LVJCLRP 5.6

(a) Although no answer is required, any small claims counter-claim must be filed at least 5 days prior to the date set for trial.

(b) A defendant filing a small claims counterclaim must pay the filing fee in the amount set forth in NRS Chapter 4 for the answer or appearance of any party.

(c) A small claims counterclaim must be electronically filed. Every counterclaimant who electronically files a small claims counterclaim must maintain a current email address with the court through the electronic filing system and automatically consents to receive all notices and documents from the court through electronic service.

(d) Upon filing of the small claims counterclaim, the deputy clerk will endorse the small claims counterclaim with the same date, time, and place of the trial as the original complaint. The endorsed small claims counterclaim will be returned to the defendant via electronic service.

(e) Service of the small claims counterclaim must be completed by electronic service prior to the date of trial.

(f) If service of the endorsed small claims counterclaim is not completed before trial, the court may allow service in open court or may continue the trial to afford time to effectuate service, if requested.

(g) Any small claims counterclaim that alleges a cause of action not authorized for small claims cases pursuant to Rule 5.3 may be dismissed by the court without prejudice, or the court may reclassify the action as a civil action in the Las Vegas Justice Court.

(h) A small claims counterclaim that prays for damages in an amount above the jurisdictional limit for a small claims case will be treated as follows:

(1) If the amount claimed exceeds the jurisdictional limit for a civil action in the Las Vegas Justice Court, JCRCP 13 governs.

(2) If the amount claimed exceeds the jurisdictional limit for a small claims case but does not exceed the jurisdictional limit for a civil action in the Las Vegas Justice Court, the court may separate the claims and adjudicate those over which the small claims court has jurisdiction and require the other claims to be transferred and reclassified as a civil action. The new civil action will be heard in the same judicial department as the original small claims action. The court may require the parties to file pleadings complying with JCRCP 7-12, or the court may transfer and reclassify the entire case as a civil action.