Nevada Supreme Court
Brent Robert Orme, Petitioner v. the Eighth Judicial District Court of the State of Nevada, in and for the County…
November 27, 1989105 Nev. 712
Summary
The court granted mandamus and directed the district court to accept personal jurisdiction over an out-of-state defendant who was served by leaving the summons and complaint with his wife at his usual place of abode. It held that the long-arm statute permits service outside Nevada by the same method authorized for serving a person of like kind within Nevada, including substituted service at the defendant's abode. The court reached the merits rather than treating the defendant's failure to answer the writ petition as a confession of error.
Holding
- Whether substituted service at an out-of-state defendant's usual place of abode is authorized by Nevada's long-arm statute.. Yes. When an out-of-state defendant is constitutionally amenable to suit in Nevada for alleged tortious conduct occurring in Nevada, service may be made in the same manner provided for serving a person of like kind within Nevada. Leaving the summons and complaint with a suitable person residing at the defendant's usual place of abode therefore constituted effective service.
Docket 20167
Cited authorities
- Fed. R. Civ. P. 4(d)(1)
Cited by
- Theodore Dobson v. Cecile Dobson
- Theodore Dobson v. Cecile Dobson — Steffen, J., Dissenting
- Jeffrey Kahn, Appellant v. Brent Robert Orme, Respondent
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