(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.
Rule 60.Relief from a judgment or order
Title VIII: Post-Judgment Procedure · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 60 lets a court fix clerical mistakes at any time and, on motion, relieve a party from a final judgment for reasons ranging from excusable neglect and newly discovered evidence to fraud, a void judgment, or any other reason justice requires.
Full Text of Rule 60
(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 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) 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 complaint 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.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Rule 60 splits into two different kinds of fixes. Subsection (a) handles simple clerical errors and oversights in a judgment, order, or record, correctable by the court on its own or on motion, with or without notice, and without needing the heavier justification the rest of the rule demands. Once an appeal has been docketed, though, even this kind of correction needs the appellate court's permission.
Subsection (b) is the well-known "60(b) motion," a party's request for relief from a final judgment or order on substantive grounds: mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence that reasonable diligence could not have found in time for a new trial motion; fraud or misrepresentation by the opposing side; a judgment that is void; a judgment already satisfied, released, or built on a reversed earlier judgment; or, as a catch-all, any other reason that justifies relief. The first three grounds carry a hard outer limit of six months after entry of the judgment or order, on top of the general requirement that any 60(b) motion be filed within a reasonable time. Filing the motion does not pause the judgment's finality or stop it from operating while the motion is pending.
Rule 60 does not claim to be the only route to relief. Subsection (d) preserves a court's power to entertain an independent action attacking a judgment, to set aside within one year a judgment against a party who was never personally served and never appeared, and to set aside a judgment obtained through fraud on the court itself, a power that carries no fixed deadline because it protects the integrity of the judicial process rather than just one party's interests.
Frequently Asked Questions
What is a "60(b) motion"?
It is a motion asking the court to relieve a party from a final judgment or order for one of the reasons listed in Rule 60(b), such as excusable neglect, newly discovered evidence, fraud, a void judgment, a satisfied judgment, or any other reason that justifies relief.
How long does a party have to file a motion for relief from judgment?
Every 60(b) motion must be filed within a reasonable time. For the first three grounds, mistake or excusable neglect, newly discovered evidence, and fraud, there is also a hard cap of six months after the judgment or order was entered.
What counts as excusable neglect under Rule 60?
The rule groups mistake, inadvertence, surprise, and excusable neglect together as the first ground for relief; each describes a party missing a deadline or step in the case for reasons that were not a deliberate or careless choice, judged case by case.
Can newly discovered evidence justify undoing a judgment?
Yes, if the evidence could not have been discovered with reasonable diligence in time to support a motion for new trial under Rule 59(b), it can support relief from the judgment under Rule 60(b)(2).
Does filing a motion to set aside a judgment stop the judgment from being enforced?
No. The rule specifically says the motion does not affect the judgment's finality or suspend its operation, so the judgment remains effective while the motion is pending unless a separate stay is obtained.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as: 60(b) motionrelief from judgmentmotion to set aside judgmentexcusable neglectnewly discovered evidencevoid judgment motion