{"id":4398,"date":"2017-08-10T03:06:43","date_gmt":"2017-08-10T03:06:43","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4398"},"modified":"2017-08-13T21:45:53","modified_gmt":"2017-08-13T21:45:53","slug":"rule-60-relief-from-a-judgment-or-order","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4398","title":{"rendered":"Rule 60 \u2013 Relief from a Judgment or Order"},"content":{"rendered":"

(a)\u00a0Corrections Based on Clerical Mistakes; Oversights and Omissions<\/strong>.\u00a0The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court\u2019s leave.<\/span><\/p>\n

(b)\u00a0Grounds for Relief from a Final Judgment, Order, or Proceeding<\/strong>.\u00a0On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:<\/span><\/p>\n

(1) mistake, inadvertence, surprise, or excusable neglect;<\/span><\/p>\n

(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under\u00a0Rule 59(b)<\/a>;<\/span><\/p>\n

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;<\/span><\/p>\n

(4) the judgment is void;<\/span><\/p>\n

(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or<\/span><\/p>\n

(6) any other reason that justifies relief.<\/span><\/p>\n

(c)\u00a0Timing and Effect of the Motion<\/strong>.<\/span><\/p>\n

(1)\u00a0Timing.<\/em>\u00a0A motion under\u00a0Rule 60(b)\u00a0must be made within a reasonable time\u2014and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.<\/span><\/p>\n

(2)\u00a0Effect on Finality.<\/em>\u00a0The motion does not affect the judgment\u2019s finality or suspend its operation.<\/span><\/p>\n

(d)\u00a0Other Powers to Grant Relief<\/strong>.\u00a0This rule does not limit a court\u2019s power to:<\/span><\/p>\n

(1) entertain an independent action to relieve a party from a judgment, order, or proceeding;<\/span><\/p>\n

(2) grant relief under\u00a028 U.S.C. \u00a71655\u00a0to a defendant who was not personally notified of the action; or<\/span><\/p>\n

(3) set aside a judgment for fraud on the court.<\/span><\/p>\n

(e)\u00a0Bills and Writs Abolished<\/strong>.\u00a0The following are abolished: bills of review, bills in the nature of bills of review, and writs of coram nobis, coram vobis, and audita querela.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

(a)\u00a0Corrections Based on Clerical Mistakes; Oversights and Omissions.\u00a0The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal … Continue reading Rule 60 \u2013 Relief from a Judgment or Order<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":5025,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-4398","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4398","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4398"}],"version-history":[{"count":2,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4398\/revisions"}],"predecessor-version":[{"id":5033,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4398\/revisions\/5033"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/5025"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4398"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}