Frivolous Lawsuits in Nevada: What the Law Says

A frivolous lawsuit in Nevada can still cost months of time and thousands of dollars to defend. Nevada law gives judges tools to punish baseless claims and to protect people who are sued for speaking out. Here is what those laws say.

What Is a Frivolous Lawsuit in Nevada?

Courts generally call a lawsuit frivolous when it has no basis in law or fact, or when someone files it mainly to harass. Several Nevada statutes let a judge shift costs and attorney’s fees onto the side that brought, or dragged out, a baseless case.

Key Nevada Statutes on Frivolous Litigation

• NRS 7.085: if an attorney files, maintains or defends a case that is not well-grounded in fact or warranted by existing law (or by a good-faith argument for changing the law), or unreasonably and vexatiously drags a case out, the court must make the attorney personally pay the extra costs, expenses and attorney’s fees that conduct caused. Read NRS 7.085
• NRS 18.010(2)(b): a court may award attorney’s fees to the winning side when the other side’s claim or defense was brought or maintained without reasonable ground or to harass. The statute tells courts to read this rule liberally in favor of awarding fees. Read NRS 18.010
• NRS 41.660 and 41.670 (Nevada’s anti-SLAPP law): if a lawsuit is based on good-faith speech about an issue of public concern, the person sued can file a special motion to dismiss. If the court grants it, the court must award that person reasonable costs and attorney’s fees and may add up to $10,000. That person may also file a separate lawsuit for damages. If the court denies the motion and finds it frivolous or vexatious, the court must award the other side its costs and fees for responding. Read NRS 41.670

NRS 7.085 also states the Legislature’s intent: courts should award these fees, and use Rule 11 sanctions, “in all appropriate situations” to punish and deter frivolous claims and defenses.

What Is Defamation Per Se in Nevada?

Defamation is a false statement of fact that harms someone’s reputation. Some false statements are so damaging that Nevada courts presume the harm. That is called defamation per se. Examples include falsely saying someone committed a crime, or a false statement that injures someone in their trade, business or profession.

Common Defenses to Defamation Claims

• Truth: a statement that is true, or substantially true, is not defamation.
• Opinion: pure opinion is generally protected. An “opinion” that implies false facts may not be.
• Privilege: statements made in court filings and testimony are usually absolutely privileged. Some good-faith statements to people who share an interest in the subject have a qualified privilege, which can be lost through malice.
• Fair report: a fair and accurate report of an official proceeding, such as a court hearing, is generally protected.

How these rules apply depends on the exact words, who said them and where. A licensed Nevada attorney can tell you how they fit your situation.

Posting About Your Case? Read This First

Custody cases are stressful, and it can be tempting to post about the other side online. Before you post about a case, a judge or another person, keep these points in mind:

• Stick to facts you can prove, and make clear when you are sharing an opinion.
• Don’t post private information from a case. Under Nevada’s SB 432 (2025), willfully posting someone’s private identifying information without consent, when the law requires it to be kept private, can be a felony.
• Talk to your lawyer before posting about an open case. What you post can end up as evidence.

About Equal Rights for Divorced Fathers

Equal Rights for Divorced Fathers (ERDF) is a Las Vegas fathers’ rights advocacy group. According to ERDF, Ernest Del Casal founded it in 1994. ERDF shares news, resources and support for fathers in custody and divorce matters. It is not a law firm and does not give legal advice.

This article shares general information about Nevada law. It is not legal advice, and reading it does not create an attorney-client relationship. Laws change, so check the current statutes or talk to a licensed Nevada attorney about your situation. Last reviewed Nov. 6, 2026.