Nevada Revised Statutes 128.070 – Service of notice of hearing by publication: Requirements; exception
1. Except as otherwise provided in subsection 6, when either parent of a minor child or the child’s legal custodian or guardian cannot, after due diligence, be found or conceals himself or herself to avoid the service of the notice of hearing, and the fact appears, by affidavit, to the satisfaction of the court thereof, and it appears, either by affidavit or by a verified petition on file, that the named parent or custodian or guardian is a necessary or proper party to the proceedings, the court may grant an order that the service be made by the publication of the notice of hearing. When the affidavit is based on the fact that the present address of the parent or custodian or guardian is unknown, it is a sufficient showing of that fact if the affiant states generally in the affidavit that:
Terms Used In Nevada Revised Statutes 128.070
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(a) At a previous time the person resided in a certain place (naming the place and stating the latest date known to the affiant when the person so resided there);
(b) That place is the last place in which the person resided to the knowledge of the affiant;
(c) The person no longer resides at that place; and
(d) The affiant does not know the present place of residence of the person or where the person can be found. In such case, the affidavit shall be deemed to be a sufficient showing of due diligence to find either parent or the custodian or guardian.
2. The order must direct the publication to be made in a newspaper, to be designated by the court, for a period of 4 weeks, and at least once a week during that time. When publication is ordered, personal service of a copy of the notice of hearing and petition is equivalent to completed service by publication, and the person so served has 20 days after the service to appear and answer or otherwise plead. The service of the notice of hearing shall be deemed complete in cases of publication at the expiration of 4 weeks from the first publication.
3. Before a notice of hearing is published pursuant to subsection 2, the clerk of the court shall ensure that the name of the minor child is replaced with the initials of the minor child in every instance where the name of the minor child appears in the notice of hearing.
4. Whenever personal service cannot be made, the court may require, before ordering service by publication, such further and additional search to determine the whereabouts of the person to be served as may be warranted by the facts stated in the affidavit of the petitioner to the end that actual notice be given whenever possible.
5. If one or both of the parents of the minor is unknown, or if the name of either or both of the parents of the minor is uncertain, then those facts must be set forth in the affidavit and the court shall order the notice to be directed and addressed to either parent of the person, and to all persons claiming to be the parent of the person. The notice, after the caption, must be addressed substantially as follows: ‘To the parents of the above-named person, and to all persons claiming to be the parent of that person.’
6. A parent who delivered a child to a provider of emergency services pursuant to NRS 432B.630 shall be deemed to have waived any right to notice pursuant to this section.