Nevada § 40.110 - Court to hear case; must not enter judgment by default; effect of final judgment

§ 40.110. Court to hear case; must not enter judgment by default; effect of final judgment

1. When the summons has been served as provided in NRS 40.100 and the time for answering has expired, the court shall proceed to hear the case

as in other cases and shall have jurisdiction to examine into and determine the legality

of plaintiff's title and of the title and claim of all the defendants and of all unknown

persons, and to that end must not enter any judgment by default, but must in all cases

require evidence of plaintiff's title and possession and receive such legal evidence

as may be offered respecting the claims and title of any of the defendants and must

thereafter direct judgment to be entered in accordance with the evidence and the law. The court, before proceeding to hear the case, must require proof to be made that

the summons has been served and posted as hereinbefore directed and that the required

notice of pendency of action has been filed. 2. The judgment after it has become final shall be conclusive against all the persons

named in the summons and complaint who have been served personally, or by publication,

and against all unknown persons as stated in the complaint and summons who have been

served by publication, but shall not be conclusive against the State of Nevada or

the United States. The judgment shall have the effect of a judgment in rem except as against the State

of Nevada and the United States; and the judgment shall not bind or be conclusive

against any person claiming any recorded estate, title, right, possession or lien

in or to the property under the plaintiff or the plaintiff’s predecessors in interest,

which claim, lien, estate, title, right or possession has arisen or been created by

the plaintiff or the plaintiff’s predecessor in interest within 10 years prior to

the filing of the complaint.