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Nevada Rules of Civil Procedure

Rule 10. Form of Pleadings

(a)    Caption; Names of Parties. Every pleading must have a caption with the court’s name, the county, a title, a case number, and a Rule 7(a) designation. The caption of the complaint must name all the parties; the caption of other pleadings, after naming the first party on each side, may refer generally to other parties.

(b)   Paragraphs; Separate Statements. A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence—and each defense other than a denial—must be stated in a separate count or defense.

(c)    Adoption by Reference; Exhibits. A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion. A copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes.

(d)    Using a Fictitious Name to Identify a Defendant. If the name of a defendant is unknown to the pleader, the defendant may be designated by any name. When the defendant’s true name is discovered, the pleader should promptly substitute the actual defendant for a fictitious party.

Advisory Committee Note—2019 Amendment

The amendments generally conform Rule 10 to FRCP 10, except that Rule 10 retains the Nevada-specific provisions relating to captions of pleadings and permitting a party to name fictitious defendants. The federal rules do not have a provision permitting a pleader to name a fictitious defendant. The amendment moves the fictitious-party provision from former NRCP 10(a) to Rule 10(d). This move represents a stylistic, not a substantive, change to existing Nevada law.

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

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