(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 case is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.
Rule 60.Relief from Judgment or Order
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 60 lets courts fix clerical slips in a judgment at any time and, on specific grounds such as mistake, fraud, or a void judgment, lets a party ask to set aside a final judgment or order — usually within 182 days, though some grounds allow more time.
Full Text of Rule 60
(b) Mistakes; Inadvertence; Surprise; Excusable Neglect; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons:
(1) Mistake, inadvertence, surprise, or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (3) the judgment is void; (4) 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 the judgment should have prospective application; or (5) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1) and (2) not more than 182 days after the judgment, order, or proceeding was entered or taken. A motion under this section (b) does not affect the finality of a judgment or suspend its operation. This Rule does not limit the power of a court: (1) To entertain an independent action to relieve a party from a judgment, order, or proceeding, or (2) to set aside a judgment for fraud upon the court; or (3) when, for any cause, the summons in an action has not been personally served within or without the state on the defendant, to allow, on such terms as may be just, such defendant, or his legal representatives, at any time within 182 days after the rendition of any judgment in such action, to answer to the merits of the original action. Writs of coram nobis, 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.
Amendment History
Amended effective January 12, 2017.
Plain-English Summary
Rule 60(a) lets a court fix clerical mistakes in a judgment, order, or the record at any time, on its own initiative or on a party's motion, with whatever notice the court thinks appropriate. Even after an appeal is filed, the trial court can still correct a clerical slip before the case reaches the appellate court, and afterward with that court's permission.
Rule 60(b) covers more substantive relief. A party can ask the court to set aside a final judgment, order, or proceeding for:
- mistake, inadvertence, surprise, or excusable neglect
- fraud, misrepresentation, or other misconduct by the opposing party
- a judgment that is void
- a judgment that has been satisfied, released, or discharged, or that rests on an earlier judgment that has since been reversed or vacated, or that it would no longer be equitable to enforce
- any other reason justifying relief
For the first two grounds, the motion must come within 182 days of the judgment, order, or proceeding; for the rest, it must come within a reasonable time, which can stretch well beyond 182 days. Filing a Rule 60(b) motion does not pause the judgment's finality or its enforcement. The rule also keeps the court's power to hear an independent action for relief from judgment, to set aside a judgment obtained through fraud on the court, and — where a defendant was never personally served — to let that defendant answer on the merits within 182 days of judgment. Older common-law devices like coram nobis and bills of review are gone; relief now comes only through a motion or an independent action.
Frequently Asked Questions
How long do I have to file a Rule 60(b) motion?
For the grounds of mistake, inadvertence, surprise, excusable neglect, fraud, misrepresentation, or misconduct, the motion must be filed within 182 days after the judgment, order, or proceeding was entered. The remaining grounds — a void judgment, a judgment that has been satisfied or no longer deserves prospective effect, or any other reason justifying relief — require only that the motion be filed within a reasonable time, which can extend well past 182 days.
Does asking for relief under Rule 60 stop the judgment from being enforced?
No. Filing a motion under Rule 60(b) does not affect the finality of the judgment or suspend its operation. A party who needs to pause enforcement while the motion is pending must separately ask for a stay.
What's the difference between Rule 60(a) and Rule 60(b)?
Rule 60(a) is for clerical mistakes — typos, computational slips, or similar oversights that do not change the substance of what the court decided. Rule 60(b) covers substantive relief from a judgment itself, based on grounds such as mistake, fraud, or a void judgment.
Can I still get relief if I was never personally served with the original summons?
Yes. The rule preserves the court's power to let a defendant who was never personally served, in or out of Colorado, answer on the merits of the original action, on terms the court considers just, within 182 days after judgment was rendered.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 60). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as: 60(b) motionrelief from judgmentmotion to set aside judgmentclerical error correctionvoid judgment motionexcusable neglect motion182 day deadline