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NEVADA RULES OF CIVIL PROCEDURE
 

nvsupremecourt.us/lib_legResources.html

ADOPTED

BY THE

SUPREME COURT OF NEVADA



____________



Effective January 1, 1953

and Including

Rules Current Through November 1, 2001





PREFACE

________

The 1951 legislature authorized the Nevada Supreme Court to Prescribe rules to regulate civil practice and procedure. Existing statutes were deemed rules of court, to remain in effect Until superseded. 1951 L., p. 44. [See NRS 2.120.]

The court appointed an Advisory Committee, consisting of the undersigned, to submit a draft of rules. A tentative draft, based primarily upon the federal rules, was prepared, and through the courtesy of West Publishing Company, was published and distributed to the Bar prior to the 1952 State Bar Meeting held at Las Vegas, March 27-29, 1952. At that meeting the rules were discussed and explained by Mr. Thompson of the Committee, and in federal application by the Honorable Leon R. Yankwich, Chief Judge of the United States District Court for the Southern District of California.

By order of April 1, 1952, the court invited submission to the committee of proposed modifications, such modifications to be submitted on or before June 4, 1952. Comments and proposals were submitted and discussed with their sponsors, and, in many instances, adopted. The Committee's final recommendation was thereafter submitted to the court, discussed with the court in meeting, and adopted by the court.
 

 

Section 1. The supreme court of Nevada, by rules adopted and published from time to time, shall regulate original and appellate civil practice and procedure, including, without limitation, pleadings, motions, writs, notices and forms of process, in judicial proceedings in all courts of the state, for the purpose of simplifying the same and of promoting the speedy determination of litigation upon its merits. Such rules shall not abridge, enlarge or modify any substantive right and shall not be inconsistent with the constitution of the State of Nevada.

Section 2. All statutes regulating original or appellate civil practice or procedure, including, without limitation, pleadings, motions, writs, notices and forms of process, in effect or taking effect at the time this act takes effect, shall be deemed to be rules of court, and shall remain in effect, until modified or superseded by rules adopted and published pursuant to this act. Such rules shall take effect on such date as the supreme court shall specify, but not in any event until sixty days after adoption and publication.



ORDER ADOPTING RULES OF CIVIL PROCEDURE

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IT IS HEREBY ORDERED, pursuant to the foregoing enabling act and to the matters recited in the foregoing preface, that the annexed rules be and the same hereby are adopted for the regulation of original and appellate civil practice and procedure in judicial proceedings in the district courts of the State of Nevada, and the forms annexed thereto approved; that the same shall be effective on January 1, 1953; that publication thereof be made by the mailing of a printed copy by the clerk of this court to each member of the State Bar of Nevada according to the clerk's official list of membership of such Bar (which will include all district judges and district attorneys), and that the certificate of the clerk of this court as to such mailing, not less than sixty days prior to January 1, 1953, shall be conclusive evidence of the adoption and publication of said rules in accordance with the provisions of said enabling act.



IT IS FURTHER ORDERED that copies be provided by the clerk of this court to each county clerk in the state and to the clerk of the United States District Court for the District of Nevada, and to each member of the 1951 and 1953 legislatures and to the State Library and each county law library.



Dated: August 29, 1952.





BY THE COURT

 

I. SCOPE OF RULES-ONE FORM OF ACTION

RULE 1. SCOPE OF RULES

These rules govern the procedure in the district courts in all suits of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Rule 81. They shall be construed to secure the just, speedy, and inexpensive determination of every action.





RULE 2. ONE FORM OF ACTION

There shall be one form of action to be known as "civil action."



II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS

RULE 3. COMMENCEMENT OF ACTION

A civil action is commenced by filing a complaint with the court.
 

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