(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 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, 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.
Rule 60.Relief from Judgment or Order.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 60 lets a court correct clerical mistakes in a judgment at any time and, under a 60(b) motion, gives a party up to one year (or a reasonable time, for other grounds) to seek relief from a final judgment for mistake, newly discovered evidence, fraud, a void judgment, or other listed reasons.
Full Text of Rule 60
(b) Mistake; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and upon such terms as are just, the court may relieve a party or a 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 59(b);
(3) Fraud, 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 upon which the judgment 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. 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 subdivision (b) 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. The procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
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
Rule 60 lets a court fix mistakes in a judgment or give a party relief from a judgment already entered. Subdivision (a) covers clerical mistakes — slips of the pen, oversights, or omissions in a judgment, order, or the record — which the court can correct on its own or on a party’s motion, at any time, after whatever notice the court considers appropriate. Even while an appeal is pending, the trial court can still fix these mistakes before the case is docketed on appeal, and afterward with the appellate court’s permission.
Subdivision (b) is the broader relief-from-judgment provision, commonly called a 60(b) motion. It lets a party ask the court to set aside a final judgment, order, or proceeding for six reasons: mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence that diligence could not have turned up in time for a new-trial motion; fraud or other misconduct by the opposing party; a void judgment; a judgment that has been satisfied or reversed, or that is no longer equitable to enforce going forward; or any other reason justifying relief.
A 60(b) motion must be made within a reasonable time, and if it relies on mistake, newly discovered evidence, or fraud, no later than one year after the judgment, order, or proceeding was entered. Filing the motion does not by itself undo the judgment’s finality or pause its effect — the party still needs the court to act. Rule 60 also preserves a court’s independent power to hear a separate action attacking a judgment, including one alleging fraud on the court itself.
Frequently Asked Questions
What is a 60(b) motion?
It is a motion asking the court for relief from a final judgment, order, or proceeding under Rule 60(b). The six recognized grounds are mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence; fraud or misconduct by the other side; a void judgment; a judgment that has already been satisfied or reversed, or that is no longer equitable to enforce; or any other reason justifying relief.
How long do I have to file a motion for relief from judgment?
The motion must be made within a reasonable time. If it relies on mistake, newly discovered evidence, or fraud, it must also be filed no more than one year after the judgment, order, or proceeding was entered or taken.
Does filing a 60(b) motion stop the judgment from being enforced?
No, not by itself. Rule 60(b) says the motion does not affect the finality of the judgment or suspend its operation. A party who wants enforcement paused while the motion is pending needs a separate stay, which the court can grant in its discretion.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 60). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: 60(b) motionrelief from judgmentmotion to vacate judgment rhode islandclerical mistake in judgmentnewly discovered evidence motionfraud on the court motionone year deadline relief from judgmentrule 60 rhode island