Fillable Purpose: You are responsible to have the Defendant (Family Law Self Help Center)

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Purpose: You are responsible to have the Defendant (Family Law Self Help Center)

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Purpose: You are responsible to have the Defendant served. A waiver is one option.
Use this packet only if the Defendant is willing to cooperate and waive service of the
Summons and Complaint. The waiver does not stop the Defendant from contesting the case.
If Defendant signs the waiver, Defendant will have more time to file an answer to your court filing
than if he/she were served in other ways.
If Defendant will not waive service, you have to find a different way to serve him/her. Read
the instructions in your initial paperwork packet to learn about other service methods.
Use black ink and write clearly.
Notice of a Lawsuit and Request to Waive Service of Summons
Fill out this entire form. This form tells the Defendant that you filed a lawsuit and asks them to sign
the Waiver of Service of Summons to avoid being personally served. You must calculate the due
dates on the form. Defendant has 30 days from the date of your notice (60 days if Defendant lives
in another country) to return the Waiver of Service of Summons to you.
Waiver of Service of Summons Under Rule 4.1 of the Nevada Rules of Civil Procedure
Fill out everything on this form except the date and signature area for Defendant. Use the same
dates and deadlines you used in the Notice. Defendant can sign this form if they agree to waive
service.
Make Copies:
Make a copy of the Complaint for the other party. KEEP ALL THE ORIGINALS!!!!!
Make a copy of the Notice and Waiver. You will keep a copy of the notice for your records.
Deliver the Documents: Hand deliver or mail to the Defendant:
1 Copy of the Complaint
1 Original Notice of a Lawsuit and Request to Waive Service of Summons
1 Original Waiver (to sign and return to you) + 1 Copy of the Waiver (for Defendant to keep)
Self-Addressed Stamped Envelope (an envelope with your name and address on it, plus affixed
prepaid postage), if applicable.
If Defendant does not return the waiver to you by the deadline, you must have him/her
served in a different way (usually personal service).
After Defendant signs the Waiver of Service, file it. This is your proof of service of the Complaint.
File the form within 120 days of when you started your case. WARNING!! If you do not file
the form, your case may be dismissed and you will have to start all over.
If Defendant does not file anything by their deadline, you will have to fill out more papers to
finalize your case. See the Self-Help Center (www.familylawselfhelpcenter.org) for the forms.
Visit www.familylawselfhelpcenter.org to find free forms and information.
© 2019 Family Law Self-Help Center Notice of Lawsuit and Request to Waive Service
Page 1 of 2
DISTRICT COURT
CLARK COUNTY, NEVADA
________________________________
Plaintiff,
vs.
________________________________
Defendant.
CASE NO.: ____________________
DEPT: ____________________
NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF
SUMMONS UNDER RULE 4.1 OF THE NEVADA RULES OF CIVIL PROCEDURE
TO: ________________________________________
(Defendant’s name)
Why are you getting this?
A lawsuit has been filed against you in this court under the case number shown above. A
copy of the complaint is enclosed with this letter.
This is not a summons, or an official notice from the court. This is a request that you waive
(give up your right to) formal service of a summons and complaint by signing and returning the
enclosed waiver by the date indicated on the next page.
Enclosed is the following:
1. Complaint: a copy for you to keep
2. Waiver: 1 original (to sign and return to me) + 1 copy (for you to keep)
3. Self-Address Stamped Envelope: so you can mail the original waiver form to me
What happens next?
If you return the signed waiver to me, I will file it with the court. The lawsuit will then
proceed as if you had been served on the date the waiver is filed, but no summons will be served
on you. If you sign the waiver, you will have 60 days from the date this notice is sent to file
an answer to the Complaint (or 90 days if this notice is sent to you outside the United States).
This is a longer deadline than if you were to be served the standard way.
Visit www.familylawselfhelpcenter.org to find free forms and information.
© 2019 Family Law Self-Help Center Notice of Lawsuit and Request to Waive Service
Page 2 of 2
Your deadlines are:
Date Notice Was Sent: _______________
Write today’s date
Please Return Waiver to Me by: _______________
Write a date at least 30 days away
if Defendant lives in the US, or at
least 60 days away if Defendant
lives in another country
If You Return This to Me, Your
Answer is Due to the Court by:
_______________
Write the date 60 days from today
if Defendant lives in the US, or 90
days from today if Defendant lives
in another country
If you do not return the signed waiver within the time indicated, I will arrange to have the
summons and complaint served on you.
Your Duty to Avoid Unnecessary Expenses of Serving a Summons
Rule 4.l(a) of the Nevada Rules of Civil Procedure requires certain defendants to
cooperate in saving unnecessary expenses of serving a summons and complaint. You have a duty
to cooperate in saving unnecessary expenses even if you believe that the lawsuit is groundless, or
that it has been brought in an improper venue, or that the court has no jurisdiction over this
matter or over the defendant or the defendant's property. If the waiver is signed and returned,
you can still make these and all other defenses and objections, but you cannot object to the
absence of a summons or of service.
If you waive service, then you must, within the time specified on the waiver form, serve
an answer or a motion under Rule 12 of the Nevada Rules of Civil Procedure on the plaintiff and
file a copy with the court. By signing and returning the waiver form, you are allowed more
time to respond to the complaint than if a summons had been served.
I certify that this request is being sent to you on the date below.
DATED _____________________________, 20____.
Submitted By: Plaintiff’s Signature
Plaintiff’s Printed Name
Plaintiff’s Address
Plaintiff’s E-mail Address
Plaintiff’s Telephone Number
/s/
© 2019 Family Law Self-Help Center Waiver of Service
Visit www.familylawselfhelpcenter.org to find free forms and information.
Page 1 of 2
COURT CODE: WAIV
Plaintiff’s Name:
Address:
City, State, Zip:
Telephone:
Email Address:
DISTRICT COURT
CLARK COUNTY, NEVADA
________________________________
Plaintiff,
vs.
________________________________
Defendant.
CASE NO.: ____________________
DEPT: ____________________
WAIVER OF SERVICE OF SUMMONS UNDER
RULE 4.1 OF THE NEVADA RULES OF CIVIL PROCEDURE
TO: ________________________________________
(Plaintiff’s name)
I have received your request to waive service of a summons in this lawsuit along with a copy
of the complaint, two copies of this waiver form, and a prepaid means of returning one signed
copy of the form to you.
I agree to save the expense of serving a summons and complaint in this lawsuit.
I understand that I will keep all defenses or objections to the lawsuit, the court's jurisdiction,
and the venue of the lawsuit, but that I waive any objections to the absence of a summons or of
service.
© 2019 Family Law Self-Help Center Waiver of Service
Visit www.familylawselfhelpcenter.org to find free forms and information.
Page 2 of 2
I understand that I must file and serve an answer or a motion under Rule 12 of the Nevada
Rules of Civil Procedure by the deadline listed below:
Date Notice Was Sent: _______________
Plaintiff: write today’s date
My Answer is Due to the Court
by:
_______________
Plaintiff: write the date 60 days
from today if Defendant lives in
the US, or 90 days from today if
Defendant lives in another
country
If I do not file by the deadline above, a default judgment will be entered against me.
DATED _____________________________, 20____.
Submitted By: Defendant’s Signature
Defendant’s Printed Name
Defendant’s Address
Defendant’s E-mail Address
Defendant’s Telephone Number
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Purpose: You are responsible to have the Defendant (Family Law Self Help Center)

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Completed 15 January 2021

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