(a) Clerical mistakes. – Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the judge at any time on his own initiative or on the motion of any party and after such notice, if any, as the judge orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate division, and thereafter while the appeal is pending may be so corrected with leave of the appellate division.
Rule 60.Relief from judgment or order.
Last verified July 3, 2026
In one sentenceRule 60 lets a court fix clerical mistakes in a judgment at any time, and lets a party get relief from a final judgment for reasons like mistake, newly discovered evidence, fraud, a void judgment, or any other reason justifying relief, most within a one-year window.
Full Text of Rule 60
(b) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc. – On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons:
(1) Mistake, inadvertence, surprise, or excusable neglect;
(2) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b);
(3) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(4) The judgment is void;
(5) The judgment 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
(6) Any other reason justifying relief from the operation of the judgment.
The motion shall be made within a reasonable time, and for reasons (1), (2) and (3) not more than one year after the judgment, order, or proceeding was entered or taken. A motion under this section does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court. The procedure for obtaining any relief from a judgment, order, or proceeding shall be by motion as prescribed in these rules or by an independent action.
(c) Judgments rendered by the clerk. – The clerk may, in respect of judgments rendered by himself, exercise the same powers authorized in sections (a) and (b). The judge has like powers in respect of such judgments. Where such powers are exercised by the clerk, appeals may be had to the judge in the manner provided by law.
Amendment History
(1967, c. 954, s. 1.)
Plain-English Summary
Rule 60(a) lets the judge correct clerical mistakes -- and errors from oversight or omission -- in judgments, orders, or other parts of the record, at any time, on the court's own initiative or a party's motion, with whatever notice the judge orders; such mistakes can be corrected before an appeal is docketed without restriction, and after docketing with the appellate division's leave.
Rule 60(b) lets the court, on motion and on just terms, relieve a party from a final judgment, order, or proceeding for: mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence that reasonable diligence couldn't have produced in time for a Rule 59(b) motion; fraud (whether called intrinsic or extrinsic), misrepresentation, or other misconduct by an adverse party; a void judgment; a judgment that's been satisfied, released, or discharged, or whose underlying judgment has been reversed or vacated, or that's no longer equitable to apply prospectively; or any other reason justifying relief from the judgment. The motion must be made within a reasonable time, and for the first three grounds specifically, no more than one year after the judgment, order, or proceeding. A Rule 60(b) motion doesn't affect the judgment's finality or suspend it, and the rule doesn't limit a court's power to entertain an independent action for relief from a judgment or to set aside a judgment for fraud on the court -- relief is available either by motion under these rules or by an independent action.
Rule 60(c) gives the clerk the same powers described in (a) and (b) over judgments the clerk rendered, and gives the judge the same powers over those judgments too, with an appeal from the clerk's exercise of that power going to the judge.
Frequently Asked Questions
Is there a deadline to fix a clerical mistake in a judgment?
No. Rule 60(a) lets the court correct clerical mistakes and oversight-or-omission errors at any time.
How long does a party have to move for relief from judgment based on mistake or newly discovered evidence?
Within a reasonable time, and no more than one year after the judgment, order, or proceeding for mistake, newly discovered evidence, or fraud specifically.
Is a motion under Rule 60(b) the only way to get relief from a judgment?
No. Rule 60(b) preserves a court's power to hear an independent action for relief from a judgment, or to set aside a judgment for fraud on the court.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 60). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: relief from judgmentRule 60(b) motionclerical mistake correctionvoid judgment reliefone year deadline relief from judgmentexcusable neglect reliefindependent action to set aside judgmentnewly discovered evidence relief from judgment