2026 Nevada Revised StatutesChapter 41 – Actions And Proceedings In Particular Cases Concerning PersonsNRS 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.

Statutory 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.

(Added to NRS by 1965, 1413; A 1975, 209, 421; 1977, 275; 1979, 628; 1987, 95; 1989, 695; 1991, 142; 1993, 148, 824, 1501, 2489, 2491, 2492; 1995, 583, 639; 1997, 473; 2003, 329)

NV Rev Stat § 41.031 – Last Verified February 2026

Plain English Explanation

In most situations, governments are protected from lawsuits by a legal concept called sovereign immunity. This basically means that you cannot sue a government unless it gives you permission to do so. Nevada Revised Statute 41.031 is the law that gives Nevadans that permission.

Nevada has agreed to give up that protection in most civil cases. That means if the state or one of its agencies causes you harm, you can take them to court and the same basic legal rules that apply to lawsuits against regular people or companies will also apply to the state. Local governments and other political subdivisions of Nevada, like counties and cities, are included in this waiver as well.

However, this permission to sue is not unlimited. There are specific other statutes listed in Nevada law that create exceptions, and if any of those apply to your situation, the state may still be protected. You also have to follow certain procedural rules when filing your claim or you could lose your right to sue altogether.

If you want to sue the state of Nevada specifically, the lawsuit has to be filed in the name of the State of Nevada and must identify the specific agency, board, commission, or department whose actions caused the problem. You can only file that kind of lawsuit in the county where the events occurred or in Carson City. When you file, you are required to serve the summons and a copy of the complaint on both the Nevada Attorney General’s office in Carson City and the head of the agency you are suing. Missing either of those steps can cause serious problems for your case.

One important limitation is tucked into the third part of this law. Even though Nevada waives its own immunity, it does not waive the immunity given to states by the Eleventh Amendment of the United States Constitution. That amendment protects states from being sued in federal court by citizens. So while you may be able to sue Nevada in state court, this law does not open the door to federal court claims based on that same constitutional protection.

Frequently Asked Questions About NRS 41.031

Can I sue the State of Nevada?

Yes, in most cases you can. Nevada has officially waived its sovereign immunity through NRS 41.031, which means the state has given up its usual legal protection from lawsuits. You can take the state to court under the same general rules that apply to lawsuits against private individuals or businesses. However, there are exceptions written into other parts of Nevada law, and you must follow specific filing and notice requirements or you may lose your right to sue.

Where do I file a lawsuit against the State of Nevada?

You must file your lawsuit either in the county where the incident or harm occurred or in Carson City. You cannot file it in just any Nevada county. If your claim involves a specific state agency, the lawsuit must be filed under the name of the State of Nevada and must identify that particular agency by name.

Who do I have to notify when suing the State of Nevada?

When filing suit against the state, you are required to serve the summons and a copy of your complaint to two separate parties. The first is the Nevada Attorney General or someone the Attorney General has designated at the Carson City office. The second is the top administrative official of the specific state agency being sued. Failing to properly serve both parties can seriously hurt your case.

Can I sue Nevada in federal court using this law?

No. While NRS 41.031 allows you to sue the state in Nevada state court, it does not remove the protection that the Eleventh Amendment of the United States Constitution gives to states. That amendment generally shields states from being sued in federal court by private citizens, and Nevada has made clear in this statute that it is not giving up that federal protection.

Does NRS 41.031 apply to cities and counties too?

Yes. The law extends beyond just the state government itself. Cities, counties, and other political subdivisions of Nevada are also covered by this waiver, meaning you can sue local government entities under the same general framework. The same exceptions and procedural rules still apply, so you would need to follow the correct steps for those claims as well.