall be permitted to take to the jury room the written instructions given by the court, or a true copy thereof.

      [As amended; effective January 1, 2005.]

      (c) Objections.

              (1) A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds of the objection.

              (2) An objection is timely if:

                    (A) a party that has been informed of an instruction or action on a request before the jury is instructed and before final arguments to the jury, as provided by Rule 51(b)(1)(A), objects at the opportunity for objection required by Rule 51(b)(1)(B); or

                    (B) a party that has not been informed of an instruction or action on a request before the time for objection provided under Rule 51(b)(1)(B) objects promptly after learning that the instruction or request will be, or has been, given or refused.

      [As amended; effective January 1, 2005.]

      (d) Assigning Error; Plain Error.

              (1) A party may assign as error:

                    (A) an error in an instruction actually given if that party made a proper objection under Rule 51(c), or

                    (B) a failure to give an instruction if that party made a proper request under Rule 51(a), and, if the court did not make a definitive ruling on the record rejecting the request, also made a proper objection under Rule 51(c).

              (2) A court may consider a plain error in the instructions affecting substantial rights that has not been preserved as required by Rule 51(d)(1)(A) or (B).

      [As amended; effective January 1, 2005.]

      (e) Scope.  This rule governs instructions to the trial jury on the law that governs the verdict. Other instructions, including preliminary instructions to a venire and cautionary or limiting instructions delivered in immediate response to events at trial, are not within the scope of this rule.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 50.  JUDGMENT AS A MATTER OF LAW IN JURY TRIALS; ALTERNATIVE MOTION FOR NEW TRIAL; CONDITIONAL RULINGS

      (a) Judgment as a Matter of Law.

              (1) If during a trial by jury, a party has been fully heard on an issue and on the facts and law a party has failed to prove a sufficient issue for the jury, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue.

              (2) Motions for judgment as a matter of law may be made at the close of the evidence offered by the nonmoving party or at the close of the case. Such a motion shall specify the judgment sought and the law and the facts on which the moving party is entitled to the judgment.

      [As amended; effective January 1, 2005.]

      (b) Renewing Motion for Judgment After Trial; Alternative Motion for New Trial.  If, for any reason, the court does not grant a motion for judgment as a matter of law made at the close of all the evidence, the court is considered to have submitted the action to the jury subject to the court’s later deciding the legal questions raised by the motion. The movant may renew its request for judgment as a matter of law by filing a motion no later than 10 days after service of written notice of entry of judgment and may alternatively request a new trial or join a motion for new trial under Rule 59. In ruling on a renewed motion the court may:

              (1) if a verdict was returned:

                    (A) allow the judgment to stand,

                    (B) order a new trial, or

                    (C) direct entry of judgment as a matter of law; or

              (2) if no verdict was returned:

                    (A) order a new trial, or

                    (B) direct entry of judgment as a matter of law.

      [As amended; effective January 1, 2005.]

      (c) Granting Renewed Motion for Judgment as a Matter of Law; Conditional Rulings; New Trial Motion.

              (1) If the renewed motion for judgment as a matter of law is granted, the court shall also rule on the motion for new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the motion for new trial. If the motion for a new trial is thus conditionally granted, the order thereon does not affect the finality of the judgment. In case the motion for a new trial has been conditionally granted and the judgment is reversed on appeal, the new trial shall proceed unless the appellate court has otherwise ordered. In case the motion for a new trial has been conditionally denied, the appellee on appeal may assert error in that denial; and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the appellate court.

              (2) Any motion for a new trial under Rule 59 by a party against whom judgment as a matter of law is rendered shall be filed not later than 10 days after service of written notice of entry of the judgment.

      [Added; effective March 16, 1964; Amended effective January 1, 2005.]

      (d) Same: Denial of Motion for Judgment as a Matter of Law.  If the motion for judgment as a matter of law is denied, the party who prevailed on that motion may, as appellee, assert grounds entitling the party to a new trial in the event the appellate court concludes that the trial court erred in denying the motion for judgment. If the appellate court reverses the judgment, nothing in this rule precludes it from determining that the appellee is entitled to a new trial, or from directing the trial court to determine whether a new trial shall be granted.

      [Added; effective March 16, 1964; Amended effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 49.  SPECIAL VERDICTS AND INTERROGATORIES

      (a) Special Verdicts.  The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives the right to a trial by jury of the issue so omitted unless before the jury retires the party demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict.

      [As amended; effective January 1, 2005.]

      (b) General Verdict Accompanied by Answer to Interrogatories.  The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict. When the general verdict and the answers are harmonious, the appropriate judgment upon the verdict and answers shall be entered pursuant to Rule 58. When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered pursuant to Rule 58 in accordance with the answers, notwithstanding the general verdict, or the court may return the jury for further consideration of its answers and verdict or may order a new trial. When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, the court shall not direct the entry of judgment but may return the jury for further consideration of its answers and verdict or may order a new trial.

      [As amended; effective January 1, 2005.]

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