McGowen v. Second Judicial Dist. Court of Nev.

NRCP 4(c) directs that, "Process shall be served by the sheriff of the county where the defendant is found, or by a deputy, or by any person who is not a party and who is over 18 years of age." (emphasis added). The question presented is what is meant by "party": Does Rule 4(c) 's prohibition against a "party" serving process only apply to the named party plaintiff, or does it extend to a party's representative, here, the lawyer who filed the complaint on the plaintiff's behalf?

Courts elsewhere have divided on this question. See 72 C.J.S. Process § 51 (2018) ; compare, e.g., In re Wills, 126…