NRS 159.0475 - Manner of serving citation.

NV Rev Stat § 159.0475 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

1. A copy of the citation issued pursuant to NRS 159.047, together with a copy of the petition filed under NRS 159.044, must be served:

(a) Except as otherwise ordered by the court, on a proposed protected person by personal service in the manner provided pursuant to the Nevada Rules of Civil Procedure at least 10 days before the date set for the hearing; and

(b) On each person required to be served pursuant to NRS 159.047 other than a proposed protected person by:

(1) Certified mail, with a return receipt requested, at least 20 days before the hearing; or

(2) Personal service in the manner provided pursuant to the Nevada Rules of Civil Procedure at least 10 days before the date set for the hearing.

2. If none of the persons on whom the citation and petition is to be served can, after due diligence, be served by certified mail or personal service, as applicable, and this fact is proven by affidavit to the satisfaction of the court, service of the citation must be made by publication in the manner provided by the Nevada Rules of Civil Procedure. In all such cases, the citation must be published at least 20 days before the date set for the hearing.

3. A citation and petition need not be served on a person or an officer of the care provider who has signed the petition or a written waiver of service of the citation and petition or who makes a general appearance.

4. The court may find that notice is sufficient if:

(a) The citation and petition have been served by personal service on the proposed protected person and an affidavit of such service has been filed with the court pursuant to subsection 3 of NRS 159.047;

(b) The citation and petition have been served by certified mail, with a return receipt requested, or by personal service on the care provider or public guardian required to be served pursuant to NRS 159.047; and

(c) At least one relative of the proposed protected person who is required to be served pursuant to NRS 159.047 has been served, as evidenced by the return receipt or the certificate of service. If the court finds that at least one relative of the proposed protected person has not received notice that is sufficient, the court will require the citation to be published pursuant to subsection 2.

(Added to NRS by 1969, 414; A 1981, 1935; 1995, 1077; 2003, 1775; 2013, 909; 2017, 3903)