Nevada Motion to Set Aside Submission and Reopen Case

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Multi-State
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US-02764BG
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Word; 
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This form is a generic sample of a motion to reopen a case based on newly discovered evidence.

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FAQ

The Nevada Set Aside is a shortened process that eliminates the need to go through a formal probate procedure. There is no need for the court to appoint a legal personal representative for the estate and you do not need to go through multiple court hearings. The purpose of the Set Aside is to protect families.

A person can ask the court to undo (or "set aside") a default or a final order. This motion usually must be filed within 6 months of when the default or order was entered. There are only a few reasons why a judge might undo a default or an order.

NRCP 60(b) provides the grounds for relief from a final judgment, final order (such as an order granting case-ending sanctions), or final proceeding. A party can seek relief under NRCP 60(b) by filing a motion in the same case involving the final judgment or order, or by filing an independent action.

A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.

Order 9 Rule 13 states that while setting aside ex-parte decree, the defendant may apply to the Court by which the decree was passed for an order to set it aside and if the Court is satisfied that the summons were not duly served, or that he was prevented by any sufficient means from appearing when the suit was called ...

If the two of you cannot reach an agreement, you can file an ?opposition? to the other party's motion. An ?opposition? is a written statement that says why the judge should not give the other party what they asked for, and what you would like instead.

Nevada has a simplified probate proceeding for small estates, known as a ?Set Aside.? A Set Aside foregoes many of the formalities of a normal probate proceeding, which makes the process much quicker and simpler. Most Set Aside proceedings can be done 4-6 weeks, as opposed to 6-9 months for a normal probate proceeding.

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Nevada Motion to Set Aside Submission and Reopen Case