Nevada Code § 40.110

Court to hear case; must not enter judgment by default; effect of final judgment
Open in Lexace · Ask the AI about this section
1. When the summons has been served as
provided in NRS 40.100 and the time for
answering has expired, the court shall proceed to hear the case as in other
cases and shall have jurisdiction to examine into and determine the legality of
plaintiffs title and of the title and claim of all the defendants and of all
unknown persons, and to that end must not enter any judgment by default, but
must in all cases require evidence of plaintiffs title and possession and
receive such legal evidence as may be offered respecting the claims and title
of any of the defendants and must thereafter direct judgment to be entered in
accordance with the evidence and the law. The court, before proceeding to hear
the case, must require proof to be made that the summons has been served and
posted as hereinbefore directed and that the required notice of pendency of
action has been filed.
2. The judgment after it has become final
shall be conclusive against all the persons named in the summons and complaint
who have been served personally, or by publication, and against all unknown
persons as stated in the complaint and summons who have been served by
publication, but shall not be conclusive against the State of Nevada or the
United States. The judgment shall have the effect of a judgment in rem except
as against the State of Nevada and the United States; and the judgment shall
not bind or be conclusive against any person claiming any recorded estate,
title, right, possession or lien in or to the property under the plaintiff or
the plaintiffs predecessors in interest, which claim, lien, estate, title,
right or possession has arisen or been created by the plaintiff or the
plaintiffs predecessor in interest within 10 years prior to the filing of the
complaint.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.