Ch. VII: Judgment · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 60 lets the court correct clerical mistakes at any time, and relieve a party from a judgment for mistake, excusable neglect, newly discovered evidence, fraud and the rule's other grounds.
(a)Clerical Mistakes. Clerical mistakes and mathematical errors 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.
(b)Mistake; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and upon such terms as are just, the Court may relieve a party or legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (4) the judgment is void; (5) 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 (6) any other reason justifying relief from the operation of the judgment. A motion under this subdivision does not affect the finality of a judgment or suspend its operation. This Rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order or proceeding, or to grant any relief provided by statute, or to set aside a judgment for fraud upon the Court. The procedure for obtaining relief from judgments shall be by motion as prescribed in these Rules or by an independent action.
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Plain-English Summary
Clerical mistakes. Clerical mistakes and mathematical errors in judgments, orders or other parts of the record, and errors arising from oversight or omission, may be corrected by the court on its own initiative or on motion. This is for getting the paper to say what the court decided — not for changing what it decided.
Relief from a judgment. On motion and on such terms as are just, the court may relieve a party from a final judgment or order for mistake, inadvertence, surprise or excusable neglect; newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial; fraud, misrepresentation or other misconduct of an adverse party; and the rule's remaining grounds, including that the judgment is void or has been satisfied.
The two paths matter differently.Rule 59 runs on a short clock and asks the court to think again. Rule 60(b) reaches further back, but asks a harder question: not whether the decision was right, but whether something happened that makes it unjust to let it stand.
This is also the route by which a default judgment is set aside, Rule 55 having sent the question here rather than supplying a standard of its own.
Frequently Asked Questions
Can a Delaware Family Court judgment be reopened?
On motion and on such terms as are just, the court may relieve a party from a final judgment or order for mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud or the rule's other grounds.
How do I fix a typo in an order?
Clerical mistakes and mathematical errors, and errors arising from oversight or omission, may be corrected by the court on its own initiative or on motion.
How is this different from a motion for a new trial?
Rule 59 must be brought within its own short deadline and asks the court to reconsider. Rule 60(b) reaches further back but requires one of its specified grounds.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 60), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:relief from judgment Delawarereopen judgment Delaware Family Courtexcusable neglect DelawareFam. Ct. Civ. R. 60