Nevada Answer to a Complaint
Nevada gives you 21 calendar days to answer a complaint under NRCP 12(a)(1)(A). File your typed answer on a compliant caption or risk a default judgment.
Introduction
A Nevada Answer to a Complaint is the written response you file with the clerk of the court after you are served with a summons and complaint in District Court or Justice Court. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. Under NRCP 12(a)(1)(A), a defendant must serve an answer within 21 days after being served with the summons and complaint, counted as calendar days from the date of service. What sets a Nevada answer apart is that there is no single statewide fill-in answer form for most civil cases. You type the answer as a pleading on a caption that complies with NRCP 10(a), naming the court, the parties, and the case number, then file it with the clerk of the court named in the summons. A self-help generic answer template is available for consumer-debt and money cases, but it is not a required statewide form. If you do not answer in time, the clerk must enter your default under NRCP 55(a), after which the plaintiff can take a default judgment that you would then have to move to set aside within a reasonable time and no more than 6 months under NRCP 60(c)(1). DocDraft drafts a Nevada-formatted answer from your facts, with attorney review available before you file.
Key Things to Know
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Your deadline is 21 calendar days. Under NRCP 12(a)(1)(A) a defendant must serve an answer within 21 days after being served with the summons and complaint, counted as calendar days from the date of service. The State of Nevada and its political subdivisions get 45 days under NRCP 12(a)(3).
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There is no statewide answer form for most cases. You type the answer as a pleading on a caption that complies with NRCP 10(a), naming the court, the parties, and the case number. A self-help generic answer template exists for consumer-debt and money cases, but it is not a required statewide form.
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Small claims has no written answer. In a Justice Court small claims case up to $10,000, no formal pleading other than the claim and notice is necessary under JCRCP 96. Instead of filing a paper answer, you must appear for trial on the date stated in the served Affidavit of Complaint and Order, or judgment is entered against you.
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A summary eviction deadline is much shorter and counted in court days. To contest a summary (no-cause or lease-violation) eviction, the tenant must file a contesting affidavit before the court's close of business on the fifth judicial day after service of the notice under NRS 40.254(1)(c)(1). Judicial days exclude weekends and legal holidays.
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You must serve the plaintiff after filing. Send a copy of your answer to the plaintiff or their attorney by regular mail or through the court's e-service system within 3 days of filing, and file a Certificate of Service, under NRCP 5(b).
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There is a filing fee, with a waiver. The answer filing fee is about $223 in District Court or $71 in Justice Court. If you cannot afford it, you can file an Application to Proceed in Forma Pauperis to ask the court to waive the fee based on inability to pay.
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A related claim may be compulsory. Under NRCP 13(a), a pleading must state as a counterclaim any claim that arises out of the same transaction or occurrence as the plaintiff's claim, or you can lose the right to bring it later. The statute of limitations on a written contract is 6 years under NRS 11.190(1)(b).
Key Decisions
Answer to a Complaint Requirements
The full name of the court and judicial district where the lawsuit was filed, exactly as it appears on the summons.
The plaintiff's and defendant's full legal names as listed in the complaint, with you named as the defendant.
The case or docket number assigned by the court, found on the summons and the complaint.
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Nevada Requirements for Answer to a Complaint
In a general civil case your answer is due within 21 days after you are served with the summons and complaint, counted as calendar days, under NRCP 12(a)(1)(A). The State of Nevada and its political subdivisions get 45 days under NRCP 12(a)(3). A summary eviction must be contested by affidavit before the court's close of business on the fifth judicial day after service of the notice under NRS 40.254(1)(c)(1).
Nevada has no single statewide fill-in answer form for most civil cases. Type the answer as a pleading on a caption that complies with NRCP 10(a). A self-help generic answer template is available for consumer-debt and money cases, but it is not a required statewide form. Respond to each allegation by admitting it, denying it, or stating you lack sufficient knowledge to admit or deny.
Caption the answer under NRCP 10(a) for the court named in the summons, which is the District Court for amounts over $15,000 or the Justice Court for limited civil cases up to $15,000. Include the county, the case number and department number, the parties' names, and the title Answer to Complaint.
File your answer with the clerk of the court named in the summons. You can file online through eFileNV, in person, or by mail under NRCP 5(d). General civil cases over $15,000 are heard in the District Court, and limited civil cases up to $15,000 are heard in the Justice Court.
Under NRCP 5(b), send a copy of your answer to the plaintiff or their attorney by regular mail or through the court's e-service system within 3 days of filing, then file a Certificate of Service with the court showing how and when you served the plaintiff.
The fee to file an answer is about $223 in District Court or $71 in Justice Court. If you cannot afford the fee, file an Application to Proceed in Forma Pauperis (Fee Waiver Application) to ask the court to waive it based on your inability to pay, filed with the same court hearing your case.
State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, fraud, statute of frauds, accord and satisfaction, waiver, estoppel, or res judicata. The statute of limitations on a written contract is six years under NRS 11.190(1)(b).
Under NRCP 13(a), a pleading must state as a counterclaim any claim that arises out of the same transaction or occurrence as the plaintiff's claim. A compulsory counterclaim that you do not raise with your answer can be lost, so include any related claim you have against the plaintiff.
Frequently Asked Questions
In a general civil case, NRCP 12(a)(1)(A) requires a defendant to serve an answer within 21 days after being served with the summons and complaint, counted as calendar days from the date of service. The State of Nevada and its political subdivisions have 45 days under NRCP 12(a)(3). The rules differ by track: small claims requires no written answer because you appear for trial on the date set in the served order under JCRCP 96, and a summary eviction must be contested by an affidavit filed before the court's close of business on the fifth judicial day after service of the notice under NRS 40.254(1)(c)(1). Missing your deadline can lead to a default judgment.
Nevada has no single statewide fill-in answer form for most civil cases. You type the answer as a pleading on a caption that complies with NRCP 10(a), naming the court, the parties, and the case number, then file it with the clerk of the court named in the summons. A self-help generic answer template is available for consumer-debt and other money cases, but it is not a required statewide form. The answer should respond to each allegation by admitting it, denying it, or stating that you lack sufficient knowledge to admit or deny.
File your answer with the clerk of the court named in the summons. General civil cases are heard in the District Court for amounts over $15,000 and in the Justice Court for limited civil cases up to $15,000, while small claims up to $10,000 are heard in the Justice Court small claims division. You can file online through eFileNV, in person, or by mail. After filing, you serve a copy on the plaintiff and file a Certificate of Service under NRCP 5(b).
The fee to file an answer is about $223 in District Court or $71 in Justice Court. If you cannot afford the fee, you can ask the court to waive it by filing an Application to Proceed in Forma Pauperis, also called a Fee Waiver Application, based on your inability to pay. The application is filed with the same court that is hearing your case.
When a defendant who is required to answer fails to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the defendant's default under NRCP 55(a), after which the plaintiff can take a default judgment. You may be able to set the default aside by filing a Motion to Set Aside Default within a reasonable time and no more than 6 months under NRCP 60(c)(1), by showing mistake, inadvertence, surprise, or excusable neglect under NRCP 60(b)(1). The reliable path is to file on time.
Yes, and you may be required to. Under NRCP 13(a), a pleading must state as a counterclaim any claim that arises out of the same transaction or occurrence that is the subject matter of the plaintiff's claim. A compulsory counterclaim that you do not raise with your answer can be lost. A claim arising from a different transaction may be raised as a permissive counterclaim instead.