Motion for Relief from the Judgment (b) – to correct a clerical mistake in the judgment which incorrectly reflects the courts intentions

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Notice: Motion for Relief from the Judgment serves two purposes; for that reason we have divided them up into (a) and (b).  It is important to mention that we did this for organizational reasons, and that our decision to divide them like this has nothing to do with anything that’s ever been established by any court.  See Motion for Relief from the Judgment (a).  The below definitions reflect both uses for a Motion for Relief from the Judgment.

motion for relief from the judgment:

1. A party’s request that the court correct a clerical mistake in the judgment – that is, a mistake that results in the judgment’s incorrectly reflecting the courts intentions – or relieve the party from the judgment because of such matters as

1.) inadvertence, surprise, or excusable neglect
2.) newly discovered evidence that could not have been discovered through diligence in time for a motion for new trial
3.) the judgment’s being the result of fraud, misrepresentation, or misconduct by the other party
4.) the judgment’s being void or having been satisfied or released. Fed. R. Civ. P. 60.


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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