2005 Nevada Revised Statutes - Chapter 14 — Commencement of Actions

CHAPTER 14 - COMMENCEMENT OF ACTIONS

NRS 14.010 Noticeof pendency of actions affecting real property: Recording.

NRS 14.015 Noticeof pendency of actions affecting real property: Hearing; cancellation; bond.

NRS 14.017 Noticeof pendency of actions affecting real property: Transferability of propertyafter withdrawal or cancellation.

NRS 14.020 Artificialpersons doing business in Nevada to appoint resident agents; service ofprocess, demand or notice; staffing of registered office; fine for failure tostaff registered office.

NRS 14.030 Serviceof process when artificial person fails to appoint resident agent or whenregistered office of artificial person is not staffed.

NRS 14.040 Serviceby publication on unknown heirs; plaintiff to file affidavit before entry ofjudgment.

NRS 14.050 Serviceby publication on unknown parties generally.

NRS 14.060 Proceedingswhere there are several defendants and part only are served.

NRS 14.065 Exerciseof jurisdiction on any basis consistent with State and Federal Constitutions;service of summons to confer jurisdiction.

NRS 14.070 Serviceof process on operator of motor vehicle involved in accident.

NRS 14.080 Serviceof process on foreign manufacturers, producers and suppliers of products.

NRS 14.090 Serviceof process at residence accessible only through gate.

_________

NRS 14.010 Noticeof pendency of actions affecting real property: Recording.

1. In an action for the foreclosure of a mortgage uponreal property, or affecting the title or possession of real property, theplaintiff, at the time of filing the complaint, and the defendant, at the timeof filing his answer, if affirmative relief is claimed in the answer, shallrecord with the recorder of the county in which the property, or some partthereof, is situated, a notice of the pendency of the action, containing thenames of the parties, the object of the action and a description of theproperty in that county affected thereby, and the defendant shall also in thenotice state the nature and extent of the relief claimed in the answer.

2. A notice of an action affecting real property,which is pending in any United States District Court for the District of Nevadamay be recorded and indexed in the same manner and in the same place as providedwith respect to actions pending in courts of this state.

3. From the time of recording only, except asotherwise provided in NRS 14.017, thependency of the action is constructive notice to a purchaser or encumbrancer ofthe property affected thereby. In case of the foreclosure of the mortgage, allpurchasers or encumbrancers, by unrecorded deed or other instrument in writingmade before the recording of the notice, and after the date of the mortgage,shall be deemed purchasers or encumbrancers after the recording of the notice,and subject thereto, unless NRS 14.017is applicable or they can show that, at the time of recording the notice, theplaintiff had actual notice of the purchase or encumbrance.

[1911 CPA 79; RL 5021; NCL 8577](NRS A 1969,22; 1983, 1849; 1987, 637; 2001, 1747)

NRS 14.015 Noticeof pendency of actions affecting real property: Hearing; cancellation; bond.

1. After a notice of pendency of an action has beenrecorded with the recorder of the county, the defendant or, if affirmativerelief is claimed in the answer, the plaintiff, may request that the court holda hearing on the notice, and such a hearing must be set as soon as ispracticable, taking precedence over all other civil matters except a motion fora preliminary injunction.

2. Upon 15 days notice, the party who recorded thenotice of pendency of the action must appear at the hearing and, throughaffidavits and other evidence which the court may permit, establish to thesatisfaction of the court that:

(a) The action is for the foreclosure of a mortgage uponthe real property described in the notice or affects the title or possession ofthe real property described in the notice;

(b) The action was not brought in bad faith or for animproper motive;

(c) He will be able to perform any conditions precedentto the relief sought in the action insofar as it affects the title orpossession of the real property; and

(d) He would be injured by any transfer of an interestin the property before the action is concluded.

3. In addition to the matters enumerated in subsection2, the party who recorded the notice must establish to the satisfaction of thecourt either:

(a) That he is likely to prevail in the action; or

(b) That he has a fair chance of success on the meritsin the action and the injury described in paragraph (d) of subsection 2 wouldbe sufficiently serious that the hardship on him in the event of a transferwould be greater than the hardship on the defendant resulting from the noticeof pendency,

and that ifhe prevails he will be entitled to relief affecting the title or possession ofthe real property.

4. The party opposing the notice of the pendency of anaction may submit counter-affidavits and other evidence which the courtpermits.

5. If the court finds that the party who recorded thenotice of pendency of the action has failed to establish any of the mattersrequired by subsection 2, the court shall order the cancellation of the noticeof pendency and shall order the party who recorded the notice to record withthe recorder of the county a copy of the order of cancellation. The order muststate that the cancellation has the same effect as an expungement of theoriginal notice.

6. If the court finds that the party who recorded thenotice of pendency of the action has established the matters required bysubsection 2, the party opposing the notice may request the court to determinewhether a bond in an amount to be determined by the court would provideadequate security for any damages which the party who recorded the notice mightincur if the notice were so cancelled and the party opposing the notice did notprevail in the action. If the court determines that a bond would provide adequatesecurity, the party opposing the notice may post a bond or other security inthe amount determined by the court. The court shall then order the cancellationof the notice of pendency and shall order the party opposing the notice torecord with the recorder of the county a copy of the order of cancellation. Theorder must state that the cancellation has the same effect as an expungement ofthe original notice.

(Added to NRS by 1979, 982; A 1981, 1891; 1987, 638)

NRS 14.017 Noticeof pendency of actions affecting real property: Transferability of propertyafter withdrawal or cancellation.

1. Upon the withdrawal of a notice of the pendency ofan action affecting real property, or upon the recordation of a certified copyof a court order for the cancellation of a notice of the pendency of such anaction with the recorder of the county in which the notice was recorded, eachperson who thereafter acquires an interest in the property as a purchaser,transferee, mortgagee or other encumbrancer for a valuable consideration,except a party to the action who is not designated by a fictitious name at thetime of the withdrawal or order of cancellation, shall be deemed to be withoutknowledge of the action or of any matter, claim or allegation contained therein,irrespective of whether the person has or at any time had actual knowledge ofthe action or of any matter, claim or allegation contained therein.

2. The purpose of this section is to provide for theabsolute and complete transferability of real property after the withdrawal orcancellation of a notice of the pendency of an action affecting the property.

(Added to NRS by 1987, 637)

NRS 14.020 Artificialpersons doing business in Nevada to appoint resident agents; service ofprocess, demand or notice; staffing of registered office; fine for failure tostaff registered office.

1. Every corporation, miscellaneous organizationdescribed in chapter 81 of NRS,limited-liability company, limited-liability partnership, limited partnership,limited-liability limited partnership, business trust and municipal corporationcreated and existing under the laws of this State, any other state, territoryor foreign government, or the Government of the United States, doing businessin this State shall appoint and keep in this State a resident agent who residesor is located in this State, upon whom all legal process and any demand ornotice authorized by law to be served upon it may be served in the manner providedin subsection 2. The corporation, miscellaneous organization, limited-liabilitycompany, limited-liability partnership, limited partnership, limited-liabilitylimited partnership, business trust or municipal corporation shall file withthe Secretary of State a certificate of acceptance of appointment signed by itsresident agent. The certificate must set forth the full name and street addressof the resident agent. A certificate of change of resident agent must be filedin the manner provided in title 7 of NRS if the corporation, miscellaneousorganization, limited-liability company, limited-liability partnership, limitedpartnership, limited-liability limited partnership, business trust or municipalcorporation desires to change its resident agent. A certificate of name changeof resident agent must be filed in the manner provided in title 7 of NRS if thename of a resident agent is changed as a result of a merger, conversion,exchange, sale, reorganization or amendment.

2. All legal process and any demand or noticeauthorized by law to be served upon the corporation, miscellaneousorganization, limited-liability company, limited-liability partnership, limitedpartnership, limited-liability limited partnership, business trust or municipalcorporation may be served upon the resident agent personally or by leaving atrue copy thereof with a person of suitable age and discretion at the addressof the registered office shown on the current certificate of acceptance filedwith the Secretary of State.

3. Unless the registered office is the home residenceof the resident agent, the registered office of a corporation, miscellaneousorganization, limited-liability company, limited-liability partnership, limitedpartnership, limited-liability limited partnership, business trust or municipalcorporation must be staffed during normal business hours by:

(a) The resident agent; or

(b) One or more natural persons who are:

(1) Of suitable age and discretion to receiveservice of legal process and any demand or notice authorized by law to beserved upon the corporation, miscellaneous organization, limited-liabilitycompany, limited-liability partnership, limited partnership, limited-liabilitylimited partnership, business trust or municipal corporation; and

(2) Authorized by the resident agent to receiveservice of legal process and any demand or notice authorized by law to beserved upon the corporation, miscellaneous organization, limited-liabilitycompany, limited-liability partnership, limited partnership, limited-liabilitylimited partnership, business trust or municipal corporation.

4. A corporation, miscellaneous organization,limited-liability company, limited-liability partnership, limited partnership,limited-liability limited partnership, business trust or municipal corporationthat fails or refuses to comply with the requirements of subsection 3 issubject to a fine of not less than $100 nor more than $500 for each day of suchfailure or refusal to comply with the requirements of subsection 3, to be recoveredwith costs by the State, before any court of competent jurisdiction, by actionat law prosecuted by the Attorney General or by the district attorney of thecounty in which the action or proceeding to recover the fine is prosecuted.

5. Subsection 2 provides an additional mode and mannerof serving process, demand or notice and does not affect the validity of anyother service authorized by law.

6. As used in this section:

(a) Registered office means the office maintained atthe street address of the resident agent.

(b) Street address means the actual physical locationin this State at which a resident agent is available for service of process.

[1911 CPA 82; A 1933, 191; 1939, 66; 1931 NCL 8580](NRS A 1969, 570; 1989, 952; 1991, 1309; 1993, 556; 1999, 1631; 2003, 20thSpecial Session, 128; 2005, 2205)

NRS 14.030 Serviceof process when artificial person fails to appoint resident agent or whenregistered office of artificial person is not staffed.

1. If any artificial person described in NRS 14.020 fails to appoint a residentagent, or fails to file a certificate of acceptance of appointment for 30 daysafter a vacancy occurs in the agency, on the production of a certificate of theSecretary of State showing either fact, which is conclusive evidence of thefact so certified to be made a part of the return of service, or if theregistered office of the artificial person is not staffed as required pursuantto NRS 14.020, which fact is to be madepart of the return of service, the artificial person may be served with any andall legal process, or a demand or notice described in NRS 14.020, by delivering a copy to the Secretaryof State, or, in his absence, to any deputy secretary of state, and suchservice is valid to all intents and purposes. The copy must:

(a) Include a specific citation to the provisions ofthis section. The Secretary of State may refuse to accept such service if theproper citation is not included.

(b) Be accompanied by a fee of $10.

TheSecretary of State shall keep a copy of the legal process received pursuant tothis section in his office for at least 1 year after receipt thereof and shallmake those records available for public inspection during normal businesshours.

2. In all cases of such service, the defendant has 40days, exclusive of the day of service, within which to answer or plead.

3. Before such service is authorized, the plaintiffshall make or cause to be made and filed an affidavit setting forth the facts,showing that due diligence has been used to ascertain the whereabouts of theofficers of the artificial person to be served, and the facts showing thatdirect or personal service on, or notice to, the artificial person cannot behad.

4. If it appears from the affidavit that there is alast known address of the artificial person or any known officers thereof, theplaintiff shall, in addition to and after such service on the Secretary ofState, mail or cause to be mailed to the artificial person or to the knownofficer, at such address, by registered or certified mail, a copy of thesummons and a copy of the complaint, and in all such cases the defendant has 40days after the date of the mailing within which to appear in the action.

5. This section provides an additional manner ofserving process, and does not affect the validity of any other valid service.

[1911 CPA 83; A 1921, 107; 1939, 66; 1931 NCL 8581](NRS A 1960, 226; 1969, 17, 95; 1997, 472; 1999, 404, 1632; 2005, 2206)

NRS 14.040 Serviceby publication on unknown heirs; plaintiff to file affidavit before entry ofjudgment.

1. When it appears to the satisfaction of the court orthe judge thereof from the verified complaint or from an affidavit in behalf ofthe plaintiff or plaintiffs in any action that any heir or heirs of a deceasedperson is or are necessary or proper party or parties defendant, that a causeof action in favor of the plaintiff or plaintiffs exists against him or them,and that due diligence to ascertain the name or names and the place or placesof residence of such heir or heirs has been unsuccessfully exercised by or inbehalf of the plaintiff or plaintiffs, the court or judge may grant an orderfor the service of the summons in such action on such unknown heir or heirs bypublication in like manner and for the period of time prescribed by the NevadaRules of Civil Procedure for the publication of summons in other actions.

2. Such service when made shall as to such unknownheir or heirs be sufficient to confer on the court jurisdiction to hear anddetermine the issues in such action, and the judgment of the court based onsuch service and duly made and entered in such action shall bind each and everyone of the heirs of such deceased person whose name or names and place orplaces of residence were so, as aforesaid, unknown to the plaintiff orplaintiffs with like effect as if the name or names of such heir or heirs hadbeen inserted in the complaint and published summons, regardless of whethersuch heir or heirs shall subsequently appear to have been residents ornonresidents of this state at the time of such publication.

3. Before final judgment in favor of the plaintiff orplaintiffs and against any such unknown heir or heirs shall be entered in anysuch action, every such plaintiff shall make and file with the clerk of thecourt in which the action is pending an affidavit showing that since thecommencement of the action he has neither learned the name or names of any suchheir or heirs nor received any information indicating a line of search orinquiry which if properly pursued might lead to the discovery of such name ornames and that the same still remains or remain unknown to such plaintiff; or,if he has received such information, such affidavit shall so state and showthat diligent search and inquiry along the lines indicated had been made by orin behalf of such plaintiff and resulted in failure to learn such name or namesand that the same are still unknown to such plaintiff.

[1911 CPA 86; RL 5028; NCL 8584] + [1911 CPA 87; RL 5029; NCL 8585]

NRS 14.050 Serviceby publication on unknown parties generally. Ifany plaintiff shall allege that there are, or that he verily believes thatthere are, persons, other than heirs, interested in the subject matter of thecomplaint, whose names he cannot insert therein because they are unknown tohim, and shall describe the interest of such persons and how derived, so far ashis knowledge extends, the court or the judge thereof shall make an order forthe publication of summons, reciting, moreover, the substance of theallegations of the complaint in relation to the interest of such unknownparties; and, after the completion of service by such publication, the courtshall have jurisdiction of such persons, and any judgment or decree rendered inthe action shall apply to and conclude such persons with respect to suchinterest in the subject matter of the action.

[1911 CPA 88; RL 5030; NCL 8586]

NRS 14.060 Proceedingswhere there are several defendants and part only are served. Where the action is against two or more defendants, andthe summons is served on one or more but not on all of them, the plaintiff mayproceed as follows:

1. If the action be against the defendants jointlyindebted upon a contract, he may proceed against the defendant served, unlessthe court otherwise directs; and if he recover judgment, it may be enteredagainst all the defendants thus jointly indebted, so far only as that it may beenforced against the joint property of all and the separate property of thedefendant served; or

2. If the action be against defendants severallyliable, he may proceed against the defendants served in the same manner as ifthey were the only defendants.

[1911 CPA 89; RL 5031; NCL 8587]

NRS 14.065 Exerciseof jurisdiction on any basis consistent with State and Federal Constitutions;service of summons to confer jurisdiction.

1. A court of this state may exercise jurisdictionover a party to a civil action on any basis not inconsistent with theConstitution of this state or the Constitution of the United States.

2. Personal service of summons upon a party outsidethis state is sufficient to confer upon a court of this state jurisdiction overthe party so served if the service is made by delivering a copy of the summons,together with a copy of the complaint, to the party served in the mannerprovided by statute or rule of court for service upon a person of like kindwithin this state.

3. The method of service provided in this section iscumulative, and may be utilized with, after or independently of other methodsof service.

(Added to NRS by 1969, 845; A 1983, 1503; 1993, 865;1995, 1041)

NRS 14.070 Serviceof process on operator of motor vehicle involved in accident.

1. The use and operation of a motor vehicle over thepublic roads, streets or highways, or in any other area open to the public andcommonly used by motor vehicles, in the State of Nevada by any person, eitheras principal, master, agent or servant, shall be deemed an appointment by theoperator, on behalf of himself and his principal or master, his executor,administrator or personal representative, of the Director of the Department ofMotor Vehicles to be his true and lawful attorney upon whom may be served alllegal process in any action or proceeding against him, his principal or master,his executor, administrator or personal representative, growing out of such useor resulting in damage or loss to person or property, and the use or operationsignifies his agreement that any process against him which is so served has thesame legal force and validity as though served upon him personally within theState of Nevada.

2. Service of process must be made by leaving a copyof the process with a fee of $5 in the hands of the Director of the Departmentof Motor Vehicles or in his office, and the service shall be deemed sufficientupon the operator if notice of service and a copy of the process is sent byregistered or certified mail by the plaintiff to the defendant at the addresssupplied by the defendant in his accident report, if any, and if not, at thebest address available to the plaintiff, and a return receipt signed by thedefendant or a return of the United States Postal Service stating that thedefendant refused to accept delivery or could not be located, or that theaddress was insufficient, and the plaintiffs affidavit of compliance therewithare attached to the original process and returned and filed in the action inwhich it was issued. Personal service of notice and a copy of the process uponthe defendant, wherever found outside of this state, by any person qualified toserve like process in the State of Nevada is the equivalent of mailing, and maybe proved by the affidavit of the person making the personal service appendedto the original process and returned and filed in the action in which it wasissued.

3. The court in which the action is pending may ordersuch continuances as may be necessary to afford the defendant reasonableopportunity to defend the action.

4. The fee of $5 paid by the plaintiff to the Directorof the Department of Motor Vehicles at the time of the service must be taxed inhis costs if he prevails in the suit. The Director of the Department of MotorVehicles shall keep a record of all service of process, including the day andhour of service.

5. The foregoing provisions of this section withreference to the service of process upon an operator defendant are notexclusive, except if the operator defendant is found within the State ofNevada, he must be served with process in the State of Nevada.

6. The provisions of this section apply to nonresidentmotorists and to resident motorists who have left the State or cannot be foundwithin the State following an accident which is the subject of an action forwhich process is served pursuant to this section.

[1:275:1953; A 1955, 453] + [2:275:1953] +[3:275:1953] + [4:275:1953] + [5:275:1953](NRS A 1957, 628; 1961, 155; 1963,800; 1969, 95, 611; 1981, 1591; 1985, 1971; 2001, 2554)

NRS 14.080 Serviceof process on foreign manufacturers, producers and suppliers of products.

1. Any company, firm, partnership, corporation orassociation created and existing under the laws of any other state, territory,foreign government or the Government of the United States, which manufactures,produces, makes, markets or otherwise supplies directly or indirectly anyproduct for distribution, sale or use in this state may be lawfully served withany legal process in any action to recover damages for an injury to a person orproperty resulting from such distribution, sale or use in this state by mailingto the last known address of the company, firm, partnership, corporation orassociation, by registered or certified mail return receipt requested, a copyof the summons and a copy of the complaint.

2. In all cases of such service, the defendant has 40days, exclusive of the day of service, within which to answer or plead.

3. This section provides an additional manner ofserving process and does not invalidate any other service.

(Added to NRS by 1961, 57; A 1969, 18, 95; 1997, 473)

NRS 14.090 Serviceof process at residence accessible only through gate.

1. A person who resides at a location to which accessis not reasonably available except through a gate may be lawfully served withany legal process in the manner provided in this section. If there is:

(a) A guard posted at the gate and the guard deniesaccess to the residence for service of process, service of process is effectiveupon leaving a copy thereof with the guard.

(b) No guard posted at the gate and entry through thegate is not reasonably available, the court may, if it is satisfied byaffidavit that those facts are true, allow service of process by mailing a copythereof to the residence by certified or registered mail.

2. The manner of service authorized by this section issupplemental to and does not affect the validity of any other manner of serviceauthorized by law.

(Added to NRS by 1993, 1378)