Rule 1-060.Relief from judgment or order

Last amended December 31, 2025 · Last verified June 26, 2026

In one sentenceRule 1-060 lets the court correct clerical mistakes and relieve a party from a final judgment for reasons such as mistake, newly discovered evidence, fraud, voidness, or other justifying grounds.

Full Text of Rule 1-060

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A. Clerical mistakes. Clerical mistakes and errors in judgments, orders, or parts of the record arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, these mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

B. Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc. On motion and on such terms as are just, the court may relieve a party or the party’s 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 1-059 NMRA;

(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 on 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, including failure of a party who was subject to the provisions of Rule 1-009(J) NMRA to comply with Rules 1-009(J)(1) and 1-017(E) NMRA, and to substantially comply with Form 4-226 NMRA, or to comply with Rule 1-009(J)(2) and 1-017(E), and to substantially comply with Form 4-226A. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one (1) year after the judgment, order, or proceeding was entered or taken. A motion under this paragraph 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. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the proceeding for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

End

Rule History

[As amended by Supreme Court Order No. 13-8300-032, effective in all cases pending or filed on or after December 31, 2013; as amended by Supreme Court Order No. 16-8300-031, effective for all cases pending or filed on or after July 1, 2017; as amended by Supreme Court Order No. S-1-RCR-2025-00174, effective for all cases pending or filed on or after December 31, 2025]

Committee Commentary

Under Rule 12-201(D)(4) NMRA, a timely filed notice of appeal does not divest the district court of jurisdiction to dispose of any timely filed motion under Rules 1-050, 1-052, or 1-059 NMRA, or a Rule 1-060 NMRA motion filed within thirty (30) days after the filing of a judgment. The notice of appeal becomes effective when the last such motion is disposed of expressly by an order of the district court, is automatically denied, or is withdrawn.

2016 amendment

Deutsche Bank Nat’l Trust Co. v. Johnston, 2016-NMSC-013, ¶ 34, 369 P.3d 1046 provides that a judgment “is not voidable under Rule 1-060(B) [NMRA] due to a lack of prudential standing.” (Emphasis added). The amendment to Rule 1-060(B)(6) provides a ground for relief in consumer debt litigation separate from the relief from voidable judgments under Rule 1-060(B)(4).

Rule 1-060(B)(6) now provides that non-compliance with the requirements of Rule 1-009(J)(2) NMRA or Rule 1-017(E) NMRA or the failure to have substantially complied with Form 4-226 NMRA can provide a basis for granting relief from a judgment entered in a case controlled by Rule 1-009(J). The addition of this language provides a ground for relief but does not compel the district court to grant relief in every case in which the movant shows non-compliance with these consumer debt provisions. In addition to the requirement of Rule 1-060(B)(6) that the movant file the motion within a reasonable time, the movant must also demonstrate that it has a meritorious defense. See Rodriguez v. Conant, 1987-NMSC-040, ¶ 18, 105 N.M. 746, 737 P.2d 527. When these requirements are met, the court may exercise discretion to determine whether intervening equities or other considerations outweigh the desire “that the ultimate result will address the true merits and substantial justice will be done.” Phelps Dodge Corp. v. Guerra, 1978-NMSC-053, ¶¶ 15, 20, 21, 92 N.M. 47, 582 P.2d 819.

In contrast, a Rule 1-060(B)(4) motion to void the judgment can be brought at any time, does not permit the trial court to exercise discretion to deny the motion, Classen v. Classen, 1995-NMCA-022, ¶¶ 10, 13, 119 N.M. 582, 893 P.2d 478, and does not require proof of a meritorious defense. Peralta v. Heights Med. Ctr., Inc., 485 U.S. 80, 86-87, 108 S. Ct. 896, 900, 99 L. Ed. 2d 75 (1988).

2025 amendment

In 2016, the Supreme Court amended Rule 1-009 NMRA, by adding Rule 1-009(J) NMRA, which provides a pleading rule that applies to “consumer debt” claims including actions seeking to recover for “medical bills.” In 2025, the Supreme Court amended Rule 1-009(J) NMRA, modifying the pleading rules that apply to consumer debt claims and creating a separate pleading rule for collection actions pursuing “medical debt” as defined in the Patients’ Debt Collection Protection Act, NMSA 1978, Section 57-32-2(I) (2021).

[As amended by Supreme Court Order No. 13-8300-032; as amended by Supreme Court Order No. 16-8300-031; as amended by Supreme Court Order No. S-1-RCR-2025-00174.]

Plain-English Summary

This rule is the route to undo a judgment. Clerical mistakes arising from oversight may be corrected by the court at any time, on its own or on motion. On motion and just terms, the court may relieve a party from a final judgment for mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence that diligence could not have found in time for a new trial; fraud, misrepresentation, or misconduct of an adverse party; a void judgment; a judgment that has been satisfied or is no longer equitable; or any other reason justifying relief.

The motion must be made within a reasonable time, and for the first three grounds no more than one year after the judgment. The motion does not by itself affect the judgment’s finality or suspend its operation, and the rule preserves an independent action for relief or to set aside a judgment for fraud on the court, while abolishing the old common-law writs. As the committee commentary explains, the catch-all ground was expanded in 2016 and 2025 to address non-compliance with the consumer-debt pleading requirements.

Frequently Asked Questions

What are the grounds for relief from a judgment?

Mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence; fraud or misconduct; a void judgment; a judgment that has been satisfied or is no longer equitable; or any other reason justifying relief.

How long do I have to seek relief from a judgment?

Within a reasonable time—and for mistake, newly discovered evidence, or fraud, no more than one year after the judgment was entered.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-060 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: relief from judgment60(b) motionset aside judgmentvoid judgmentexcusable neglectclerical mistakesnewly discovered evidence