Rule 60. Relief from a Judgment or Order

Contents

(a) CORRECTIONS BASED ON CLERICAL MISTAKES; OVERSIGHTS AND OMISSIONS

The 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's leave.

(b) GROUNDS FOR RELIEF FROM A FINAL JUDGMENT, ORDER OR PROCEEDING

On 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:
(1)mistake, inadvertence, surprise, or excusable neglect;
(2)newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
(3)fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;
(4)the judgment is void;
(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
(6)any other reason that justifies relief.

(c) TIMING AND EFFECT OF THE MOTION

(1)Timing

A motion under Rule 60(b) must be made within a reasonable time—and 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.

(2)Effect on Finality

The motion does not affect the judgment’s finality or suspend its operation.

(d) OTHER POWERS TO GRANT RELIEF

This rule does not limit a court’s power to:
(1)entertain an independent action to relieve a party from a judgment, order, or proceeding; or
(2)set aside a judgment for fraud on the court.

(e) BILLS AND WRITS ABOLISHED

The following are abolished: bills of review, bills in the nature of bills of review, and writs of coram nobis, coram vobis, and audita querela.

Comments

COMMENT TO 2017 AMENDMENTS

This rule is identical to Federal Rule of Civil Procedure 60, as amended in 2007, except that the reference to relief under 28 U.S.C. § 1655 remains omitted.

COMMENT

Identical to Federal Rule of Civil Procedure 60 except for deletion from section (b) of the inapplicable reference to 28 U.S.C. § 1655 dealing with lien actions in the United States District Courts. With respect to motions made under this Rule for reinstatement of actions previously dismissed through inexcusable neglect or dereliction of counsel, see also Rule 41-I. See Rule 55-III for procedure governing the vacating of defaults by consent.