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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)
If you enjoyed this article on FRCP 60, we recommend you look into the following legal terms and concepts. Enjoy!
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