Rule 60.Relief from a judgment or order
Group VII: Judgment · Last amended March 1, 2017 · Last verified July 14, 2026
Full Text of Rule 60
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
Rule 60 splits into two different powers, and it helps to keep them apart. Subsection (a) covers clerical slips: a wrong date, a miscopied figure, a name spelled wrong in the judgment itself. The court can fix these on its own or on a party’s motion, with or without notice, because nothing about the underlying decision is at stake — though once an appeal has been docketed with the Supreme Court, the correction needs that court’s leave while the appeal is pending. Subsection (b) is a different matter entirely. It lets a court undo a final judgment or order for reasons that go to the fairness of the outcome itself, not just a typo in the paperwork.
Subsection (b) lists six grounds, and courts and lawyers commonly call a request under this part a "60(b) motion." A party can ask for relief because of mistake, inadvertence, surprise, or excusable neglect; because of newly discovered evidence that could not have been found in time for a new-trial motion; because the other side committed fraud, misrepresentation, or misconduct; because the judgment is void; because the judgment has already been satisfied, released, or discharged, rests on an earlier judgment that has since been reversed or vacated, or because applying it going forward is no longer equitable; or for any other reason that justifies relief. The first three grounds carry a hard cap: the motion must be filed within a year of the judgment, and even within that year it still has to come within a reasonable time.
Filing a Rule 60(b) motion does not pause the judgment or stop anyone from enforcing it — a separate motion to stay is needed for that. The rule also makes clear it isn’t the only door open to a losing party: courts keep their power to hear an independent action for relief, to grant relief under a statute, and to set aside a judgment obtained through fraud on the court. At the same time, older common-law devices that used to serve similar purposes — bills of review, bills in the nature of bills of review, and writs of coram nobis, coram vobis, and audita querela — are abolished, so Rule 60 is now the vehicle for this kind of relief.
Frequently Asked Questions
What is the difference between Rule 60(a) and Rule 60(b)?
Rule 60(a) only fixes clerical mistakes and oversights in a judgment or order — things like a wrong date or a copying error. Rule 60(b) goes further and lets a court set aside the judgment itself for reasons such as fraud, a void judgment, or newly discovered evidence.
How long do I have to file a 60(b) motion to set aside a judgment?
The motion must be filed within a reasonable time. If the motion rests on mistake or excusable neglect, newly discovered evidence, or fraud, it also cannot be filed more than a year after the judgment or order was entered.
Does filing a Rule 60(b) motion stop the other side from enforcing the judgment?
No. The rule states that the motion does not affect the judgment’s finality and does not suspend its operation. A party who needs to pause enforcement has to ask separately for a stay.
What counts as excusable neglect under Rule 60(b)(1)?
The rule doesn’t define the term with a checklist — it covers situations where a mistake, an unexpected turn of events, or a lapse fell short of the care ordinarily expected, but still deserves a second look given the circumstances. Courts weigh factors such as the reason for the delay and whether the other side would be harmed by reopening the judgment.
Can I still ask a court for relief from a judgment outside of Rule 60(b)?
Yes. Rule 60(d) preserves a court’s power to hear an independent action for relief, to grant relief that a statute allows, and to set aside a judgment obtained through fraud on the court, even after the time limits in Rule 60(b) have passed.