Nevada Motion to Set Aside a Judgment

Introduction

Key Things to Know

1. 1

   Nevada's rule is NRCP 60(b): on motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding. Nevada's self-help form calls it a Motion to Set Aside Order, Judgment, or Default. The court decides whether a listed reason is shown.

2. 2

   The NRCP 60(b) reasons are: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief. Reasons (1) to (3) must be raised within a reasonable time and no more than 6 months after the proceeding or service of written notice of entry, whichever is later; reasons (4) to (6), within a reasonable time.

3. 3

   Under NRCP 60(c)(1), every Rule 60(b) motion must be made within a reasonable time, and for reasons (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b), and (3) fraud, misrepresentation, or misconduct by an opposing party, no more than 6 months after the date of the proceeding or the date of service of written notice of entry of the judgment or order, whichever date is later. The time cannot be extended under Rule 6(b). A void-judgment motion under (4) is held to the reasonable-time standard.

4. 4

   Filing does not by itself stop enforcement. NRCP 60(c)(2) says the motion does not affect the judgment's finality or suspend its operation. Under NRCP 62(b)(4), the court may stay execution, or any proceedings to enforce the judgment, pending a Rule 60 motion on appropriate terms for the opposing party's security, so ask for a stay in writing.

5. 5

   NRCP 62(a)(1) says no execution may issue, and no enforcement proceedings may be taken, until 30 days have passed after service of written notice of entry of the judgment, unless the court orders otherwise.

6. 6

   Justice court has its own tracks. In small claims, JCRCP 92(a) says the actions are informal and motions based on Rules 3-71 may be summarily denied; under JCRCP 98(b), a notice of appeal must be filed within 7 calendar days from service of the judgment. In a summary eviction, JCRCP 110 says a tenant's stay motion must be included within the tenant's affidavit in response to the notice for eviction, and one filed after the summary eviction order is issued or executed is untimely and may be summarily denied.

7. 7

   NRCP 60(d) preserves an independent action for relief and the power to set aside a judgment for fraud upon the court, while 60(e) abolishes bills of review and writs of coram nobis, coram vobis, and audita querela. For a default judgment, also see /legal-document/set-aside-default/nevada.

Nevada Requirements for Motion to Vacate

• Listed Reasons for Relief

  NRCP 60(b): (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time for Rule 59(b); (3) fraud, misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) satisfied, released, or discharged, based on an earlier judgment reversed or vacated, or no longer equitable prospectively; (6) any other reason that justifies relief.

• Six-Month Limit for Mistake, Evidence, Fraud

  NRCP 60(c)(1): all motions within a reasonable time; for (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time for Rule 59(b), and (3) fraud, misrepresentation, or misconduct, no more than 6 months after the proceeding or service of written notice of entry, whichever is later. Not extendable under Rule 6(b).

• No Automatic Suspension

  NRCP 60(c)(2): the motion does not affect the judgment's finality or suspend its operation. NRCP 62(b)(4): the court may stay execution pending a Rule 60 motion on appropriate terms for the opposing party's security.

• Small Claims Motions and Appeal

  JCRCP 92(a): small claims motions based upon Rules 3-71 may be summarily denied. JCRCP 98(b): a notice of appeal must be filed within 7 calendar days from service of the judgment.

• Summary Eviction Stay Motion

  JCRCP 110: a tenant's stay motion must be included within the tenant's affidavit in response to the notice for eviction; one filed after the order issues or is executed is untimely and may be summarily denied.

• Supporting Declaration

  The Nevada self-help Motion to Set Aside includes a Declaration in Support signed under penalty of perjury, stating personal knowledge of the facts, and notice of the 14-calendar-day response time.

• Ground and Timeliness Statement

  Name the NRCP 60(b) reason relied on, the date of entry, the date written notice of entry was served, and why the motion is within the 6-month or reasonable-time limit.