Rule 60 - Relief From a Judgment or Order(a)Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court's leave.(b)Grounds for Relief From a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following 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);(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.(c)Timing and Effect of the Motion.(1)Timing. A motion under Rule 60(b) must be made within a reasonable time-and for reasons (1), (2), and (3) 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 for filing the motion cannot be extended under Rule 6(b). (2)Effect on Finality. The motion does not affect the judgment's finality or suspend its operation.(d)Other Powers to Grant Relief. This rule does not limit a court's power to: (1) entertain an independent action to relieve a party from a judgment, order, or proceeding;(2) upon motion filed within 6 months after written notice of entry of a default judgment is served, set aside the default judgment against . a defendant who was not personally served with a summons and complaint and who has not appeared in the action, admitted service, signed a waiver of service, or otherwise waived service; or(3) set aside a judgment for fraud upon the court.(e)Bills and Writs Abolished. The following are abolished: bills of review, bills in the nature of bills of review, and writs of coram nobis, coram vobis, and audita querela.Last amended effective 1/1/2005; amended effective 3/1/2019.Advisory Committee Note-2019 Amendment
The amendments generally conform Rule 60 to FRCP 60, including incorporating FRCP 60(b)(6) as Rule 60(b)(6). The Rule 60(c) time limit for filing a Rule 60(b)(l)-(3) motion, however, remains at 6 months consistent with the former Nevada rule. Rule 60(d)(2) preserves the first sentence of former NRCP 60(c) respecting default judgments. The amendments eliminate the remaining portion of former NRCP 60(c) and former NRCP 60(d) as superfluous.
Drafter's Note
2004 Amendment
Subdivision (b) is amended to incorporate the 1946 amendment to the federal rule, which added newly discovered evidence as a ground for relief under subdivision (b). The revised rule does not include the provision in the federal rule for relief under subdivision (b) based on "any other reason justifying relief from the operation of the judgment." Subdivision (b) is also amended by deleting the reference to fraud that "would have theretofore justified a court in sustaining a collateral attack upon the judgment"-language that does not appear in the current federal rule. Subdivision (b) is further amended by adding language, consistent with the federal rule, that abolishes "[w]rits of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review." Finally, subdivision (b) retains the 6-month limit on motions based on the first three grounds stated in the revised rule rather than the 1-year limit provided by the federal rule. But the provision is revised so that the 6-month limit starts to run from service of written notice of entry of the judgment or order.
Subdivisions (c) and (d), which do not appear in the federal rule, are retained. The revisions to subdivision (c) are technical with the exception that the 6-month limit now starts to run from service of notice of entry of the judgment rather than "the date of rendition" of the judgment under the former rule.