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 motion or on the motion of any party and after such notice to all parties who have appeared, if any, as the court orders. During the pendency of an appeal, a judgment may be corrected as provided in subsection (2) of section B. of this rule.
Rule 71.Relief from Judgment or Order
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 71 lets a party ask a court to correct clerical mistakes in a judgment at any time, or to set aside a judgment for reasons like mistake, newly discovered evidence, fraud, or a void judgment, replacing Oregon’s old common-law writs with a single motion procedure.
Full Text of Rule 71
B. MISTAKES; INADVERTENCE; EXCUSABLE NEGLECT; NEWLY DISCOVERED EVIDENCE, ETC.
(1) By motion. On motion and upon such terms as are just, the court may relieve a party or such party's legal representative from a judgment for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 64F; (c) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (d) the judgment is void; or (e) 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. A motion for reasons (a), (b), and (c) shall be accompanied by a pleading or motion under Rule 21A which contains an assertion of a claim or defense. The motion shall be made within a reasonable time, and for reasons (a), (b), and (c) not more than one year after receipt of notice by the moving party of the judgment. A copy of a motion filed within one year after the entry of the judgment shall be served on all parties as provided in Rule 9B, and all other motions filed under this rule shall be served as provided in Rule 7. A motion under this section does not affect the finality of a judgment or suspend its operation.
(2) When appeal pending. A motion under sections A or B may be filed with and decided by the trial court during the time an appeal from a judgment is pending before an appellate court. The moving party shall serve a copy of the motion on the appellate court. The moving party shall file a copy of the trial court's order in the appellate court within seven days of the date of the trial court order. Any necessary modification of the appeal required by the court order shall be pursuant to rule of the appellate court.
C. RELIEF FROM JUDGMENT BY OTHER MEANS This rule does not limit the inherent power of a court to modify a judgment within a reasonable time, or the power of a court to entertain an independent action to relieve a party from a judgment, or the power of a court to grant relief to a defendant under Rule 7D(6)(d), or the power of a court to set aside a judgment for fraud upon the court.
D. WRITS AND BILLS ABOLISHED Writs of coram nobis, coram vobis, audita querela, bills of review, and bills in the nature of a bill of review are abolished, and the procedure for obtaining any relief from a judgment shall be by motion or by an independent action.
Amendment History
[CCP 12/13/80; §§ A, B(2) amended by CCP 12/10/88 and 1/6/89; § B(1) amended by CCP 12/11/10 eff. 1/1/12 § C amended by 2021 c.97, § 2 , eff. 1/1/22.]
Plain-English Summary
Rule 71 gives a court three separate paths to fix a judgment or order after it’s entered. The first, in section A, covers clerical slips — typos, miscalculations, and similar errors that don’t reflect what the court decided. A judge can fix these without a motion or on a party’s motion, at any time, after giving notice to whichever parties have appeared in the case.
The second path, in section B, covers grounds that go to the merits of the judgment itself: mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence that couldn’t have been found in time for a new-trial motion; fraud or other misconduct by the opposing party; a judgment that’s void; or a judgment that’s already been satisfied or released, rests on an earlier judgment that’s since been reversed, or no longer deserves prospective effect. The first three grounds — mistake, new evidence, and fraud — carry a hard one-year outer limit measured from when the moving party received notice of the judgment, and a motion on those grounds must come with a pleading or motion setting out the claim or defense the party wants to raise. The last two grounds — a void judgment, or one that’s been satisfied, reversed, or become unfair to keep enforcing — carry no one-year cutoff; every ground still has to be raised within a reasonable time, but for those two, that window can run longer than a year depending on the circumstances.
A party can bring either kind of motion — a clerical-mistake correction under section A or a substantive motion under section B — in the trial court even while an appeal of the same judgment is pending in a higher court, though the moving party has to notify the appellate court and file a copy of the trial court’s order there within seven days of the date it’s entered. Section C makes clear this rule doesn’t cut off a court’s other ways of granting relief: its inherent power to modify a judgment, an independent lawsuit attacking the judgment, relief under Rule 7 D(6)(d) for a defendant who was served by a court-ordered alternative method and may never have learned of the case, or setting aside a judgment obtained through fraud on the court itself. Section D retires a set of centuries-old writs — coram nobis, coram vobis, audita querela, and bills of review — folding whatever relief they once offered into the motion procedure this rule sets out.
Frequently Asked Questions
How long do I have to file a motion under Rule 71?
It depends on the ground. For mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence; or fraud or misconduct by the other side, you must file within a reasonable time and no later than one year after you received notice of the judgment. For a void judgment, or one that’s been satisfied, released, discharged, or based on an earlier judgment that’s since been reversed, or that’s no longer fair to keep enforcing, there’s no one-year cutoff — you still have to act within a reasonable time, but that window isn’t capped at a year. Correcting a clerical mistake under section A has no deadline at all.
Does filing a Rule 71 motion stop the other side from enforcing the judgment?
No. The rule states that a motion under section B doesn’t affect the finality of the judgment or suspend its operation. A party who wants to pause enforcement while the motion is pending needs a separate stay under Rule 72.
Can I fix a typo or calculation error in a judgment without filing a formal motion?
Clerical mistakes in a judgment, order, or other part of the record — the kind that come from oversight or omission rather than a legal error — can be corrected by the court on its own, or on a party’s motion, at any time. There’s no one-year limit for this kind of fix, though the court gives notice to any parties who have appeared before making the correction.
What has to accompany a Rule 71 motion based on mistake, new evidence, or fraud?
A motion raising mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence; or fraud, misrepresentation, or other misconduct must come with a pleading or motion that spells out the claim or defense the moving party wants to pursue once the judgment is set aside.
Are old remedies like coram nobis or a bill of review still available in Oregon?
No. Rule 71 abolishes writs of coram nobis, coram vobis, and audita querela, along with bills of review and bills in the nature of a bill of review. Any relief those procedures once offered now has to come through a motion under this rule or an independent action.
Can the trial court fix a judgment while an appeal of it is still pending?
Yes. A motion under section A or section B can be filed with and decided by the trial court while an appeal from the judgment is pending before an appellate court. The moving party has to serve a copy of the motion on the appellate court, and once the trial court rules, a copy of that order has to be filed with the appellate court within seven days.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 71). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. ·
Official source
Also known as: oregon 60(b) motion equivalenthow to set aside a judgment in oregonrelief from default judgment oregonvacate a judgment in oregonexcusable neglect motion oregonnewly discovered evidence motion oregon