It can be hard to file a civil lawsuit in Nevada, but knowing how the system works can help.
If you do things the right way, your case will go smoothly, whether you’re trying to get money for a contract dispute, a personal injury, or a problem with your property.
If you want to file a civil lawsuit in Nevada, here are the most important things you need to do.
We also talk about important things to do in court and rules for filing that you should know.
1. Find out if you have a case in court
Before you can file a civil lawsuit in Nevada, you need to make sure that you have a valid legal claim.
In a civil lawsuit, you have to prove that what someone else did hurt you in a way that the court can fix.
Some of these problems could be breaking a contract, being careless, or breaking someone else’s things.
2. Get in touch with a lawyer
You don’t have to hire a lawyer, but it would be smart to talk to one.
A lawyer who knows a lot about Nevada law can help you decide if your case is worth pursuing and explain the legal system to you.
Lawyers can also help you write legal documents and make sure you follow the rules for filing that are unique to your case.
3. Write and submit the complaint
Once you’ve made up your mind to go ahead, the next step is to write a complaint.
This legal document explains your claim and the help you need.
You need to file the complaint in the right court.
In Nevada, the first thing you need to do in court is file a complaint in either the district court or the justice court, depending on how much the claim is worth.
Remember that Nevada law says what information must be in the complaint, like the names of the people involved and the facts that support your case.
4. Pay the fee to file
To file a civil lawsuit in Nevada, you have to pay the court a fee.
The price of filing a case depends on the court and the type of case.
For example, cases that go to small claims court usually cost less than cases that go to district court.
Make sure to check the rules for your court because fees can be different from one court to the next.
5. Give the Defendant a Copy
The next step is to give the defendant a copy of the complaint and a summons after the complaint has been filed.
This step is very important because it tells the defendant that someone has sued them.
You can have a sheriff or a professional process server deliver these papers to you.
The defendant usually has twenty days to respond to the lawsuit.
6. The defendant’s response
After being served, the defendant can usually file a response, which is called an answer.
In their answer, the defendant can either agree with or disagree with what the complaint says.
They can also say what defenses they have.
If the defendant doesn’t respond by the time the court says they have to, the court may automatically rule in favor of the plaintiff.
7. The Discovery Process
During discovery, both sides share information with each other to get ready for court.
This could mean giving each other papers, taking depositions, and sending written questions called interrogatories.
Before the case goes to trial, the discovery process helps both sides learn about their strengths and weaknesses.
8. A deal or mediation
A lot of cases in Nevada go through mediation or settlement talks before they go to court.
This is a chance for both sides to settle things without going to court.
If a deal is made, the case may be dropped.
If not, the case will go to court.
9. The trial
If the case goes to court, both sides will show their evidence and arguments to a judge or jury.
After hearing both sides, the court will make a decision.
In some cases, the court may give the winning party damages or other help.
Questions and Answers
Where should I file my case?
In Nevada, the amount of your claim will decide which court you go to.
For small claims of less than $10,000, you go to the justice court.
You go to the district court if your claim is for more than $10,000.
How much does it cost to file a civil lawsuit in Nevada?
The court and the type of case will determine how much you have to pay to file.
Fees can be anywhere from $50 to several hundred dollars.
Check the website of the local court or talk to your lawyer to get the right information about fees.
What if the defendant doesn’t respond to my lawsuit?
If the defendant doesn’t answer your lawsuit in the time allowed, you might be able to ask for a default judgement, which means the court will rule in your favor.
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