Rule 60.Relief from judgment or order

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 60 lets a court correct clerical mistakes in a judgment at any time, and -- on the six specific grounds it lists, generally within a reasonable time and no more than a year for the first three -- relieve a party from a final judgment or order, while preserving independent actions for relief, relief for defendants never personally notified, and relief for fraud on the court, and abolishing the old common-law writs that once served this purpose.

Full Text of Rule 60

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Corrections based on clerical mistakes; oversights and omissions. 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. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court's leave.

(b) Grounds for relief from a final judgment, order, or proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(1) mistake, inadvertence, surprise, unavoidable cause or excusable neglect;

(2) newly discovered evidence that, with reasonable 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 misconduct by an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6) any other reason that justifies relief.

(1) Timing. A motion under Rule 60(b) shall be made within a reasonable time—and for reasons (1), (2) and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.

(2) Effect on finality. The motion does not affect the judgment's finality or suspend its operation.

(d) Other powers to grant relief. This rule does not limit a court's power to:

(1) entertain an independent action to relieve a party from a judgment, order, or proceeding;

(2) grant relief to a defendant who was not personally notified of the action; or

(3) set aside a judgment for fraud on the court.

(e) Bills and writs abolished. The following are abolished: bills of review, bills in the nature of bills of review, writs of coram nobis, coram vobis and audita querela.

End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia 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 January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

Judgments aren't always the last word. Rule 60(a) lets the court fix a clerical mistake — or one from oversight or omission — in a judgment or order at any time, on its own or on motion, though once an appeal is pending the appellate court's permission is needed first.

Rule 60(b) goes further, letting a party get relief from a final judgment on six grounds: mistake, inadvertence, surprise, unavoidable cause, or excusable neglect; newly discovered evidence that couldn't have been found in time for a new-trial motion; fraud or misconduct by the opposing party; a void judgment; a judgment that's been satisfied or reversed, or whose prospective application is no longer equitable; or any other reason justifying relief. The motion has to come within a reasonable time — and for the first three grounds, no later than a year after the judgment or order — and filing it doesn't pause the judgment's finality or its operation.

None of this displaces older, independent paths to relief: a separate action to be relieved from a judgment, relief for a defendant who was never personally notified of the case, or setting aside a judgment obtained through fraud on the court itself all remain available. What Rule 60(e) does eliminate outright are the old common-law devices that used to do this work — bills of review, bills in the nature of review, and the writs of coram nobis, coram vobis, and audita querela are all abolished.

Frequently Asked Questions

How long do I have to move for relief from a judgment under Rule 60(b)?

Within a reasonable time — and for mistake, newly discovered evidence, or fraud specifically, no more than a year after the judgment or order.

Does filing a Rule 60(b) motion pause the judgment while it's pending?

No. Rule 60(c)(2) says the motion doesn't affect the judgment's finality or suspend its operation.

Can I still bring an independent lawsuit to set aside a judgment?

Yes. Rule 60(d) preserves a court's power to entertain an independent action for relief, grant relief to a defendant who was never personally notified, or set aside a judgment for fraud on the court.

Are old writs like coram nobis still available in West Virginia civil cases?

No. Rule 60(e) abolishes bills of review, bills in the nature of bills of review, and the writs of coram nobis, coram vobis, and audita querela.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 60). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: relief from judgmentRule 60(b) motionnewly discovered evidence motionvoid judgmentcoram nobis abolished