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NRCP Rule 60
RULE 60. RELIEF FROM JUDGMENT OR
ORDER
(a) Clerical Mistakes. Clerical mistakes in
judgments, orders or other parts of the record and errors therein arising from
oversight or omission may be corrected by the court at any time of its own
initiative or on the motion of any party and after such notice, if any, as the
court orders. During the pendency of an appeal, such mistakes may be so corrected
before the appeal is docketed in the appellate court, and thereafter while the
appeal is pending may be so corrected with leave of the appellate court.
(b) Mistakes; Inadvertence; Excusable Neglect;
Fraud, Etc. On motion and upon such terms as are just, the court may
relieve a party or his legal representative from a final judgment, order, or
proceeding for the following reasons: (1) mistake, inadvertence, surprise, or
excusable neglect; (2) fraud (whether heretofore denominated intrinsic or
extrinsic), misrepresentation or other misconduct of an adverse party which
would have theretofore justified a court in sustaining a collateral attack upon
the judgment; (3) the judgment is void; or, (4) the judgment has been
satisfied, released, or discharged, or a prior judgment upon which it is based
has been reversed or otherwise vacated, or it is no longer equitable that an
injunction should have prospective application. The motion shall be made within
a reasonable time, and for reasons (1) and (2) not more than six months after
the judgment, order, or proceeding was entered or taken. A motion under this
subdivision (b) does not affect the finality of a judgment or suspend its
operation. This rule does not limit the power of a court to entertain an
independent action to relieve a party from a judgment, order, or proceeding, or
to set aside a judgment for fraud upon the court. The procedure for obtaining
any relief from a judgment shall be by motion as prescribed in these rules or
by an independent action.
(c) Default Judgments: Defendant Not Personally
Served. When a default judgment shall have been taken against any party
who was not personally served with summons and complaint, either in the State
of Nevada or in any other jurisdiction, and who has not entered his general
appearance in the action, the court, after notice to the adverse party, upon
motion made within six months from the date of rendition of such judgment, may
vacate such judgment and allow the party or his legal representatives to answer
to the merits of the original action. When, however, a party has been
personally served with summons and complaint, either in the State of Nevada or
in any other jurisdiction, he must make his application to be relieved from a
default, a judgment, an order, or other proceeding taken against him, or for
permission to file his answer, in accordance with the provisions of subdivision
(b) of this rule.
(d) Default Judgments:
Modification Nunc Pro Tunc. Whenever a default judgment or decree has been
entered, the party or parties in default therein may at any time thereafter,
upon written consent of the party or parties in whose favor judgment or decree
has been entered, enter general appearance in the action, and the general
appearance so entered shall have the same force and effect as if entered at the
proper time prior to the rendition of the judgment or decree. On such
appearance being entered the court may make and enter a modified judgment or
decree to the extent only of showing such general appearance on the part of the
party or parties in default, and it shall be entered nunc pro tunc as of the
date of the original judgment or decree; provided, however, that nothing herein
contained shall prevent the court from modifying such judgment or decree as
stipulated and agreed in writing by the parties to such action, and in
accordance with the terms of such written stipulation and agreement.
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*** Any rule can change at any time - This rule may have been amended ***
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