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Rule 60.02.Relief by motion on grounds of mistake, newly discovered evidence, fraud, etc.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceRule 60.02 lets a Kentucky court relieve a party from a final judgment, order, or proceeding on six grounds ranging from mistake and newly discovered evidence to fraud, a void or satisfied judgment, or other extraordinary reasons, with motions required within a reasonable time and, for the mistake, newly-discovered-evidence, and perjury grounds, no more than one year after entry.

Full Text of Rule 60.02

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On motion a court may, upon such terms as are just, relieve a party or his legal representative from its final judgment, order, or proceeding upon the following grounds: (a) mistake, inadvertence, surprise or excusable neglect; (b) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59.02; (c) perjury or falsified evidence; (d) fraud affecting the proceedings, other than perjury or falsified evidence; (e) the judgment is void, or 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 (f) any other reason of an extraordinary nature justifying relief. The motion shall be made within a reasonable time, and on grounds (a), (b), and (c) not more than one year after the judgment, order, or proceeding was entered or taken. A motion under this rule does not affect the finality of a judgment or suspend its operation.

Amendment History

(Amended October 18, 1977, effective January 1, 1978.)

Plain-English Summary

CR 60.02 is Kentucky's safety valve for final judgments that turn out to be wrong for reasons the normal appeal process cannot reach. It lists six grounds a court may act on: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence that due diligence could not have turned up in time for a new-trial motion under CR 59.02; (c) perjury or falsified evidence; (d) fraud affecting the proceedings other than perjury or falsified evidence; (e) a judgment that is void, has been satisfied, released, or discharged, rests on an earlier judgment that has since been reversed or vacated, or should no longer apply going forward on equitable grounds; and (f) any other reason of an extraordinary nature justifying relief.

Timing works differently depending on the ground. Every motion under this rule has to be made within a reasonable time. For the first three grounds, mistake, newly discovered evidence, and perjury or falsified evidence, there is an added hard cap: the motion cannot come more than one year after the judgment, order, or proceeding was entered or taken. The fraud, void-judgment, and extraordinary-reason grounds carry no one-year cap, only the reasonable-time requirement.

Filing a CR 60.02 motion does not pause anything on its own. The rule states that the motion does not affect the finality of the judgment or suspend its operation, so the judgment stays in force, and enforceable, while the motion is pending unless the court orders otherwise.

Frequently Asked Questions

How long do I have to file a Rule 60.02 motion for mistake or newly discovered evidence in Kentucky?

The motion has to be made within a reasonable time, and for grounds (a) mistake, inadvertence, surprise, or excusable neglect, (b) newly discovered evidence, and (c) perjury or falsified evidence, not more than one year after the judgment, order, or proceeding was entered or taken.

Is there a one-year deadline for a 60.02 motion based on fraud or an extraordinary reason?

No. The one-year cap applies only to grounds (a), (b), and (c). The fraud ground under (d), the void or satisfied judgment ground under (e), and the extraordinary-reason ground under (f) are subject only to the requirement that the motion be made within a reasonable time.

Does filing a CR 60.02 motion stop enforcement of the judgment?

No. The rule states that a motion under CR 60.02 does not affect the finality of a judgment or suspend its operation.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 60.02). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
Also known as: Kentucky CR 60.02relief from judgment Kentuckymotion for newly discovered evidence Kentuckyone year deadline to reopen judgment Kentuckyfraud on the court Kentucky civil procedureCR 60.02 grounds explained