The Motion to Set Aside is a fillable court form from the Nevada Supreme Court Self-Help Center that a self-represented party uses to ask a Nevada district court to set aside an order, judgment, or default. It is filed in a case that already exists, by either the plaintiff or the defendant, and it combines the motion, the legal argument and a declaration under penalty of perjury. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original is published by the Self-Help Center at selfhelp.nvcourts.gov.
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What is Motion to Set Aside – Nevada?
The Motion to Set Aside (printed title: Motion to Set Aside Order, Judgment, or Default) is a four-page form from the Nevada Supreme Court Self-Help Center that a self-represented party files in an existing district court case to ask the judge to set aside an order, judgment, or default.
The Self-Help Center's motions page defines a motion as a written request that tells the judge what the person wants ordered and why. This form is listed there under "To Set Aside a Default, Order, or Judgement". It has a caption for the court, county, case number and department, a notice to the opposing party, a short motion, a Points and Authorities section, a Facts and Argument section with three numbered items, and a Declaration in Support of Motion to Set Aside.
The legal argument printed on the form cites Nevada Rule of Civil Procedure (NRCP) 60(b) for final orders and judgments, NRCP 60(c) for a default entered against a party who was never personally served with the summons and complaint, and NRCP 55(c), under which a default may also be set aside for good cause.
The form does not start a case. The Self-Help Center says motions and oppositions are filed only into existing cases. If the other party disagrees, the center describes a separate document, an "opposition and countermotion".
Who needs to file Motion to Set Aside – Nevada?
A plaintiff or a defendant who is representing themselves in a Nevada district court case and wants an order, judgment, or default set aside uses this form. The form has a box where you check whether you submit it as Plaintiff or Defendant, and it is headed "Self-Represented".
It fits several situations the form lists as grounds: you were never served with the other party's court papers; you did not respond because of mistake, inadvertence, surprise, or excusable neglect; the other party committed fraud, misrepresentation, or misconduct that led to the order; or another reason you explain. The legal argument also mentions newly discovered evidence, a void judgment, and a judgment that has been satisfied, released, or discharged.
Do not use this form to start a new case: motions are filed only in existing cases. If your case is in Clark County or Washoe County, the Self-Help Center says to visit those courts' self-help sites for forms specific to them. If no listed form fits your needs, the center points to a generic motion or opposition.
When to file Motion to Set Aside – Nevada
File the motion within the time limits printed on the form. A motion under NRCP 60(b) must be made within a reasonable time, and for reasons (1), (2) and (3) (mistake or excusable neglect, newly discovered evidence, fraud or misconduct) not more than 6 months after the proceeding was taken or after written notice of entry of the judgment or order was served.
For a default entered against a party who was never personally served with the summons and complaint, the form says the party must file the motion within 6 months of the date of service of written notice of entry of the order (NRCP 60(c)).
Once the motion is served, the opposing party has 14 calendar days from service to file a written response, plus 3 additional days if service was made by mail. The notice on page 1 warns that without a response the court may grant the relief without hearing from that party.
Documents you need
- Exhibits that support your requests, if you have any: describe each on the lines (a through d) in item 4 of the declaration, or write N/A on any blank line.
How to fill out Motion to Set Aside – Nevada
Enter your contact information
At the top of page 1, fill in the Filing Code, your name, address, city, state and ZIP, telephone and email address. The form is headed "Self-Represented".
Complete the court caption
Enter the county, the plaintiff and defendant names, the case number and the department.
Fill in the notice to the other party
After "TO:", enter the opposing party's name and their attorney's name, if any. Enter your own name in "PLEASE TAKE NOTICE THAT (your name)".
Check Plaintiff or Defendant
Under "Submitted By", check one box to show whether you are the plaintiff or the defendant.
Enter your name in the motion
On page 2, write your name where the form says "(Your name) ... moves this Court for an order to set aside an order, judgment and/or default". Read the Points and Authorities, which are preprinted.
Identify the default or order
In item 1, check one box. For a default, enter the date it was filed. For an order, enter the hearing date (or "n/a"), the date the written order was filed and the date you were served with it.
Select and explain your grounds
In item 2, check every ground that applies. Write the explanation the form requests for mistake or excusable neglect, for fraud or misconduct, or for "Other".
State any other relief
In item 3, list anything else you want the judge to order, being specific, or enter "N/A".
Date and sign the motion
On page 4, enter the date and year, sign on the "/s/" line and print your name.
Complete the declaration
Add any additional facts in item 3 of the declaration. In item 4, describe each exhibit on lines a through d or write N/A. Date, sign and print your name under the declaration, which is made under penalty of perjury.
Review and download the completed PDF
Check that dates, names and the case number match your court papers and that no personal information is included. Download or print the completed PDF from FillingPDF, then file and serve it as described under How to submit.
How to submit Motion to Set Aside – Nevada
The form is filed with the Clerk of the Court in the existing district court case, and a copy goes to the opposing party. The form itself prints no mailing address, e-filing portal or fee information.
- File with the court: the notice on page 1 refers to the Clerk of the Court, so file the completed motion, with the declaration and any exhibits, with the clerk of the district court for the county named in the caption. Enter the filing code, county, case number and department on page 1.
- Notify the other side: the form is addressed to the opposing party and that party's attorney, if any, and says the response period runs from service of the motion. Serve the motion on them.
The Self-Help Center directs readers to its "Basics of Court Forms" page for how to fill out and file court forms, and to the Clark County or Washoe County self-help sites if your case is in either county. FillingPDF lets you fill out and download the PDF; submission follows the court channels above.
Common mistakes to avoid
- Using the motion to start a new case; the Self-Help Center says motions are filed only into existing cases.
- Filing after the 6-month limit that applies to reasons (1), (2) and (3) under NRCP 60(b) or to a default under NRCP 60(c).
- Checking both boxes in item 1 instead of choosing either a default or an order, or leaving the hearing date blank instead of entering "n/a" when there was no hearing.
- Leaving item 3, Other Relief, empty instead of stating what else you want the judge to order or entering "N/A".
- Checking a ground in item 2 without writing the explanation the form asks for under mistake, fraud or "Other".
- Leaving exhibit lines in item 4 of the declaration blank instead of describing the exhibit or writing N/A.
- Including personal information in the document, although the form states that it contains none as defined by NRS 603A.040.
- Skipping the Plaintiff or Defendant box under "Submitted By", or leaving either signature line unsigned.
Frequently asked questions
What is a motion to set aside?
A motion to set aside is a written request asking the judge to cancel an order, judgment, or default in your case. The Nevada Supreme Court Self-Help Center form lets a self-represented plaintiff or defendant make that request and support it with a declaration under penalty of perjury.
Who can file the Motion to Set Aside in Nevada?
Either the plaintiff or the defendant in an existing Nevada district court case can file it. The form is written for people representing themselves and has a box to check for Plaintiff or Defendant. It cannot be used to open a new case.
How long do I have to file a motion to set aside?
The motion must be made within a reasonable time. For mistake or excusable neglect, newly discovered evidence, or fraud or misconduct, it must be filed no more than 6 months after the proceeding or after written notice of entry of the judgment or order was served.
What are the grounds for setting aside a default or order?
Item 2 lists four checkable grounds: you were never served with the other party's papers; mistake, inadvertence, surprise or excusable neglect; fraud, misrepresentation or misconduct by the other party; or another reason you explain. The printed argument cites NRCP 60(b), 60(c) and 55(c).
What if I was never served with the summons and complaint?
The form says that when a default was entered against a party who was never personally served, the court may set it aside under NRCP 60(c) so the party can answer the original action. The party must file within 6 months of service of written notice of entry of the order.
How long does the other party have to respond to my motion?
The other party has 14 calendar days from service of the motion to file a written response with the Clerk of the Court and give you a copy. If service was made by mail, they have 3 additional days.
Do I have to sign under penalty of perjury?
Yes, the form includes a Declaration in Support of Motion to Set Aside, and you sign it under penalty of perjury. In it you state that you have personal knowledge of the facts and that the statements are true and correct to the best of your knowledge.
Can I fill out the Motion to Set Aside online on FillingPDF?
You can fill out the fillable PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the motion with the court or serve it; you do that through the court's channels.
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