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FRCP 60 (Relief From Judgment: All You Need To Know)

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What Is FRCP 60

“FRCP 60” refers to Rule 60 of the Federal Rules of Civil Procedure titled “Relief from a Judgment or Order”.

The federal Rule 60 is divided into five paragraphs:

  • FRCP 60(a): Corrections based on clerical mistakes; oversights and omissions
  • FRCP 60(b): Grounds for relief from a final judgment, order, or proceeding
  • FRCP 60(c): Timing and effect of the motion
  • FRCP 60(d): Other powers to grant relief
  • FRCP 60(e): Bills and writes abolished 

Let’s look at each paragraph of the Rule 60 FRCP.

Federal Rule of Civil Procedure 60 Overview

FRCP 60(a): Judgment Corrections

Further to FRCP 60(a), a court may correct a judgment that contains a clerical mistake or any other type of mistake that is caused by oversight or omission of the court.

This power applies to judgments rendered by the court, court orders, or any part of the record of the court.

A court noticing its mistake has the ability to make the correction on its own with or without notice.

Furthermore, a party that notices a mistake can file a motion for the judge to reconsider the judgment or order.

FRCP 60(b): Relief From Final Judgment 

FRCP 60(b) provides several grounds based on which a party or a party’s legal representative may be relieved from a final judgment, such as:

  • Mistake, inadvertence, surprise, excusable neglect (FRCP 60(b)(1))
  • The discovery of new evidence (FRCP 60(b)(2))
  • Fraud, misrepresentation, or misconduct (FRCP 60(b)(3))
  • The judgment is void (FRCP 60(b)(4))
  • The judgment is satisfied, based on a previous judgment that has been reversed or vacated, or is no longer equitable (FRCP 60(b)(5))
  • Other justifiable reason (FRCP 60(b)(6))

As you can see, FRCP 60b provides various grounds based on which a motion can be presented to the court and party relieved from a final judgment.

FRCP 60(c): Timing And Effect of Motion

FRCP 60(c) provides for the time period within which a party may present a motion under Rule 60(b) and the effect of the judgment rendered.

Essentially, a motion under Rule 60(b) must be filed within a “reasonable time” (FRCP 60(c)(1)).

However, if the motion is based on mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, or fraud, misrepresentation, or misconduct of an opposing party, it must be filed within a year after the entry of the judgment or order or the date of the proceeding (FRCP 60(c)(1)).

When a motion is filed, the judgment in question remains in effect and it is not suspended (FRCP 60(c)(2)).

FRCP 60(d): Other Court Powers

FRCP 60(d) provides other powers to the court that may grant relief to a party.

Particularly, FRCP 60(d) makes it clear that the rule does not limit the power of the court to:

  • Consider an independent action to relieve a party (FRCP 60(d)(1))
  • Provide a party relief under 28 U.S.C. §1655 when a defendant was not personally served or notified of an action (FRCP 60(d)(2))
  • Set a judgment aside for fraud on the court (FRCP 60(d)(3))

FRCP 60(e): Abolishments

The final paragraph deals with some mentions of abolishments.

In particular, FRCP 60(e) states that the following bills and writs are abolished:

  • Bills of review
  • Bills in the nature of bills of review
  • Writes of coram nobis
  • Coram vobis
  • Audita querela 

FRCP Rule 60 Takeaways 

So what is the legal definition of FRCP 60?

Let’s look at a summary of our findings.

FRCP 60 (Fed R CIV P 60)

  • FRCP 60(a) provides for the possibility for a party or the court to correct clerical mistakes in a judgment 
  • FRCP 60(b) allows a party to seek the review of an unfavorable judgment or order by filing a motion 
  • Several grounds are possible to invoke in a motion, such as a mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, judgment is void, judgment satisfied, judgment based on one that was vacated or revised, prospectively the judgment is no longer equitable, or other reasons 
  • Trial lawyers, litigation attorneys, and legal professionals may consider FRCP Rule 60 to challenge a judgment or order having an undesirable outcome 
Appellate court
Appellate procedure 
Audita querela
Bills of review 
Coram nobis 
Coram vobis
Extrinsic fraud 
Intrinsic fraud
Misrepresentation 
Motion for reconsideration 
Motion to amend judgment 
Motion to vacate judgment 
Movant
New Trial
Nonmovant 
Statute of limitation
Author
Adjudication 
Rule 59
Civil action 
Civil party 
Consent judgment 
Court order
Declaratory judgment 
Default judgment 
District court
Federal court 
FRCP 26
FRCP 34
FRCP 37
FRCP 56
Judicial authority 
Judge 
Reasonable time 
Reserved judgment 
Superior court
Supreme court
Vacated judgment
Author

Editorial Staffhttps://lawyer.zone
Hello Nation! I'm a lawyer and passionate about law. I've practiced law in a boutique law firm, worked in a multi-national organization and as in-house counsel. I've been around the block! On this blog, I provide you with golden nuggets of information about lawyers, attorneys, the law and legal theories. Enjoy!

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