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Nevada Motion to Set Aside a Default Judgment

Set aside a Nevada default judgment under NRCP 60(b). File within a reasonable time and no more than a year for excusable neglect, weighed under the four-part Yochum test.

Introduction

A motion to set aside a default judgment asks the court to undo a judgment entered against you because you did not respond to the lawsuit in time, so the case can be reopened and decided on the merits. In Nevada there are two related but distinct steps. An entry of default, the clerk's record that you failed to respond, is set aside for 'good cause' under Nevada Rule of Civil Procedure 55(c), a lower bar. A final default judgment is set aside only under Rule 60(b), most often for mistake, inadvertence, surprise, or excusable neglect under Rule 60(b)(1). For those grounds you must file within a reasonable time and no more than a year after the judgment or after service of written notice of its entry, whichever is later. Nevada channels the 60(b)(1) analysis through the four-part Yochum test: (1) a prompt application to remove the judgment, (2) the absence of an intent to delay, (3) a lack of knowledge of procedural requirements, and (4) good faith, plus a promptly tendered meritorious defense (a real defense you would raise if the case reopened). If the judgment is void (entered without proper service or jurisdiction), Rule 60(b)(4) has no fixed month cap. DocDraft drafts a Nevada motion to set aside a default judgment from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    A default judgment is the judgment entered when a defendant does not respond in time. In Nevada you undo a final default judgment with a motion to set aside under Rule of Civil Procedure 60(b), which reopens the case so it can be decided on the merits.

  2. 2

    Nevada separates the two steps. An entry of default is set aside for 'good cause' under NRCP 55(c), a lower bar. A final default judgment is set aside only under NRCP 60(b), so identify which one you are facing before you file.

  3. 3

    The main ground is NRCP 60(b)(1): relief from a default judgment taken through your mistake, inadvertence, surprise, or excusable neglect. The judgment is reopened so the court can hear your defense.

  4. 4

    The deadline for grounds (1), (2), and (3) is a reasonable time and no more than a year after the judgment or after service of written notice of entry, whichever is later. This one-year window took effect March 1, 2019, and cannot be extended under Rule 6(b).

  5. 5

    Nevada weighs a 60(b)(1) motion under the four-part Yochum test: a prompt application to remove the judgment, the absence of an intent to delay, a lack of knowledge of procedural requirements, and good faith. The court must make express findings on each factor.

  6. 6

    You must also promptly tender a meritorious defense, meaning a real defense you would raise if the case reopened. Nevada's basic policy favors deciding each case on its merits, so show the court the defense the reopened case would present.

  7. 7

    If the judgment is void, NRCP 60(b)(4) applies and is bounded only by a reasonable time, with no fixed month cap. A separate NRCP 60(d)(2) path allows setting aside a default judgment within 6 months after notice of entry when the defendant was not personally served and never appeared.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Nevada, a few decisions shape the document: which option to choose and what each one means. The Motion to Set Aside a Default Judgment guide walks through them.

Open the Motion to Set Aside a Default Judgment guide

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IN THE [JUDICIAL DISTRICT] JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER] Dept. No.: [DEPARTMENT]

DEFENDANT'S MOTION TO SET ASIDE DEFAULT JUDGMENT; DECLARATION IN SUPPORT

[Nev. R. Civ. P. 55(c) and 60(b)]

TO THE PLAINTIFF AND TO THE CLERK OF THE ABOVE-ENTITLED COURT:

PLEASE TAKE NOTICE that Defendant [DEFENDANT NAME] moves this Court for an order setting aside the default judgment entered on [DATE OF JUDGMENT] and reopening this case so it may be decided on the merits.

MOTION

Defendant moves under Nevada Rule of Civil Procedure 55(c) and 60(b) on the following grounds:

  1. The default judgment was entered on [DATE] because [describe the mistake, inadvertence, surprise, or excusable neglect that caused the failure to respond].

  2. Relief is warranted under NRCP 60(b)(1) for mistake, inadvertence, surprise, or excusable neglect.

  3. This motion satisfies the four-part Yochum test: (a) it is a prompt application to remove the judgment; (b) there is no intent to delay the proceedings; (c) the failure to respond reflects a lack of knowledge of procedural requirements; and (d) Defendant has acted in good faith.

  4. This motion is made within a reasonable time and no more than a year after the judgment and after service of written notice of its entry, as required by NRCP 60(c)(1).

  5. Defendant promptly tenders a meritorious defense: [state the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party].

  6. [If applicable: The judgment is void under NRCP 60(b)(4) because Defendant was never properly served. In the alternative, NRCP 60(d)(2) permits relief within 6 months after notice of entry because Defendant was not personally served and did not appear.]

DECLARATION

I, [DECLARANT NAME], declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct. [State the facts of the mistake, inadvertence, surprise, or excusable neglect, the date you learned of the judgment, and the meritorious defense you would raise.]

Executed on [DATE] at [CITY], Nevada.

[DECLARANT NAME]

PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], permit Defendant to defend the action on the merits, and grant such other relief as the Court deems just.

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] Attorney for Defendant / Defendant in Proper Person

CERTIFICATE OF SERVICE

I certify that on [DATE] I served the foregoing motion and declaration on the parties listed below by [method of service], in accordance with Nevada law.

[NAME OF PERSON SERVING]

[Check your district court's local rules for hearing, formatting, and electronic filing requirements.]

Nevada Requirements for Motion to Set Aside a Default Judgment

File within a year for excusable neglect

Under NRCP 60(c)(1), a motion on grounds (1), (2), or (3), including mistake, inadvertence, surprise, or excusable neglect, must be filed within a reasonable time and no more than a year after the judgment or after service of written notice of its entry, whichever is later. This one-year window took effect March 1, 2019 and cannot be extended under Rule 6(b).

Identify default versus default judgment

Determine whether you face an entry of default or a final default judgment. An entry of default is set aside for 'good cause' under NRCP 55(c), a lower bar, while a final default judgment is set aside only under NRCP 60(b).

State the ground: mistake, inadvertence, surprise, or excusable neglect

Identify the NRCP 60(b)(1) ground that applies and explain the facts that caused the default. The court reopens the judgment when the failure to respond fits one of these grounds and the Yochum factors are met.

Meet the four-part Yochum test

Address each Yochum factor: a prompt application to remove the judgment, the absence of an intent to delay, a lack of knowledge of procedural requirements, and good faith. The district court must make express findings on each factor for appellate review.

Tender a meritorious defense

Promptly tender a meritorious defense, meaning a real defense you would raise if the case were reopened. Nevada's basic policy favors deciding each case on its merits, so show the court the defense the reopened case would present.

Check whether the judgment is void

If you were never properly served, the judgment may be void. NRCP 60(b)(4) lets the court set aside a void judgment bounded only by a reasonable time. NRCP 60(d)(2) separately allows relief within 6 months after notice of entry when the defendant was not personally served and never appeared.

Prepare a supporting declaration

Support the motion with a declaration under penalty of perjury stating the facts of the mistake or excusable neglect, when you learned of the judgment, and the meritorious defense you would raise. Present the motion as a noticed motion under NRCP 55(c) and 60(b).

File in the district court and serve the motion

File in the Nevada district court where the case is pending, with the clerk of the court named in the case caption, then serve the motion on the opposing party and complete a certificate of service. Check your court's local rules for hearing, formatting, and electronic filing requirements.

Frequently Asked Questions

It is a request asking a Nevada district court to undo a default judgment, which is the judgment entered against a defendant who did not respond to the lawsuit in time. Setting it aside reopens the case so you can defend it on the merits. The main basis is Nevada Rule of Civil Procedure 60(b)(1), which requires you to show mistake, inadvertence, surprise, or excusable neglect and to tender a meritorious defense.

An entry of default is the clerk's record that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Under NRCP 55(c) an entry of default is set aside for 'good cause,' a lower bar. Once a default judgment is entered, you must use NRCP 60(b), and a 60(b)(1) motion is weighed under the four-part Yochum test plus a meritorious defense.

For mistake, inadvertence, surprise, or excusable neglect under NRCP 60(b)(1), you must file within a reasonable time and no more than a year after the judgment or after service of written notice of its entry, whichever is later. This one-year window took effect March 1, 2019 and cannot be extended under Rule 6(b). A void-judgment motion under Rule 60(b)(4) is bounded only by a reasonable time.

It is the standard Nevada courts use to weigh a NRCP 60(b)(1) motion to set aside a default judgment. The court considers a prompt application to remove the judgment, the absence of an intent to delay the proceedings, a lack of knowledge of procedural requirements, and good faith. The moving party must also promptly tender a meritorious defense, and the district court must make express findings on each factor.

Often yes. If you were never properly served, the judgment may be void, and NRCP 60(b)(4) lets the court set aside a void judgment bounded only by a reasonable time, with no fixed month cap. A separate path, NRCP 60(d)(2), allows setting aside a default judgment within 6 months after notice of entry when the defendant was not personally served and never appeared in the action.

Yes. Under the Yochum test the moving party must promptly tender a meritorious defense, meaning a real defense you would raise if the case were reopened. The court weighs this alongside the four factors, guided by Nevada's basic policy of deciding each case on its merits. Practitioners commonly present the proposed defense with the motion so the court can see what the reopened case would involve.

You file it in the Nevada district court where the case is pending, as a noticed motion under NRCP 55(c) and 60(b), with the clerk of the court named in the case caption. The motion is supported by a declaration of the facts and, commonly, the defense you would raise. Check your court's local rules for hearing, formatting, and electronic filing requirements.