(3) Service by electronic means under Rule 5(b)(2)(D) is not effective if the party making service learns that the attempted service did not reach the person to be served. (4) Proof of service may be made by certificate of an attorney or of the attorney’s 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. [As amended; effective January 1, 2005.] (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 pretrial hearing or at trial for use by any party. [As amended; effective February 11, 1986.] (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 the judge, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk. A court may by local rule permit papers to be filed, signed or verified by electronic means that are consistent with technical standards, if any, that the Judicial Conference of the United States establishes. A paper signed by electronic means in compliance with the local rule constitutes a written paper presented for the purpose of applying these rules. The clerk shall not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or any local rules or practices. [As amended; effective January 1, 2005.] Drafter’s Note 2004 Amendment Subdivision (b) is reorganized to make its provisions more accessible. Subparagraphs (A), (B), and (C) of Rule 5(b)(2) retain the method-of-service provisions of former Rule 5(b). Subparagraph (D) is new. It permits service by electronic means, including facsimile and electronic-mail, consistent with the 2001 amendments to the federal rule. Subdivision (b)(2)(D) provides that the served attorney or party must consent in writing to service by electronic means and includes specific provisions governing the form and content of the consent to service by electronic means. Subdivision (b)(3) is also new. It addresses the question of failed electronic service. Subdivision (b)(4) retains the proof-of-service provisions of former Rule 5(b). Subdivision (e) is revised to conform to the 1991 and 1996 amendments to the federal rule. First, the amendment adds language that prohibits the clerk from refusing to ‘‘accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or any local rules or practices.’’ Second, the amendment adds language to accommodate local rules that authorize filing by facsimile or other electronic means and thereby empowers the district courts to address the adoption of electronic filing based on the capabilities of both the district court clerk’s office and the desires of the bench and bar. RULE 6. TIME (a) Computation. In computing any period of time prescribed or allowed by these rules, by the local rules of any district court, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a nonjudicial day, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a nonjudicial day, or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the district court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and nonjudicial days shall be excluded in the computation except for those proceedings filed under Titles 12 or 13 of the Nevada Revised Statutes. [As amended; effective January 1, 2005.] (b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the parties, by written stipulation of counsel filed in the action, may enlarge the period, or the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 50(b), 50(c)(2), 52(b), 59(b), (d) and (e) and 60(b), except to the extent and under the conditions stated in them. [As amended; effective January 1, 2005.] (c) Reserved. (d) For Motions—Affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 5 days before the time specified for the hearing, unless a different period is fixed by these rules or by rule or order of the court. Such an order may, for cause shown, be made on ex parte application. When a motion or opposition is supported by affidavit, the affidavit shall be served with the motion or opposition. [As amended; effective January 1, 2005.] (e) Additional Time After Service by Mail or Electronic Means. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon the party and the notice or paper is served upon the party by mail or by electronic means, 3 days shall be added to the prescribed period. [As amended; effective January 1, 2005.] Drafter’s Note 2004 Amendment Subdivision (a) is revised to extend the exclusion of intermediate Saturdays, Sundays, and nonjudicial days to the computation of time periods less than 11 days consistent with the 1985 amendments to the federal rule. Additionally, the ‘‘inaccessibility of the court’’ provision found in subdivision (a) of the federal rule is added to Rule 6(a). Subdivision (a) is further amended, by adding language referring to ‘‘proceedings filed under Titles 12 or 13 of the Nevada Revised Statutes,’’ to avoid any changes to current procedures in probate, guardianship and trust proceedings. Subdivision (b) is amended to preclude the district court from extending the time for taking any action under Rule 50(c)(2), except to the extent and under the conditions stated in that rule. The revision is consistent with the federal rule. Subdivision (d) is amended to require that an affidavit in support of an opposition to a motion must be served with the opposition. The revised rule is based on local rules in several districts. The revised rule does not incorporate language in the federal rule that requires opposing affidavits to be filed 1 day before the hearing. Subdivision (e) is amended to provide an additional 3 days to act in response to a paper that is served by electronic means under new paragraph (2)(D) added to Rule 5(b). III. PLEADINGS AND MOTIONS RULE 7. PLEADINGS ALLOWED; FORM OF MOTIONS (a) Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of Rule 14; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer. [As amended; effective March 16, 1964.] (b) Motions and Other Papers. (1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. (2) The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by these rules.

Vegas Law