Subdivision (b) is amended to provide that a motion for new trial must be filed, not just served, within the specified time period. The time for filing the motion runs from service of notice of entry rather than from entry of the judgment under the federal rule. A similar amendment to subdivision (c) requires that opposing affidavits be filed, not just served, within the specified time period. Subdivision (d) is added. It conforms to the existing federal rule and permits the court to grant a new trial on its own initiative or for grounds not stated in a timely motion. Subdivision (e) is amended to provide that a motion to alter or amend a judgment must be filed, not just served, within the specified time period. The time for filing the motion runs from service of notice of entry rather than from entry of the judgment under the federal rule. 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; Newly Discovered Evidence; Fraud, Etc. On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, order, or proceeding 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 (whether heretofore denominated intrinsic or extrinsic), 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. 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. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action. [As amended; effective January 1, 2005.] (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 a general appearance in the action, the court, after notice to the adverse party, upon motion made within 6 months after the date of service of written notice of entry of such judgment, may vacate such judgment and allow the party or the party’s 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, the party must make application to be relieved from a default, a judgment, an order, or other proceeding taken against the party, or for permission to file an answer, in accordance with the provisions of subdivision (b) of this rule. [As amended; effective January 1, 2005.] (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. 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. RULE 61. HARMLESS ERROR No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties. RULE 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT (a) Automatic Stay; Exceptions—Injunctions and Receiverships. Except as stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 10 days after service of written notice of its entry. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. The provisions of subdivision (c) of this rule govern the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal. [As amended; effective January 1, 2005.] (b) Stay on Motion for New Trial or for Judgment. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial or to alter or amend a judgment made pursuant to Rule 59, or of a motion for relief from a judgment or order made pursuant to Rule 60, or of a motion for judgment in accordance with a motion for a judgment as a matter of law made pursuant to Rule 50, or of a motion for amendment to the findings or for additional findings made pursuant to Rule 52(b). [As amended; effective January 1, 2005.] (c) Injunction Pending Appeal. When an appeal is taken from an interlocutory or final judgment granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party. (d) Stay Upon Appeal. When an appeal is taken the appellant by giving a supersedeas bond may obtain a stay subject to the exceptions contained in subdivision (a) of this rule. The bond may be given at or after the time of filing the notice of appeal. The stay is effective when the supersedeas bond is filed. [As amended; effective January 1, 2005.] (e) Stay in Favor of the State or Agency Thereof. When an appeal is taken by the State or by any county, city or town within the State, or an officer or agency thereof and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security shall be required from the appellant. (f) Reserved. (g) Power of Appellate Court Not Limited. The provisions in this rule do not limit any power of an appellate court or of a judge or justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered. (h) Stay of Judgment as to Multiple Claims or Multiple Parties. When a court has ordered a final judgment under the conditions stated in Rule 54(b), the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered. [As amended; effective March 16, 1964.] Drafter’s Note 2004 Amendment Subdivision (a) is amended to adopt the federal rule, which provides for an automatic stay of execution upon or enforcement of a judgment except in an action for an injunction or in a receivership action. But the Nevada rule provides for a stay until 10 days after service of written notice of entry of the judgment whereas the federal rule provides for a stay until 10 days after entry of the judgment. Subdivision (b) is amended to conform to the change in diction set forth in revised Rule 50(a). Subdivision (d) is amended to add the exceptions for injunctions and receiverships consistent with the amendments to subdivision (a). The provision retains the Nevada rule that a stay upon appeal is effective when the supersedeas bond is filed in lieu of the federal provision that the stay is effective when the court approves the supersedeas bond. RULE 63. INABILITY OF A JUDGE TO PROCEED If a trial or hearing has been commenced and the judge is unable to proceed, any other judge may proceed with it upon certifying familiarity with the record and determining that the proceedings in the case may be completed without prejudice to the parties. In a hearing or trial without a jury, the successor judge shall at the request of a party recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. The successor judge may also recall any other witness. But if such successor judge cannot perform those duties because the successor judge did not preside at the trial or for any other reason, the successor judge may, in that judge’s discretion, grant a new trial. [As amended; effective January 1, 2005.] Drafter’s Note

Vegas Law