Nevada Revised Statutes

Nev. Rev. Stat. § 179.1171 (2026)

Proceedings for forfeiture: Rules of practice; complaint; service of summons and complaint; answer; parties

✓ current as of July 2026
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NRS 179.1171  Proceedings for forfeiture: Rules of practice; complaint; service of summons and complaint; answer; parties.

      1.  Except as otherwise provided in NRS 179.1156 to 179.1205, inclusive, the Nevada Rules of Civil Procedure are applicable to and constitute the rules of practice in a proceeding for forfeiture pursuant to those sections.

      2.  A proceeding for forfeiture is commenced by filing a complaint for forfeiture. If the property has been seized without process, the plaintiff shall file the complaint for forfeiture within 120 days after the property is seized. The property is subject to an action to claim its delivery only if the plaintiff does not file the complaint for forfeiture within 60 days after the property is seized. If the complaint for forfeiture is filed following the commencement of an action claiming delivery, the complaint must be treated as a counterclaim.

      3.  If a law enforcement agency seizes property, the property must not be forfeited unless:

      (a) The agency files a complaint for forfeiture in the district court for the county in which the property is located; or

      (b) A stipulated agreement between the parties regarding the property is reached.

      4.  A proceeding for forfeiture is in rem. The complaint for forfeiture must be filed in the district court for the county in which the property which is the subject of the proceeding is located.

      5.  The plaintiff shall cause service of the summons and complaint to be made upon each claimant whose identity is known to the plaintiff or who can be identified through the exercise of reasonable diligence. If real property or any interest in real property is affected by the proceeding, the plaintiff shall file notice of the proceeding in the manner provided in NRS 14.010.

      6.  Each claimant served with the summons and complaint who desires to contest the forfeiture shall, within 20 days after the service, serve and file a verified answer to the complaint. The claimant shall admit or deny the averments of the complaint and shall, in short and plain terms, describe the interest which the claimant asserts in the property. Concurrently with the answer, the claimant shall serve answers or objections to any written interrogatories served with the summons and complaint.

      7.  No person, other than the plaintiff and any claimant, is a proper party in the proceeding.

      (Added to NRS by 1987, 1381; A 2015, 2501)

     

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1990–2021 · leading case: City of Sparks, Police Dep't v. Nason, 807 P.2d 1389 (Nev. 1991).
City of Sparks, Police Dep't v. Nason, 807 P.2d 1389 (Nev. 1991). · cites it 2× “NRS 179.1171 defines forfeiture as a civil in rem proceeding which is subject to the Nevada Rules of Civil Procedure.”
Browning v. Dixon, 954 P.2d 741 (Nev. 1998). “” See also NRS 179.1171(4) (requiring plaintiffs to exercise reasonable diligence when locating property claimants in civil forfeiture actions).”
Sheriff v. A 1983 Datsun 280ZX Sedan Vin Jnihz 04S0DX562727, 794 P.2d 346 (Nev. 1990). “We note further that NRS 179.1171(6) identifies a claimant as a party to the action.”
Fergason Vs. Lv Metro Police Dept., 2015 NV 94 (Nev. 2015). · cites it 8× “The State nevertheless contends that Fergason lacks standing because he did not comply with NRS 179.1171, which provides that "[ti he claimant .”
In Re: 3587 Desatoya Dr., Carson City, Nev. 89701 (Nev. 2021). · cites it 4× “See NRS 179.1171(4) CA proceeding for forfeiture is in rem"); see also City of Sparks, Police Dep't v.”
Fergason Vs. Lv Metro Police Dept., 2015 NV 94 (Nev. 2015). · cites it 4× “The State nevertheless contends that Fergason lacks standing because he did not comply with NRS 179.1171, which provides that "[ti he claimant .”
— Nev. Rev. Stat. § 179.1171(4) — 2 cases
Browning v. Dixon, 954 P.2d 741 (Nev. 1998). “” See also NRS 179.1171(4) (requiring plaintiffs to exercise reasonable diligence when locating property claimants in civil forfeiture actions).”
In Re: 3587 Desatoya Dr., Carson City, Nev. 89701 (Nev. 2021). “See NRS 179.1171(4) CA proceeding for forfeiture is in rem"); see also City of Sparks, Police Dep't v.”
— Nev. Rev. Stat. § 179.1171(6) — 3 cases
Sheriff v. A 1983 Datsun 280ZX Sedan Vin Jnihz 04S0DX562727, 794 P.2d 346 (Nev. 1990). “We note further that NRS 179.1171(6) identifies a claimant as a party to the action.”
Fergason Vs. Lv Metro Police Dept., 2015 NV 94 (Nev. 2015). “The State nevertheless contends that Fergason lacks standing because he did not comply with NRS 179.1171, which provides that "[ti he claimant .”
Fergason Vs. Lv Metro Police Dept., 2015 NV 94 (Nev. 2015). “The State nevertheless contends that Fergason lacks standing because he did not comply with NRS 179.1171, which provides that "[ti he claimant .”
— Nev. Rev. Stat. § 179.1171(7) — 3 cases
In Re: 3587 Desatoya Dr., Carson City, Nev. 89701 (Nev. 2021). “See NRS 179.1171(4) CA proceeding for forfeiture is in rem"); see also City of Sparks, Police Dep't v.”
Fergason Vs. Lv Metro Police Dept., 2015 NV 94 (Nev. 2015). “The State nevertheless contends that Fergason lacks standing because he did not comply with NRS 179.1171, which provides that "[ti he claimant .”
Fergason Vs. Lv Metro Police Dept., 2015 NV 94 (Nev. 2015). “The State nevertheless contends that Fergason lacks standing because he did not comply with NRS 179.1171, which provides that "[ti he claimant .”
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