Fillable COURT CODE: MOT Self-Represented DISTRICT COURT CLARK COUNTY, (Family Law Self Help Center)

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COURT CODE: MOT Self-Represented DISTRICT COURT CLARK COUNTY, (Family Law Self Help Center)

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© 2020 Family Law Self-Help Center Motion to Set Aside
* You are responsible for knowing the law about your case. For more information on the law, this form, and free
classes, visit www.familylawselfhelpcenter.org or the Family Law Self Help Center at 601 N. Pecos Road. To find
an attorney, call the State Bar of Nevada at (702) 382-0504.
1
COURT CODE: MOT
Your Name:
Address:
Telephone:
Email Address:
Self-Represented
DISTRICT COURT
CLARK COUNTY, NEVADA
________________________________
Plaintiff,
vs.
________________________________
Defendant.
CASE NO.: ____________________
DEPT: ____________________
Hearing Requested? ( check one, the clerk will
enter dates when you file)
Yes. Hearing Date: ______________
Hearing Time: ______________
No. Chambers Decision: ___________
MOTION AND NOTICE OF MOTION TO SET ASIDE ORDER, JUDGMENT, AND/OR
DEFAULT
TO: Name of Opposing Party and Party’s Attorney, if any, ______________________________
If a hearing was requested above, the hearing on this motion will be held on the date and
time above before the Eighth Judicial District Court - Family Division located at:
(clerk willcheck one)
❑ The Family Courts and Services Center, 601 N. Pecos Road Las Vegas, Nevada 89101.
❑ The Regional Justice Center, 200 Lewis Avenue Las Vegas, Nevada 89101.
❑ The Child Support Center of Southern Nevada, 1900 E. Flamingo Rd #100, LV NV 89119.
NOTICE: You may file a written response to this motion with the Clerk of the
Court and provide the undersigned with a copy of your response within 14
days of receiving this motion. Failure to file a written response with the Clerk
of Court within 14 days of your receipt may result in the requested relief being
granted by the Court without a hearing prior to the scheduled hearing date.
Submitted By:
❑ Plaintiff / ❑ Defendant
/s/
Page 2 of 4 - Motion to Set Aside
MOTION
(Your name) ________________________________________ moves this Court for an order to
set aside an order, judgment and/or default. ( check one)
I tried to resolve this issue with the other party before filing this motion.
I did not try to resolve this issue with the other party before filing this motion. Any
attempt to resolve the issue would have been useless or impractical because (explain why
you did not try to resolve this issue directly with the other party before filing this motion)
________________________________________________________________________
________________________________________________________________________
POINTS AND AUTHORITIES
LEGAL ARGUMENT
The court may set aside a final order or judgment pursuant to Nevada Rule of Civil
Procedure 60(b) for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence which by due diligence could not have been discovered in
time to move for a new trial under Rule 59(b);
(3) fraud, misrepresentation or other misconduct of an adverse party;
(4) the judgment is void; or
(5) 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), (2), and (3) not more
than 6 months after the proceeding was taken or the date that written notice of entry of the
judgment or order was served.
When a default order is entered against a party who was never personally served with the
summons and complaint, the court may set aside the order pursuant to Nevada Rule of Civil
Procedure 60(c) so the party can answer the merits of the original action. A defaulted party must
file a motion within 6 months of the date of service of written notice of entry of the order.
In addition, a default may be set aside for good cause. NRCP 55(c).
Page 3 of 4 - Motion to Set Aside
FACTS AND ARGUMENT
1. Order/Default. (☒check one)
❑ I want to set aside a default that was entered on (date default was filed) ____________.
❑ I want to set aside an order. A hearing was held on (date of the hearing, or “n/a” if there
was no hearing) ___________. A written order was filed (date of the order) _________.
I was served with a copy of the order on (date you received the order) _____________.
2. Grounds. The default or order should be set aside because: (☒check all that apply)
❑ I was never served with the other party’s court papers that led to the court order/default.
❑ I did not respond to the other party’s court papers because of my mistake, inadvertence,
surprise, or excusable neglect. (Explain why you did not respond to the original papers):
❑ The other party committed fraud, misrepresentation, or misconduct that resulted in the
order. (Explain what the other party did to get the order that was wrong):
❑ Other (Explain the reasons you want the default/order set aside):
Page 4 of 4 - Motion to Set Aside
3. Other Relief. In addition to the relief requested above, I would like the Court to also order
the following: (Explain anything else that you would like the judge to order, or enter “N/A”
if you do not want anything else. Be specific.)
I respectfully ask the Court to grant me the relief requested above, including an award of
attorney’s fees if I am able to retain an attorney for this matter, and any other relief the Court
finds appropriate.
DATED _____________________________, 20____.
Submitted By: (your signature)
(print your name)
DECLARATION IN SUPPORT OF MOTION TO SET ASIDE
I declare, under penalty of perjury:
a. I have read the foregoing motion, and the factual averments it contains are true and correct
to the best of my knowledge, except as to those matters based on information and belief, and
as to those matters, I believe them to be true. Those factual averments contained in the
referenced filing are incorporated here as if set forth in full.
b. Any Exhibit(s) in support of this Motion will be filed separately in an Exhibit Appendix.
I declare under penalty of perjury under the law of the State of Nevada that the foregoing
is true and correct.
DATED _____________________________, 20____.
Submitted By: (your signature)
(print your name)
/s/
/s/
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COURT CODE: MOT Self-Represented DISTRICT COURT CLARK COUNTY, (Family Law Self Help Center)

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Completed 15 January 2021

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