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NRCP Rule 5
RULE 5. SERVICE AND FILING OF
PLEADINGS AND OTHER PAPERS
(a) Service: When Required. Except as otherwise
provided in these rules, every order required by its terms to be served, every
pleading subsequent to the original complaint unless the court otherwise orders
because of numerous defendants, every paper relating to discovery required to
be served upon a party unless the court otherwise orders, every written motion
other than one which may be heard ex parte, and every written notice,
appearance, demand, offer of judgment, designation of record on appeal, and
similar paper shall be served upon each of the parties. No service need be made
on parties in default for failure to appear except that pleadings asserting new
or additional claims for relief against them shall be served upon them in the
manner provided for service of summons in Rule 4.
(b) Same: How Made. Whenever under these rules
service is required or permitted to be made upon a party represented by an
attorney the service shall be made upon the attorney unless service upon the
party himself is ordered by the court. Service upon the attorney or upon a
party shall be made by delivering a copy to him or by mailing it to him at his
last known address or, if no address is known, by leaving it with the clerk of
the court. Delivery of a copy within this rule means: handing it to the
attorney or to the party; or leaving it at his office with his clerk or other
person in charge thereof; or, if there is no one in charge, leaving it in a
conspicuous place therein; or, if the office is closed or the person to be
served has no office, leaving it at his dwelling house or usual place of abode
with some person of suitable age and discretion then residing therein. Service
by mail is complete upon mailing; provided, however, a motion, answer or other
document constituting the initial appearance of a party must also, if served by
mail, be filed within the time allowed for service; and provided further, that
after such initial appearance, service by mail be made only by mailing from a
point within the State of Nevada. Proof of service may be made by certificate
of an attorney or of his employee, or by written admission, or by affidavit, or
other proof satisfactory to the court. Failure to make proof of service shall
not affect the validity of service.
(c) Same: Numerous Defendants. In any action in
which there are unusually large numbers of defendants, the court, upon motion
or of its own initiative, may order that service of the pleadings of the
defendants and replies thereto need not be made as between the defendants and
that any cross-claim, counterclaim, or matter constituting an avoidance or
affirmative defense contained therein shall be deemed to be denied or avoided
by all other parties and that the filing of any such pleading and service
thereof upon the plaintiff constitutes due notice of it to the parties. A copy
of every such order shall be served upon the parties in such manner and form as
the court directs.
(d) Filing. All papers after the complaint
required to be served upon a party shall be filed with the court either before
service or within a reasonable time thereafter, except as otherwise provided in
Rule 5(b), but, unless filing is ordered by the court on motion of a party or
upon its own motion, depositions upon oral examination and interrogatories,
requests for production, requests for admission, and the answers and responses
thereto, shall not be filed unless and until they are used in the proceedings. Originals
of responses to requests for admissions or production and answers to
interrogatories shall be served upon the party who made the request or
propounded the interrogatories and that party shall make such originals
available at the time of any pre-trial hearing or at trial for use by any
party.
(e) Filing With the
Court Defined. The filing of pleadings and other papers with the court as
required by these rules shall be made by filing them with the clerk of the
court, except that the judge may permit the papers to be filed with him, in
which event he shall note thereon the filing date and forthwith transmit them
to the office of the clerk.
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*** Any rule can change at any time - This rule may have been amended ***
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