# Nev. Rev. Stat. § 41.031: Waiver applies to State and its political subdivisions; naming State as defendant; service of process; State does not waive immunity conferred by Eleventh Amendment

> Nevada · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.031

## Section

- **Citation:** Nev. Rev. Stat. § 41.031
- **Heading:** Waiver applies to State and its political subdivisions; naming State as defendant; service of process; State does not waive immunity conferred by Eleventh Amendment
- **Jurisdiction:** Nevada
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** NV Code / Title 3 / Chapter 41 / Section 41.031

## Text

1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038 , inclusive, 485.318, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.010 or the limitations of NRS 41.032 to 41.036 , inclusive. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the State, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036 , inclusive.

2. An action may be brought under this section against the State of Nevada or any political subdivision of the State. In any action against the State of Nevada, the action must be brought in the name of the State of Nevada on relation of the particular department, commission, board or other agency of the State whose actions are the basis for the suit. An action against the State of Nevada must be filed in the county where the cause or some part thereof arose or in Carson City. In an action against the State of Nevada, the summons and a copy of the complaint must be served upon: (a) The Attorney General, or a person designated by the Attorney General, at the Office of the Attorney General in Carson City; and (b) The person serving in the office of administrative head of the named agency.

3. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States .

## Nearby sections

- [Nev. Rev. Stat. § 41.010 Commencement of action; service of summons upon State Controller](https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.010.md)
- [Nev. Rev. Stat. § 41.020 Attorney General to defend; appeals](https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.020.md)
- [Nev. Rev. Stat. § 41.030 State Controller to draw warrant upon final judgment](https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.030.md)
- [Nev. Rev. Stat. § 41.031 Waiver applies to State and its political subdivisions; naming State as defendant; service of process; State does not waive immunity conferred by Eleventh Amendment](https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.031.md)
- [Nev. Rev. Stat. § 41.032 Acts or omissions of officers, employees and immune contractors](https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.032.md)
- [Nev. Rev. Stat. § 41.033 Failure to inspect or discover hazards, deficiencies or other matters; inspection does not create warranty or assurance concerning hazards, deficiencies or other matters](https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.033.md)
- [Nev. Rev. Stat. § 41.035 Limitation on award for damages in tort actions](https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.035.md)
- [Nev. Rev. Stat. § 41.036 Filing tort claim against State with Attorney General; filing tort claim against political subdivision with governing body; review and investigation by Attorney General of tort claim against State; regulations by State Board of Examiners](https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.036.md)
- [Nev. Rev. Stat. § 41.037 Administrative settlement of claims or actions](https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.037.md)
- [Nev. Rev. Stat. § 41.038 Insurance of officers, employees and immune contractors of State or local government against liability](https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.038.md)
- [Nev. Rev. Stat. § 41.039 Filing of valid claim against political subdivision condition precedent to commencement of action against immune contractor, employee or officer](https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.039.md)
- [Nev. Rev. Stat. § 41.040 Appointment and bond of elisor](https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.040.md)
- [Nev. Rev. Stat. § 41.050 Execution of process by elisor](https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.050.md)
- [Nev. Rev. Stat. § 41.060 Arrest and confinement of sheriff in a civil action](https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.060.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NV_T3_C41_S41.031. Check the current official text before relying on it. Not legal advice.
