Rule 60.Relief From Judgment or Order.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 60
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Subdivision (a) handles slips of the pen. Clerical mistakes in judgments, orders or other parts of the record, and errors arising from oversight or omission, may be corrected at any time, on the court's own initiative or on any party's motion, after whatever notice the court orders. While an appeal is pending, the correction may be made before the appeal is docketed in the appellate court, and after that with leave of the appellate court.
Subdivision (b) is the substantive route out of a final judgment, order or proceeding. Six grounds: mistake, inadvertence, surprise or excusable neglect; newly discovered evidence that due diligence could not have uncovered in time to move for a new trial under Rule 59(b); fraud, misrepresentation or other misconduct of an adverse party; a void judgment; a judgment that has been satisfied, released or discharged, or that rests on a prior judgment since reversed or vacated, or that is no longer equitable to apply going forward; and any other reason justifying relief.
Time is the gate. Every motion must be made within a reasonable time, and the first three grounds carry an outer limit of one year after the judgment, order or proceeding was entered or taken. Both limits apply, so a motion filed inside the year can still fail if the delay was not reasonable.
Filing changes nothing by itself. A motion under subdivision (b) does not affect the finality of the judgment or suspend its operation, so enforcement continues unless the court grants a stay. The rule also leaves intact an independent action to relieve a party from a judgment and the court's power to set aside a judgment for fraud upon the court.
Frequently Asked Questions
How long do I have to ask the court to undo a judgment?
The motion must come within a reasonable time in every case. For mistake, inadvertence, surprise or excusable neglect, for newly discovered evidence, and for fraud or misconduct by an adverse party, the outer limit is one year after the judgment, order or proceeding was entered or taken.
What reasons will support relief from a judgment?
Subdivision (b) lists six: mistake, inadvertence, surprise or excusable neglect; newly discovered evidence due diligence could not have found in time to move under Rule 59(b); fraud, misrepresentation or other misconduct of an adverse party; a void judgment; a judgment satisfied, released, discharged, built on a reversed prior judgment, or no longer equitable to apply going forward; and any other reason justifying relief.
Does filing a motion to vacate stop the other side from enforcing the judgment?
Not on its own. The rule says a motion under subdivision (b) does not affect the finality of a judgment or suspend its operation. Rule 62(b) lets the court stay enforcement while the motion is pending, but that takes an order.
Can a typing error in my family court order be corrected?
Yes. Subdivision (a) lets the court correct clerical mistakes and errors from oversight or omission at any time, on its own initiative or on a party's motion, after whatever notice the court orders. During an appeal it can be done before docketing, and afterward with leave of the appellate court.
Is a motion the only way to attack a judgment under this rule?
No. The rule preserves the court's power to entertain an independent action for relief from a judgment, order or proceeding, and its power to set aside a judgment for fraud upon the court.