Rule 805.Relief from Judgment or Order

Part VIII. Judgments; Post-Decree and Post-Judgment Proceedings · Last amended July 1, 2023 · Last verified September 4, 2026

In one sentenceRule 805 allows correction of clerical mistakes at any time and relief from a final judgment on six grounds, three of which carry a six-month limit.

Full Text of Rule 805

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

(a) Relief from Judgment or Order. 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 804(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 made under subsection (b) must be made within a reasonable time, and for reasons (1), (2), and (3) no more than 6 months 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) set aside, as provided by law, within one year after judgment was entered, a judgment obtained against a party who was not personally served with summons and petition either in the state of Idaho or in any other jurisdiction, and who has failed to appear in the action; or

(3) set aside a judgment for fraud on the court.

End

Rule History

(Adopted March 29, 2021, effective July 1, 2021; amended June 12, 2023, effective July 1, 2023.)

Plain-English Summary

Rule 805 is the last route back into a closed case.

Clerical mistakes

The court may correct a clerical mistake, or a mistake arising from oversight or omission, whenever one is found in a judgment, order, or any other part of the record — on motion or on its own, with or without notice. No deadline at all. The one limit: after an appeal is docketed and while it is pending, correction requires the appellate court's leave.

Six grounds for relief

On motion and just terms, the court may relieve a party from a final judgment, order or proceeding for:

mistake, inadvertence, surprise, or excusable neglect;
newly discovered evidence that reasonable diligence could not have discovered in time to move for a new trial under Rule 804(b);
fraud — whether previously called intrinsic or extrinsic — misrepresentation, or misconduct by an opposing party;
the judgment is void;
the judgment has been satisfied, released, or discharged; rests on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or
any other reason that justifies relief.

The clock

A motion must be made within a reasonable time, and for the first three grounds no more than 6 months after entry of the judgment or order or the date of the proceeding. Rule 104(b)(3) forbids extending it.

Two consequences follow. First, "within a reasonable time" still governs grounds four through six — six months is a ceiling on the first three, not a floor for the rest. Second, the six-month limit is why Rule 303 matters: setting aside an entry of default needs only good cause, while a default judgment comes here.

And filing does not affect the judgment's finality or suspend its operation. The judgment stays enforceable while the motion is pending unless Rule 807 produces a stay.

What survives outside the rule

Rule 805 does not limit the court's power to entertain an independent action for relief; to set aside within one year a judgment against a party not personally served with summons and petition, in Idaho or anywhere, who failed to appear; or to set aside a judgment for fraud on the court.

The middle one deserves attention in family cases, where service by publication on an absent spouse is common. It is a separate, one-year route that does not depend on any of the six grounds.

Frequently Asked Questions

How long do I have to seek relief from a judgment?

Rule 805(c)(1) requires the motion to be made within a reasonable time, and for mistake or excusable neglect, newly discovered evidence, and fraud, no more than 6 months after entry of the judgment or order or the date of the proceeding.

Can a clerical error be fixed later?

Yes, at any time. Rule 805(a) allows the court to correct a clerical mistake or a mistake arising from oversight or omission whenever one is found, on motion or on its own, with or without notice, though after an appeal is docketed correction requires the appellate court's leave.

Does filing the motion stop enforcement?

No. Rule 805(c)(2) provides that the motion does not affect the judgment's finality or suspend its operation. Rule 807(b)(4) allows the court to stay enforcement pending disposition of the motion.

What if I was never personally served?

Rule 805(d)(2) preserves the court's power to set aside, as provided by law, within one year after judgment was entered, a judgment obtained against a party who was not personally served with summons and petition in Idaho or any other jurisdiction and who failed to appear.

Is fraud a ground for relief?

Yes. Rule 805(b)(3) covers fraud, whether previously called intrinsic or extrinsic, misrepresentation, or misconduct by an opposing party, and Rule 805(d)(3) separately preserves the power to set aside a judgment for fraud on the court.

Can I ask the court to reconsider its ruling on this motion?

No. Rule 503(b)(2) provides that no motion to reconsider an order entered on any motion under Rules 303, 801, 804 or 805 may be made.

Source & verification. Rule text and Rule History reproduced verbatim from the Idaho Rules of Family Law Procedure as published by the Idaho Supreme Court, current through amendments effective July 1, 2026. Promulgated by the Supreme Court of Idaho (Idaho Const. art. V, sec. 25). Last verified September 4, 2026. · Official text

Also known as: relief from judgmentsetting aside a judgmentexcusable neglect6 monthsvoid judgmentfraud on the courtclerical mistake