Nevada § 14.040 - Service by publication on unknown heirs; plaintiff to file affidavit before entry of judgment

§ 14.040. Service by publication on unknown heirs; plaintiff to file affidavit before entry of judgment

1. When it appears to the satisfaction of the court or the judge thereof from the

verified complaint or from an affidavit in behalf of the plaintiff or plaintiffs in

any action that any heir or heirs of a deceased person is or are necessary or proper

party or parties defendant, that a cause of action in favor of the plaintiff or plaintiffs

exists against such heir or heirs, and that due diligence to ascertain the name or

names and the place or places of residence of such heir or heirs has been unsuccessfully

exercised by or in behalf of the plaintiff or plaintiffs, the court or judge may grant

an order for the service of the summons in such action on such unknown heir or heirs

by publication in like manner and for the period of time prescribed by the Nevada

Rules of Civil Procedure for the publication of summons in other actions. 2. Such service when made shall as to such unknown heir or heirs be sufficient to

confer on the court jurisdiction to hear and determine the issues in such action,

and the judgment of the court based on such service and duly made and entered in such

action shall bind each and every one of the heirs of such deceased person whose name

or names and place or places of residence were so, as aforesaid, unknown to the plaintiff

or plaintiffs with like effect as if the name or names of such heir or heirs had been

inserted in the complaint and published summons, regardless of whether such heir or

heirs shall subsequently appear to have been residents or nonresidents of this state

at the time of such publication. 3. Before final judgment in favor of the plaintiff or plaintiffs and against any such

unknown heir or heirs shall be entered in any such action, every such plaintiff shall

make and file with the clerk of the court in which the action is pending an affidavit

showing that since the commencement of the action the plaintiff has neither learned

the name or names of any such heir or heirs nor received any information indicating

a line of search or inquiry which if properly pursued might lead to the discovery

of such name or names and that the same still remains or remain unknown to such plaintiff;

or, if the plaintiff has received such information, such affidavit shall so state

and show that diligent search and inquiry along the lines indicated had been made

by or in behalf of such plaintiff and resulted in failure to learn such name or names

and that the same are still unknown to such plaintiff.