(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.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Dis - covered 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 (whether heretofore denominated intrinsic or extrinsic), 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 it 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 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 grant relief to a defendant not actually personally notified as provided in Title 28, U.S.C., § 1655, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 2, 1987, eff. Aug. 1, 1987.)
added in current removed in current
Compared to current version (2025).
(a) Clerical Mistakes.orrections Based on Clerical mMistakes 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; 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 thereafter while the appeal is pendingwhile it is pending, such a mistake may be so corrected with leave ofonly with the appellate court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Dis - covered Evidence; Fraud, Etc. On motion and upon such terms as are just’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 a party’its 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 duthat, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether heretofore denominatpreviously called intrinsic or extrinsic), misrepresentation, or other misconduct ofby an adverseopposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released, or discharged,; it is based orn a prion earlier judgment upon which it is basedthat has been reversed or otherwise vacated,; or it is no longer equitable that the judgment should have prospective applicationapplying it prospectively is no longer equitable; or
(6) any other reason that justifyingies relief from the operation of the judgment. The motion shall.
(c) Timing and Effect of the Motion.
(1) Timing. A motion under Rule 60(b) must be made within a reasonable time, -and for reasons (1), (2), and (3) not more than onea year after the entry of the judgment, or order, or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operationthe 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 the power of a court toa court’s power to:
(1) entertain an independent action to relieve a party from a judgment, order, or proceeding, or to;
(2) grant relief under 28 U.S.C. § 1655 to a defendant not actuallywho was not personally notified as provided in Title 28, U.S.C., § 1655, or toof the action; or
(3) set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and
(e) Bills and Writs Abolished. The following are abolished: bills of review and, bills in the nature of a bills of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent actionnd writs of coram nobis, coram vobis, and audita querela.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.)