Rule 2-535.Revisory power
Circuit Court · Last amended April 1, 2022 · Last verified July 13, 2026
Full Text of Rule 2-535
Amendment History
Amended Nov. 12, 2003, effective Jan. 1, 2004; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007; February 9, 2022, effective April 1, 2022.
Committee Note & Source
Committee note. When reviewing a motion to vacate a judgment based on a party’s failure to appear at a proceeding, the court must consider relevant emergency circumstances that contributed to the failure to appear, if presented with information by the moving party. In the event of a public health or other declared emergency, factors to consider include lack of transportation due to the emergency, lack of access to a platform to participate in a remote proceeding, stay-at-home or quarantine orders issued by a governmental authority, or a medically verifiable immunocompromised status of the party or a member of the party’s household.
Plain-English Summary
Rule 2-535 covers four distinct ways a judgment can come back before the court that entered it. Under the general revisory power in section (a), any party can move within 30 days after judgment to have the court reconsider it, and if the case was tried without a jury, the court can do anything it could have done under Rule 2-534. Section (c) offers a narrower path for newly-discovered evidence: a party who couldn't have found the evidence through due diligence in time to file a Rule 2-533 new trial motion can still move within 30 days of judgment for a new trial on that ground. Section (d) handles clerical mistakes in judgments, orders, or the record — the court can fix those on its own or on motion, at any time, with whatever notice the court orders. During a pending appeal, clerical corrections can be made freely before the case is docketed in the appellate court, and only with that court's permission afterward.
Section (b) stands apart because it carries no deadline at all: a party can move at any time to have the court exercise its revisory power over a judgment obtained through fraud, mistake, or irregularity. A Committee note ties this section to Code, Courts Article § 6-408, meaning the rule is meant to reach at least as far as that statute does. This is Maryland's principal tool for undoing a judgment tainted by misconduct or a serious procedural defect that an ordinary appeal wouldn't reach — the state's counterpart to relief-from-judgment practice elsewhere. A separate Committee note directs courts weighing a motion to vacate based on a party's failure to appear to consider relevant emergency circumstances the moving party puts forward — things like a lack of transportation, no access to a remote-hearing platform, a government stay-at-home or quarantine order, or a medically verifiable immunocompromised status in the party's household.
Frequently Asked Questions
How long do I have to ask the court to revise a judgment under Rule 2-535(a)?
30 days after entry of judgment.
Is there a deadline for a motion based on fraud, mistake, or irregularity?
No. Section (b) sets no time limit — a party can move at any time.
Is Rule 2-535 Maryland's version of relief from judgment?
Section (b) functions that way. It lets a party reopen a judgment tainted by fraud, mistake, or irregularity with no filing deadline, covering ground that an ordinary appeal wouldn't reach.
What if I find new evidence after my ten-day deadline for a new trial motion has passed?
Section (c) gives you a second chance: if the evidence couldn't have been found through due diligence in time for a Rule 2-533 motion, you can move for a new trial on that ground within 30 days of judgment.
Can clerical mistakes in a judgment be corrected at any time?
Yes, on the court's own initiative or on motion, with whatever notice the court orders. During a pending appeal, the correction can be made freely before the case is docketed, and only with the appellate court's permission after that.
Does the court have to consider why I missed a hearing before vacating a default against me?
The Committee note to section (b) says the court must consider relevant emergency circumstances the moving party presents — such as transportation problems, lack of access to a remote proceeding, a stay-at-home or quarantine order, or a medically verifiable immunocompromised status in the party's household.