Rule 60.Relief from judgment or order.
Last verified July 3, 2026
Full Text of Rule 60
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.