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How to Respond to a Lawsuit in Nevada: Answer a Summons (2026)

Reviewed by DocDraft Legal Team. Nevada. Last updated 2026-06-02

In Nevada, a defendant served with a civil summons and complaint has 21 calendar days to file a written answer under Nevada Rule of Civil Procedure 12(a)(1)(A). The window works differently in other tracks. A summary eviction is the short track: under NRS 40.254(1)(c)(1) the tenant must contest the notice by filing an affidavit with the court before the court's close of business on the fifth judicial day after the notice is served, and judicial days exclude weekends and legal holidays. Small claims is different again. Under Justice Court Rule of Civil Procedure 96 no formal written answer is permitted, so the defendant files no paper answer and instead must appear for trial on the date stated in the served Affidavit of Complaint and Order; failing to appear lets the court enter judgment for the plaintiff. A response to a divorce or dissolution case is also due within 21 days under NRCP 12(a)(1)(A), because a Nevada divorce is a civil action with no separate, shorter family-law answer rule. If you miss a deadline where a response is required, the clerk must enter your default under NRCP 55(a) and the court can enter a default judgment against you, which you can later move to set aside within a reasonable time, in no case more than 6 months, under NRCP 60(c)(1).

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How long do I have to respond to a lawsuit in Nevada?

It depends on the track. For a general civil complaint, Nevada Rule of Civil Procedure 12(a)(1)(A) gives you 21 calendar days after you are served to file a written answer. A summary eviction is faster: you must file a contesting affidavit before the court's close of business on the fifth judicial day after the notice is served under NRS 40.254. Small claims permits no written answer; you appear for trial on the date in your served order.

How do I respond to a civil summons in Nevada?

You respond by filing a written answer with the clerk of the court named in the summons, either online through eFileNV, in person, or by mail under NRCP 5(d). You then serve a copy on the plaintiff or the plaintiff's attorney by mail or e-service within 3 days and file a Certificate of Service under NRCP 5(b). The answer admits or denies each numbered allegation and states your defenses.

What happens if I don't answer a summons in Nevada?

If you do not respond by your deadline, the clerk must enter your default under NRCP 55(a) once the failure is shown, and the court can enter a default judgment granting what the complaint requests. In small claims and summary eviction, the trigger is missing the trial or affidavit date in your served papers. You may later move to set the default aside within a reasonable time, no more than 6 months, under NRCP 60(c)(1).

How do I answer a summons without an attorney in Nevada?

Self-represented defendants can file an answer themselves. You can use the Civil Law Self-Help Center's Generic Answer form, an Answer for a consumer debt or loan case, or type your own pleading with the caption required by NRCP 10(a). Respond to each numbered allegation, list your defenses, file with the clerk through eFileNV or in person, serve the plaintiff, and pay the filing fee or request a fee waiver.

Nevada response framework at a glance

Nevada's response rules turn first on which track your case is in. A general civil complaint is governed by Nevada Rule of Civil Procedure 12(a)(1)(A), which directs the defendant to serve a written answer within 21 calendar days after being served with the summons and complaint. Because 21 days is longer than the 7-day short-period threshold, the count is in calendar days, with no weekend or holiday exclusion. The State of Nevada and its political subdivisions get 45 days under NRCP 12(a)(3), but the 21-day count is the private-party default that most defendants are working against. A summary eviction is the fast track. Under NRS 40.254(1)(c)(1), a tenant contesting a no-cause or lease-violation eviction must file an affidavit with the court before the court's close of business on the fifth judicial day after the eviction notice is served. Judicial days exclude weekends and legal holidays, so this is a court-day count, not a calendar count, and it is triggered by service of the notice rather than a summons. Small claims is its own track. Under Justice Court Rule of Civil Procedure 96 no formal pleading other than the claim and notice is necessary, so a small claims defendant files no written answer at all. Instead, the served Affidavit of Complaint and Order directs the defendant to appear for trial on the date the court sets, and the order warns that if the defendant does not appear, judgment will be given for the plaintiff. The trial date is set by the court not more than 90 days out under JCRCP 92, and the order is served at least 10 days before the appearance date under JCRCP 91. A response to a divorce or dissolution is due within 21 days under NRCP 12(a)(1)(A), the same civil answer time, because Nevada has no separate, shorter family-law answer rule. Answers are filed with the clerk of the court named in the summons, online through eFileNV, in person, or by mail under NRCP 5(d), and served on the plaintiff under NRCP 5(b). The Civil Law Self-Help Center is the official court-partnered source for the Generic Answer form, the consumer-debt answer, and the fee-waiver application that self-represented defendants need.

Court Resources

Civil Law Self-Help Center. Justice Courts and case lookup

Court-partnered self-help page explaining the Nevada Justice Court and District Court civil tracks, the small-claims dollar limit, and the $15,000 threshold that decides where a defendant files an answer.

Generic Answer form (District Court)

The official self-help Generic Answer form a self-represented defendant can use to respond to a civil complaint in District Court, available as a fillable PDF from the Civil Law Self-Help Center.

Application to Proceed in Forma Pauperis (Fee Waiver Application)

The official application a defendant can file instead of paying the answer filing fee, based on inability to pay, with the court deciding eligibility from the income and benefits you report.

Relevant Laws

Nevada Rule of Civil Procedure 12(a)(1)(A) (21-Day Answer to a Civil Complaint)

Provides that a defendant must serve an answer within 21 days after being served with the summons and complaint. This is the standard general civil answer deadline in Nevada and applies to a divorce or dissolution answer as well. The State of Nevada and its political subdivisions get 45 days under NRCP 12(a)(3).

NRS 40.254(1)(c)(1) (Summary Eviction Contesting Affidavit)

Requires a tenant who wants to contest a summary eviction to file an affidavit with the court before the court's close of business on the fifth judicial day after the day the notice is served. Judicial days exclude weekends and legal holidays, so this is a short court-day track triggered by the notice, not the 21-day civil answer track.

Justice Court Rule of Civil Procedure 96 (No Formal Pleading in Small Claims)

Provides that no formal pleading other than the claim and notice is necessary in a small claims action, so a small claims defendant files no written answer. Under the JCRCP 89 Affidavit of Complaint and Order, the defendant is ordered to appear for trial on the date the court sets, and is warned that judgment will be given for the plaintiff if the defendant does not appear.

NRCP 55(a) and 60(c)(1) (Default and Setting It Aside)

Provides that when a party fails to plead or otherwise defend and that failure is shown, the clerk must enter the party's default under NRCP 55(a), opening the door to a default judgment. A defendant can move to set the default aside within a reasonable time, in no case more than 6 months, under NRCP 60(c)(1).

NRCP 60(b)(1) (Grounds to Set Aside a Default)

Allows a court to relieve a party from a default or default judgment taken through mistake, inadvertence, surprise, or excusable neglect. This is the standard a defendant must meet on a Motion to Set Aside Default, on a motion made within the NRCP 60(c)(1) time limit.

NRCP 13(a) (Compulsory Counterclaim)

Requires a defendant to state as a counterclaim any claim that arises out of the same transaction or occurrence as the plaintiff's claim, or lose the right to assert it later. Unrelated claims against the plaintiff are permissive and may also be raised in the answer.

NRS 11.190(1)(b) (Six-Year Limit on Written-Contract Debt)

Sets a six-year statute of limitations on an action upon a contract, obligation, or liability founded on a written instrument. In a debt collection answer, a claim filed after this period has run is a statute-of-limitations defense the defendant should plead.

Regional Variances

Answer deadline by case track in Nevada

General civil complaint (NRCP 12(a)(1)(A))

21 calendar days after you are served with the summons and complaint to file a written answer. This is the default civil deadline and the one most defendants are working against. The State of Nevada and its political subdivisions instead get 45 days under NRCP 12(a)(3).

Summary eviction (NRS 40.254(1)(c)(1))

File a contesting affidavit with the court before the court's close of business on the fifth judicial day after the eviction notice is served. Judicial days exclude weekends and legal holidays, and the clock starts at service of the notice, not a summons. This is much shorter than the 21-day civil window, so tenants must move fast.

Small claims (JCRCP 96)

No written answer is permitted. The defendant files no responsive pleading and instead must appear for trial on the date stated in the served Affidavit of Complaint and Order. If the defendant does not appear, the court enters judgment for the plaintiff.

Divorce / dissolution answer (NRCP 12(a)(1)(A))

21 calendar days after service of the complaint for divorce or dissolution to file a written answer, the same civil answer time, because Nevada has no separate family-law answer rule. Missing it can let the case proceed by default on property, support, and custody.

Which Nevada court hears your case, by amount

Small Claims Division, Justice Court

Hears claims up to the small-claims dollar cap of $10,000. The defendant files no written answer and appears for trial on the date in the served Affidavit of Complaint and Order.

Justice Court (Limited Civil)

Handles civil cases up to $15,000, where most debt-collection cases land. A written answer is required, and the answer filing fee is $71 unless the court grants a fee waiver.

District Court (Unlimited Civil)

Handles civil cases over $15,000 and divorce or dissolution. A written answer is due within 21 days under NRCP 12(a)(1)(A), and the answer filing fee is $223 unless the court grants a fee waiver.

Suggested Compliance Checklist

Calculate your response deadline from the date you were served

Day 0 (date of service) days after starting

Find the deadline that matches your track. A general civil complaint is due in 21 calendar days under NRCP 12(a)(1)(A). A summary eviction contesting affidavit is due before the court's close of business on the fifth judicial day after the notice is served under NRS 40.254(1)(c)(1), counting court days and excluding weekends and legal holidays. A divorce or dissolution answer is also due in 21 days under NRCP 12(a)(1)(A). Small claims permits no written answer; you appear for trial on the date in the served Affidavit of Complaint and Order. Mark the exact due date on a calendar.

Identify your case track and the correct court

Within 2 days of service days after starting

Read the caption on your papers to confirm whether the case is small claims (up to $10,000), Justice Court limited civil (up to $15,000, where most debt collection lands), District Court unlimited civil (over $15,000), summary eviction, or divorce. The track decides your deadline, the court, and the filing fee. Confirm the court named in the summons, because that is where your answer must be filed.

Identify your defenses and any counterclaims

Before drafting the answer days after starting

List the affirmative defenses that fit your facts, such as the statute of limitations, payment, accord and satisfaction, release, fraud, duress, estoppel, or waiver. In debt cases, check the six-year written-contract limitations period under NRS 11.190(1)(b). If you have a claim against the plaintiff from the same transaction or occurrence, you must state it as a compulsory counterclaim under NRCP 13(a) or lose it.

Draft the answer in the correct caption and format

Before the answer deadline days after starting

Respond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses and any counterclaim. You can use the Civil Law Self-Help Center's Generic Answer form, or the Answer for a consumer debt or loan case, or type the answer on a pleading with the court, parties, and case number in the caption required by NRCP 10(a).

Document: answer-to-complaint

File the answer with the clerk of the correct court

On or before the answer deadline days after starting

File with the clerk of the court named in the summons, online through eFileNV, in person, or by mail under NRCP 5(d). The answer filing fee is $223 in District Court and $71 in Justice Court. In a summary eviction, file the contesting affidavit by the fifth judicial day; in small claims, there is no paper answer and you appear on the trial date instead.

Serve the plaintiff and file a Certificate of Service

Within 3 days of filing days after starting

Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by regular mail or e-service within 3 days of filing under NRCP 5(b), then file a Certificate of Service with the court. An answer that is filed but not served on the other side, or served without a certificate on file, can be challenged.

Request a fee waiver if you cannot afford the filing fee

At the time of filing days after starting

If you cannot afford the filing fee, file the Application to Proceed in Forma Pauperis, also called the Fee Waiver Application, with your answer. Submitting the application lets you file on time without paying the $71 Justice Court or $223 District Court fee while the court decides eligibility from the income and benefits you report.

Appear at the trial, hearing, or eviction date

As set by the court days after starting

Calendar every date your papers set, including the small claims trial date in the Affidavit of Complaint and Order, any summary eviction hearing, and any later civil hearing. Bring your evidence and a copy of any filed answer. Attorney review is available as an option before you file if your case involves a short summary-eviction deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.

Frequently Asked Questions

An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough information to admit or deny, and then lists your affirmative defenses. You can use the Civil Law Self-Help Center's Generic Answer form, or the Answer for a consumer debt or loan case, or type the answer on a pleading with the court, parties, and case number in the caption required by NRCP 10(a). File it within your deadline and serve the plaintiff.

Once you miss the answer deadline and the failure is shown, the clerk must enter your default under NRCP 55(a), and the court can enter a default judgment for what the complaint requests. You can file a Motion to Set Aside Default under NRCP 60(c)(1) within a reasonable time, in no case more than 6 months, by showing mistake, inadvertence, surprise, or excusable neglect under NRCP 60(b)(1). Act quickly, because the six-month outer limit is strict and the judgment is enforceable until it is set aside.

Often yes. Parties commonly agree in writing to extend the response deadline, and you can file a motion asking the court for more time before your deadline passes. Get any extension in writing or on the record, because the clock keeps running until the plaintiff agrees, the court grants more time, or you file your response. In small claims and summary eviction, the trial or affidavit date in your served papers controls until the court changes it.

You can ask the court to waive your filing fee. Nevada's request is the Application to Proceed in Forma Pauperis, also called the Fee Waiver Application, and eligibility is based on your inability to pay the fee. If the court grants it, you can file your answer without paying the $223 District Court fee or the $71 Justice Court fee that would otherwise apply.

Yes. Insufficient service of process is a recognized defense in Nevada, and you can raise lack of personal jurisdiction or defective service by motion or in your answer under NRCP 12(b). If service was defective, the time to respond may not have started to run. Raise a service problem promptly rather than ignoring the case, because ignoring it still risks a default judgment.

Common affirmative defenses include the statute of limitations, payment, accord and satisfaction, release, fraud, duress, estoppel, waiver, and discharge in bankruptcy. Under NRCP 13(a), a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and must be stated in your answer or it is lost. Plead the defenses and any counterclaim that fit your facts in the answer.

Respond like any civil case: file a timely answer that admits or denies each allegation and raises your defenses. In debt cases, check the six-year statute of limitations for a written contract under NRS 11.190(1)(b) and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692g. Do not ignore the summons, because silence leads to a default judgment for the full amount claimed.

A defendant served with a complaint for divorce or dissolution has 21 calendar days to file a written answer under NRCP 12(a)(1)(A), the same civil answer time, because Nevada has no separate family-law answer rule. You file your answer with the clerk of the District Court, online through eFileNV or in person. Missing the 21-day window can let the case proceed by default and let the court decide property, support, and custody without your input.

Nevada allows a motion to dismiss under NRCP 12(b), which argues that the complaint fails to state a claim or that the court lacks jurisdiction. Because NRCP 12(a)(1)(A) gives a defendant 21 days to respond, a motion to dismiss is filed within that same response window and is set for the court to decide. If the court denies it, you then file your answer within the time the rule allows.

Other Nevada guides

How to File a Small Claims Lawsuit in Nevada (2026)

How to Dispute a Bill in Nevada (2026)

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Asset Protection Planning in Nevada (2026)

Setting Up a Business Partnership in Nevada (2026)

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