Part 14 (1/2)

”6. What is the first step?

”7. What if you cannot serve?

”After the six months' residence period is completed, the first step is to prepare, verify and file the complaint. This complaint is a clear statement of the plaintiff's cause or causes of action. At the time of filing this complaint the summons is issued and handed to the attorney for the plaintiff. Where the defendant is not willing to file an answer or demurrer, and thus submit to the jurisdiction of the court, an ”Affidavit for Publication” is sworn to by the plaintiff, and an ”Order for Publication” is prepared for the signature of the judge, and being signed by him, is filed with the Clerk of the Court.

After publication is ordered service may be made by publication once a week for six weeks in a Reno paper and by mailing a copy of the complaint attached to a copy of the summons to the defendant at his or her last known residence.

”After publis.h.i.+ng for six weeks, it is necessary to wait for a period of forty days during which time the defendant may answer. Service is complete only at the end of publication, and a defendant living outside of Nevada is ent.i.tled to the full period of forty days after service.

”Below is a facsimile of different forms of 'Service by Publication':

SUMMONS

No. 16447 Dept. No. 2.

IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE. L.M.M., plaintiff vs. A.M.M., defendant.

The state of Nevada sends greeting to said defendant:

You are hereby summoned to appear within ten days after the service upon you of this summons if served in said county, or within twenty days if served out of said county but within said judicial district and in all other cases within forty days (exclusive of the day of service), and defend the above-ent.i.tled action. This action is brought to recover a judgment and decree of this court forever severing and dissolving the bonds of matrimony now and heretofore existing between the parties hereto upon the grounds of desertion, adultery and extreme cruelty as described in the complaint.

Dated this 15th day of December, A. D., 1920 E.H.BEEMER,

Clerk of the Second Judicial District Court of the State of Nevada, in and for the County of Washoe.

By G. R. ELLITHORPE, Leroy F. Pike, Deputy.

Attorney for Plaintiff.

SUMMONS IN THE SECOND JUDICIAL DISTRICT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE. I.M.G., plaintiff, vs. S.L.G., defendant.

The State of Nevada sends greeting to said defendant:

You are hereby summoned to appear within ten days after the service upon you of this summons if served in said county, or within twenty days if served out of said county but within said judicial district and in all other cases within forty days (exclusive of the day of service), and defend the above-ent.i.tled action. This action is brought to recover and decree dissolving the bonds of matrimony existing between you and said plaintiff, upon the ground that you wilfully failed, neglected and refused to provide for said plaintiff the common necessaries of life for a period of more than two years next preceding the commencement of this action, although having the ability so to do; awarding to said plaintiff the care, custody and control of the two minor children, the issue of the marriage between you and said plaintiff, to wit: G.L.G. and R.O.G.; and for general relief, as alleged and described in the complaint of said plaintiff now on file in said action in the office of the Clerk of the above named court, and to which said complaint reference is thereby made and said complaint made a part hereof.

Dated this 8th day of January, A. D., 1921.

E. H. BEEMER,

Clerk of the Second Judicial District Court of the State of Nevada, in and for the County of Washoe.

A. A. SMITH, Attorney for Plaintiff,

312 Clay Peters Bldg., Reno, Nevada. Jl5-22-29;F5-l2-l9-2e

”8. What if you can serve?

”Six weeks of time may be saved if the defendant can be served with complaint and summons. This personal service outside the state of Nevada is equivalent to completed service by publication, and the defendant has forty days in which to answer.

”9. What if the defendant does not fight?

”In cases where the defendant is willing that a decree should be granted, much time and some expense may be saved by defendant signing and filing a short formal answer, admitting plaintiff's allegations of residence, marriage, children, etc., but denying the causes of action.