(a) Clerical mistakes. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. After a notice of appeal has been filed and while the appeal is pending, the mistake may be corrected only with leave of the appellate court.
Rule 60.Relief from judgment or order
Part VII: Judgment · Last amended November 1, 2024 · Last verified July 13, 2026
In one sentenceRule 60 is Utah's version of the federal Rule 60(b) motion — it lists the grounds, deadlines, and standards for undoing a judgment after it's already final.
Full Text of Rule 60
(b) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc. On motion and upon just terms, the court may relieve a party or its legal representative from a 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 previously called intrinsic or extrinsic), misrepresentation, or other misconduct of an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or vacated, or it is no longer equitable that the judgment should have prospective application; or
(6) any other reason that justifies relief.
(c) Timing and effect of the motion. A motion under paragraph (b) must be filed within a reasonable time and for reasons in paragraph (b)(1), (2), or (3), not more than 90 days after entry of the judgment or order or, if there is no judgment or order, from the date of the proceeding. The motion does not affect the finality of a judgment or suspend its operation.
(d) Other power to grant relief. This rule does not limit the power of a court to entertain an independent action:
(1) to relieve a party from a judgment, order, or proceeding; or
(2) to set aside a judgment for fraud upon the court.
Amendment History
Amended effective April 1, 1998; May 1, 2014; May 1, 2016; November 1, 2024.
Advisory Committee Notes
Advisory Committee Notes
The 1998 amendment eliminates as grounds for a motion the following: ‘(4) when, for any cause, the summons in an action has not been personally served upon the defendant as required by Rule 4(e) and the defendant has failed to appear in said action.‘ This basis for a motion is not found in the federal rule. The committee concluded the clause was ambiguous and possibly in conflict with rule permitting service by means other than personal service.
2016 amendments.
The deadlines for a motion are as stated in this rule, but if a motion under paragraph (b) is filed within 28 days after the judgment, it will have the same effect on the time to appeal as a motion under Rule 50, 52, or 59. See the 2016 amendments to Rule of Appellate Procedure 4(b).
Plain-English Summary
Some judgments need fixing after the fact. Rule 60 splits that problem into two tracks. Clerical mistakes — slips of the pen or oversights in a judgment, order, or the record — can be corrected any time, on a motion or by the court's own initiative, with or without notice. That's an easy fix for typos and simple errors; once a notice of appeal is filed, though, correcting the mistake takes the appellate court's permission.
The harder cases go through paragraph (b): on motion and on just terms, a court can relieve a party from a judgment, order, or proceeding for mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence that diligence couldn't have found in time for a Rule 59(b) new-trial motion; fraud, misrepresentation, or other misconduct by an opposing party; a judgment that's void; a judgment that's already been satisfied or released, rests on an earlier judgment that's since been reversed, or would no longer be equitable to keep enforcing; or any other reason that justifies relief. The first three grounds carry a hard outer limit — the motion must be filed within 90 days of the judgment, order, or proceeding, and always within a reasonable time regardless of ground. Filing the motion doesn't pause the judgment's finality or its effect. And Rule 60 doesn't box in a court's inherent power to hear an independent action to set aside a judgment obtained through fraud on the court, or otherwise grant relief outside the rule's own deadlines.
Frequently Asked Questions
What's the difference between fixing a clerical mistake and asking for relief under paragraph (b)?
Clerical mistakes — typos, oversights, and similar slips in a judgment or the record — can be corrected at any time, even by the court on its own. The six grounds in paragraph (b), like fraud or excusable neglect, go to the substance of the judgment itself and come with real deadlines.
How long do I have to file a 60(b) motion?
It depends on the ground. For mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, or fraud, you must file within 90 days of the judgment or order. Every ground under paragraph (b), including a void judgment or any other justifying reason, must still be filed within a reasonable time.
Can I reopen a case because I found new evidence after the judgment?
Only if that evidence couldn't have been discovered with due diligence in time to raise it in a Rule 59(b) new-trial motion, and only if you file within 90 days of the judgment.
What if the judgment I want to challenge is void?
A void judgment is its own ground for relief under paragraph (b)(4), separate from the 90-day grounds. It still must be raised within a reasonable time and on just terms.
My 90 days already passed. Am I out of options?
Not necessarily. Paragraph (b) also lets a court set aside a judgment that's void, already satisfied, based on a reversed prior judgment, no longer equitable to enforce, or for any other reason justifying relief — none of which are limited to 90 days, though they still must be raised within a reasonable time. Rule 60 also preserves a court's power to hear an independent action to set aside a judgment obtained by fraud on the court.
Does filing a Rule 60 motion pause my judgment or my appeal deadline?
The motion doesn't affect the judgment's finality or suspend its operation. But if it's filed within 28 days of the judgment, it has the same effect on the time to appeal as a timely motion under Rule 50, 52, or 59.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
Also known as: 60(b) motion utahrelief from judgment utahvacate a judgment utahreopen a case utahurcp 60set aside default judgment utahvoid judgment utahexcusable neglect utah civil procedurefraud on the court utah