How long does a party have to respond to a Nevada motion for summary judgment?

Nevada's own summary judgment rule, NRCP 56, sets no statewide response deadline. In Clark County, the state's largest court, local rule requires the opposing party to serve and file a written opposition or notice of nonopposition within 14 calendar days after service of the motion, plus 3 more calendar days if the motion was served by mail (EDCR 2.20(e)). Other Nevada judicial districts may set different deadlines under their own local rules.

Does the Nevada summary judgment response deadline run from service of the motion or from a hearing date?

Where Clark County's local rule applies, it runs from service of the motion, not from a hearing date. EDCR 2.20(e) counts the 14 calendar day opposition deadline forward from the date the motion was served, which matters because a hearing may never be set at all (EDCR 2.20(b)).

Is a hearing required for a Nevada motion for summary judgment?

No. NRCP 56 never mentions a hearing. In Clark County, the movant may designate 'Hearing Not Requested,' and the judge may then consider the motion on the papers, with or without oral argument, on the chambers calendar (EDCR 2.20(b), 2.23(c)).

Is there a deadline for how soon before a hearing a Nevada summary judgment motion must be filed?

No fixed statewide cutoff tied to a hearing date. NRCP 56(b) allows a motion for summary judgment to be filed at any time until 30 days after the close of all discovery, unless a different time is set by local rule or the court orders otherwise.

Can a party get partial summary judgment in Nevada?

Yes. NRCP 56(a) lets a party move for summary judgment on an entire claim or defense, or only part of one, using the same rule rather than a separate procedure. Nevada has no separate Texas-style no-evidence motion for summary judgment.

What can happen if the other side does not respond to a Nevada motion for summary judgment?

In Clark County, EDCR 2.20(e) states that failing to serve and file a written opposition may be construed as an admission that the motion is meritorious and a consent to granting it. The rule says 'may be construed,' so a party served with the motion should file a timely opposition rather than rely on the court to deny an unopposed motion.

Does this page cover a motion for summary judgment in federal court in Nevada?

No. This page covers a civil motion for summary judgment in Nevada state trial court under NRCP 56. A motion for summary judgment in federal court, including federal courts sitting in Nevada, follows Federal Rule of Civil Procedure 56 and the federal court's procedures instead.

Nevada Motion for Summary Judgment

Q: What standard does a Nevada court use to decide a motion for summary judgment?

The court must grant summary judgment if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (NRCP 56(a)). NRCP 56 was rewritten effective March 1, 2019, adopting the federal Rule 56 text, though the rule's advisory committee note states that this does not abrogate Nevada's own case law under Wood v. Safeway, 121 Nev. 724 (2005), on how the burden shifts between the parties.

Q: Does Nevada require a separate statement of undisputed material facts for summary judgment?

No. Unlike some states, Nevada does not require a standalone separate statement. The movant instead cites particular record materials, such as depositions, documents, affidavits, or interrogatory answers, directly within the motion (NRCP 56(c)(1)).

Q: What's the difference between a Nevada motion for summary judgment and a motion to dismiss?

A motion for summary judgment under NRCP 56 asks the court to decide the case, or part of it, because there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. A motion to dismiss is a different motion and is not covered on this page.

Nevada Rule of Civil Procedure 56 sets no statewide notice, response, or reply deadline for summary judgment; in Clark County, the state's largest court, local rule counts a 14 calendar day opposition forward from service of the motion, not backward from a hearing date, and a hearing may never be set at all.

Find out where you stand in Nevada

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Introduction

Nevada Rule of Civil Procedure 56 sets no statewide deadline for the notice before a hearing, the opposing party's response, or a reply, and no statewide cutoff for when a motion for summary judgment must be filed; NRCP 56(b) allows a motion at any time until 30 days after the close of all discovery, unless a different time is set by local rule or the court orders otherwise. Nevada's general motion rule, NRCP 6(c)(1), sets a 21 calendar day default for notice of a hearing if one is set, but the rule for summary judgment itself never requires a hearing at all. In Clark County (the Eighth Judicial District, the state's largest), local rule lets the movant designate 'Hearing Not Requested,' and the motion is then decided on the papers, with no hearing date at all (EDCR 2.20(b), 2.23(c)). Where Clark County practice applies, the nonmoving party's opposition is due 14 calendar days after service of the motion, plus 3 more calendar days if the motion was served by mail, running forward from service rather than backward from any hearing date; a reply, if any, is due 7 calendar days before the hearing if one was requested or set, or 7 calendar days after service of the opposition if no hearing was requested (EDCR 2.20(e), (g)). This EDCR 2.20 schedule is a Clark County local rule, not a statewide NRCP provision, and other Nevada judicial districts may set different opposition and reply deadlines under their own local rules, so check the local rules for the district where the case is filed. The underlying standard is unchanged: the court must grant summary judgment if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (NRCP 56(a)). NRCP 56 was rewritten effective March 1, 2019, adopting the federal Rule 56 text nearly word for word, though the rule's advisory committee note states that this adoption does not abrogate Nevada's own case law under Wood v. Safeway, 121 Nev. 724 (2005), on how the burden shifts between the parties. Required papers include the motion itself, identifying each claim or defense, or part of one, on which judgment is sought; a memorandum of points and authorities; citations to depositions, documents, electronically stored information, affidavits, declarations, stipulations, admissions, or interrogatory answers; and any supporting affidavit or declaration made on personal knowledge (NRCP 56(a), (c); EDCR 2.20(c), 2.21(c)). Nevada does not require a separate statement of undisputed material facts the way some states do, and Clark County limits motion, opposition, and reply papers to 30 pages excluding exhibits, unless the court orders otherwise (EDCR 2.20(a)). A party may move for summary judgment on an entire claim or defense, or only part of one, since partial summary judgment is built into NRCP 56(a) itself rather than treated as a separate procedure; Nevada has no Texas-style no-evidence motion. Both the party who filed the motion and the party who was served with it need to track these deadlines: EDCR 2.20(e) warns that failing to serve and file a written opposition may be construed as an admission that the motion is meritorious and a consent to granting it. This page covers a civil motion for summary judgment in Nevada state trial court. It does not cover a motion to dismiss, which is on DocDraft's motion to dismiss page, or a motion to set aside a default judgment, which is on DocDraft's motion to set aside a default page, and it does not cover federal court, where a motion for summary judgment follows Federal Rule of Civil Procedure 56 instead. Summary judgment is technical and is often lost on procedure rather than the merits, and attorney review is available before you file or respond.

Key Things to Know

1
NRCP 56 sets no statewide notice, response, or reply deadline for summary judgment; drawing on Clark County's EDCR 2.20, the state's largest district, an opposition is due 14 calendar days after service of the motion, plus 3 more calendar days if served by mail, and a reply, if any, is due 7 calendar days before the hearing or 7 calendar days after the opposition if no hearing was set (EDCR 2.20(e), (g)).
2
If you were served with a Nevada motion for summary judgment, your opposition clock most likely runs forward from the date you were served, not backward from a hearing date; in Clark County you have 14 calendar days to file it, plus 3 more calendar days if the motion was mailed to you.
3
Nevada's EDCR 2.20(e) warns that failing to serve and file a written opposition may be construed as an admission that the motion is meritorious and a consent to granting it, so the party served with the motion should track the Clark County opposition deadline closely.
4
NRCP 56 sets no earliest filing date and no fixed cutoff before a hearing; a motion may be filed any time until 30 days after the close of all discovery, unless a different time is set by local rule or the court orders otherwise (NRCP 56(b)).
5
NRCP 56 never requires a hearing; in Clark County the movant may designate 'Hearing Not Requested' and have the motion decided on the papers, with the opposing party's deadline running from service rather than from any hearing date (EDCR 2.20(b), 2.23(c)).
6
NRCP 56(a) was rewritten effective March 1, 2019, adopting the federal Rule 56 standard: judgment is granted only if there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. Nevada does not require a separate statement of undisputed material facts, unlike some states, and Clark County limits motion, opposition, and reply papers to 30 pages excluding exhibits (EDCR 2.20(a)).
7
A party may seek judgment on an entire claim or defense, or only part of one, since partial summary judgment is built into NRCP 56(a) itself, and the Clark County deadlines above are local rather than statewide, so check the local rules for your judicial district. This page covers only a Nevada state-court motion for summary judgment, not a motion to dismiss, not a motion to set aside a default judgment, and not federal court, which follows Federal Rule of Civil Procedure 56.

Key decisions before you file

Before you file a Motion for Summary Judgment in Nevada, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.

Open the Motion for Summary Judgment guide

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CASE NO. [CASE NUMBER] DEPT. NO. [DEPARTMENT NUMBER]

IN THE [JUDICIAL DISTRICT] JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR [COUNTY] COUNTY

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], Defendant.

MOTION FOR SUMMARY JUDGMENT [IF APPLICABLE: OR PARTIAL SUMMARY JUDGMENT]

[NAME OF MOVING PARTY], [PLAINTIFF OR DEFENDANT] in this action, moves this Court under Nevada Rule of Civil Procedure 56(a) for summary judgment [IF APPLICABLE: as to DESCRIPTION OF THE CLAIM, DEFENSE, OR PART OF EACH ON WHICH JUDGMENT IS SOUGHT], and states:

I. GROUNDS

There is no genuine dispute as to any material fact, and Movant is entitled to judgment as a matter of law under Nevada Rule of Civil Procedure 56(a), for the following reasons: [GROUNDS FOR THE MOTION].

II. STATEMENT OF UNDISPUTED MATERIAL FACTS

The following facts are not genuinely disputed, each supported by the record materials cited below: [NUMBERED STATEMENT OF EACH UNDISPUTED MATERIAL FACT, WITH A CITATION TO SUPPORTING DEPOSITIONS, DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AFFIDAVITS, DECLARATIONS, STIPULATIONS, ADMISSIONS, OR INTERROGATORY ANSWERS].

III. SUPPORTING EVIDENCE

Movant relies on the following record materials under Nevada Rule of Civil Procedure 56(c)(1): [LIST OF DEPOSITIONS, DOCUMENTS, AFFIDAVITS, DECLARATIONS, ADMISSIONS, OR INTERROGATORY ANSWERS ATTACHED OR CITED].

[IF APPLICABLE: The attached affidavit or declaration of AFFIANT OR DECLARANT NAME is made on personal knowledge, sets out facts admissible in evidence, and shows the affiant or declarant is competent to testify to the matters stated, under Nevada Rule of Civil Procedure 56(c)(4).]

IV. MEMORANDUM OF POINTS AND AUTHORITIES

Movant is entitled to judgment as a matter of law on the undisputed facts above for the following reasons: [LEGAL ARGUMENT AND AUTHORITY].

V. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that the Court enter [IF APPLICABLE: partial] summary judgment in Movant's favor [IF APPLICABLE: as to the claim, defense, or part described above], and grant such other relief as the Court deems just.

DATED this [DAY] day of [MONTH], [YEAR].

[SIGNATURE] [NAME OF ATTORNEY OR PARTY] [ADDRESS] [CITY, NEVADA ZIP] [PHONE] [EMAIL] [NEVADA BAR NUMBER, IF AN ATTORNEY]

NOTICE OF HEARING

[IF A HEARING IS SET: PLEASE TAKE NOTICE that the foregoing Motion for Summary Judgment will be heard before the Court on HEARING DATE, at HEARING TIME, in DEPARTMENT OR COURTROOM.]

[IF FILED IN CLARK COUNTY AND NO HEARING IS REQUESTED: Movant has designated this motion 'Hearing Not Requested' under Eighth Judicial District Court Rule 2.20(b).]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a true and correct copy of this Motion for Summary Judgment [IF APPLICABLE: and Notice of Hearing] was served on [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE]. [IF FILED IN CLARK COUNTY (EIGHTH JUDICIAL DISTRICT): Under Eighth Judicial District Court Rule 2.20(e), any opposition to this motion is due 14 calendar days after that date of service, plus 3 additional calendar days if served by mail, and any reply is due 7 calendar days before the hearing, if one is set, or 7 calendar days after service of the opposition if no hearing was requested (EDCR 2.20(g)).]

[SIGNATURE] [NAME]

Nevada Requirements for Motion for Summary Judgment

14-Calendar-Day Opposition Deadline Under Clark County EDCR 2.20(e)
In Clark County, the opposing party must serve and file a written opposition or notice of nonopposition within 14 calendar days after service of the motion, plus 3 more calendar days if the motion was served by mail (EDCR 2.20(e)); this is a local rule, not a statewide NRCP provision.
7-Calendar-Day Reply Deadline
A reply, if any, is due 7 calendar days before the hearing if one was requested or set, or 7 calendar days after service of the opposition if no hearing was requested (EDCR 2.20(g)).
21-Calendar-Day Statewide Hearing Notice Default
Nevada's general motion rule sets a 21 calendar day default for notice of a hearing if one is set, unless the rules or local rules provide otherwise (NRCP 6(c)(1)).
Hearing Not Required; Clark County 'Hearing Not Requested' Option
NRCP 56 does not require a hearing on a motion for summary judgment. In Clark County, the movant may designate 'Hearing Not Requested,' and the judge may consider the motion on the papers, with or without oral argument (EDCR 2.20(b), 2.23(c)).
Filing Cutoff: 30 Days After Close of Discovery
A party may file a motion for summary judgment at any time until 30 days after the close of all discovery, unless a different time is set by local rule or the court orders otherwise (NRCP 56(b)).
No Separate Statement of Undisputed Facts Required
Nevada does not require a standalone separate statement of undisputed material facts. The movant instead cites particular record materials directly within the motion (NRCP 56(c)(1)).
30-Page Limit on Motion, Opposition, or Reply
In Clark County, motion, opposition, or reply papers are limited to 30 pages excluding exhibits, unless the court orders otherwise (EDCR 2.20(a)).
Partial Summary Judgment Built Into NRCP 56(a)
NRCP 56(a) lets a party move for summary judgment on an entire claim or defense, or only part of one, using the same rule rather than a separate procedure or motion type.
Failure to Oppose May Be Construed as an Admission
In Clark County, EDCR 2.20(e) provides that failing to serve and file a written opposition may be construed as an admission that the motion is meritorious and a consent to granting it.

Find out where you stand in Nevada

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Summary Judgment Template with DocDraft

Nevada Requirements for Motion for Summary Judgment

14-Calendar-Day Opposition Deadline Under Clark County EDCR 2.20(e)

7-Calendar-Day Reply Deadline

21-Calendar-Day Statewide Hearing Notice Default

Hearing Not Required; Clark County 'Hearing Not Requested' Option

Filing Cutoff: 30 Days After Close of Discovery

No Separate Statement of Undisputed Facts Required

30-Page Limit on Motion, Opposition, or Reply

Partial Summary Judgment Built Into NRCP 56(a)

Failure to Oppose May Be Construed as an Admission

Frequently Asked Questions