Rule 60.Relief From a Judgment or Order

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 60 lets a court correct clerical mistakes at any time and relieve a party from a final judgment for reasons such as mistake, newly discovered evidence, fraud, a void or satisfied judgment, or any other reason justifying relief — with the first three grounds capped at one year.

Full Text of Rule 60

Text sizeJump to: (a) (b) (c) (d) (e)

(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.

(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;

(2) grant relief under 28 U.S.C. § 1655 to a defendant who was not personally notified of the action; or

(3) 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.

End

Amendment History

(Amended December 27, 1946, effective March 19, 1948; December 29, 1948, effective October 20, 1949; March 2, 1987, effective August 1, 1987; April 30, 2007, effective December 1, 2007.)

Plain-English Summary

Rule 60 is the rule for undoing a judgment after the deadlines for new-trial motions and appeal have tightened. Rule 60(a) lets the court fix clerical mistakes and obvious oversights or omissions at any time. Rule 60(b) is the substantive provision: on motion and just terms, the court may relieve a party from a final judgment, order, or proceeding for one of six reasons.

Those grounds are (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that could not have been found in time for a Rule 59 motion; (3) fraud, misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied or is no longer equitable; and (6) any other reason that justifies relief. A motion must be made within a reasonable time, and for the first three grounds no more than a year after the judgment. Rule 60 also preserves a court’s power to entertain an independent action and to set aside a judgment for fraud on the court.

Frequently Asked Questions

What is a Rule 60(b) motion?

A motion to be relieved from a final judgment for a listed reason — mistake, newly discovered evidence, fraud, a void or satisfied judgment, or any other reason justifying relief (Rule 60(b)).

How long do you have to file a Rule 60(b) motion?

Within a reasonable time — and for grounds (1) mistake, (2) newly discovered evidence, and (3) fraud, no more than a year after the entry of judgment (Rule 60(c)).

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 60), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 60Fed. R. Civ. P. 60relief from judgmentRule 60(b)setting aside a judgmentnewly discovered evidencefraud on the court