LAW 522-001 – Civil Procedure II
Setting Aside a Judgment
The court can only set aside a judgment for good cause as stated in Rule 60.
Federal Rule of Civil Procedure 60(b)
Grounds for Relief from a Final Judgment, Order, or Proceeding.
View on Legal Information Institute
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:
- mistake, inadvertence, surprise, or excusable neglect;
- newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
- fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;
- the judgment is void;
- 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
- any other reason that justifies relief.
A Rule 60(b) motion must be filed in a reasonable time. This is capped at one year for for Rule 60(b)(1–3), but not (4–6).