Julia Standish

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In an opinion drafted by Justice Hardesty, the Nevada Supreme Court considered whether district courts must apply the Yochum factors when determining if an NRCP 60(b)(1) motion has established, by a preponderance of the evidence, that sufficient grounds exist to set aside a final judgment, order, or proceeding. The Court concluded that the Yochum factors must be applied to any NRCP 60(b)(1) motion, not just those involving a default judgment, to determine if the movant established excusable neglect.