Motion for Relief from a Judgment or Order

When the motion for relief from a judgment or order is used

Timing: within a reasonable time after the judgment or order. Post-trial motions come after a verdict or judgment. Their deadlines are short, so timing matters a great deal.

What the rule requires

• Rule 60(b) lists the grounds: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud, misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or applying it prospectively is no longer equitable; (6) any other reason that justifies relief.
• The motion must be made within a reasonable time — and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding (Rule 60(c)(1)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 60(b) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for relief from a judgment or order in state court

This page covers the federal version. In state court, the motion for relief from a judgment or order may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Judgment: the court's final decision determining the rights of the parties.
• Vacate: to cancel or set aside a judgment or order.
• Void judgment: a judgment entered without legal power to enter it. Federal Rule of Civil Procedure 60(b)(4) lists a void judgment as a ground for relief.
• Excusable neglect: a standard courts use to decide whether to excuse a missed deadline or mistake, considering the circumstances.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Set Aside a Default: a request to undo an entry of default, or a default judgment.
• Motion to Alter or Amend a Judgment: a request that the court change its judgment.
• Motion to Correct a Clerical Mistake: a request to fix a clerical mistake, or a mistake arising from oversight or omission, in a judgment, order or other part of the record.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.