Rule 60.Relief From Judgment or Order

Last amended July 1, 1970 · Last verified July 1, 2026

In one sentenceRule 60 lets a court correct clerical mistakes in a judgment at any time, and separately lets a party ask the court, within set time limits, for relief from a final judgment on grounds like mistake, newly discovered evidence, fraud, or any other reason justifying relief.

Full Text of Rule 60

Text sizeJump to: (A) (B)

(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 court at any time on 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, such 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 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 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

(5) Any other reason justifying relief from 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 subdivision (B) does not affect the finality of a judgment or suspend its operation.

The procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules.

End

Amendment History

Effective Date: July 1, 1970

Plain-English Summary

Division (A) lets the court correct clerical mistakes in a judgment, order, or other part of the record, and any errors arising from oversight or omission, at any time on its own initiative or on a party's motion, with or without notice as the court directs. Once an appeal has been docketed with the appellate court, such mistakes may be corrected only with that court's leave.

Division (B) lets a party move for relief from a final judgment, order, or proceeding on one of five grounds: mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence that couldn't have been discovered in time to move for a new trial; fraud, misrepresentation, or other misconduct of an adverse party; satisfaction, release, or discharge of the judgment, reversal or vacation of a prior judgment it rests on, or the judgment's prospective application no longer being equitable; or any other reason justifying relief. The motion must be made within a reasonable time, and for the first three grounds, not more than one year after the judgment, order, or proceeding was entered or taken. A motion under this division doesn't affect the finality of the judgment or suspend its operation, and doesn't substitute for an appeal.

Frequently Asked Questions

What's the difference between correcting a clerical mistake and getting relief from judgment?

A clerical mistake under Rule 60(A) is an inadvertent, mechanical error the court can fix at any time. Relief from judgment under Rule 60(B) addresses substantive problems with the judgment itself and is available only on specific grounds and within set time limits.

How long does a party have to move for relief from judgment based on excusable neglect?

A reasonable time, not to exceed one year after the judgment, order, or proceeding was entered or taken.

Does filing a Rule 60(B) motion pause the deadline to appeal?

No. A motion for relief from judgment doesn't affect the judgment's finality or suspend its operation, and it isn't a substitute for a timely appeal.

Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 60). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: relief from judgmentclerical mistakemotion to vacate60(b) motion