RULE 60. RELIEF FROM A JUDGMENT OR ORDER
(a) Corrections Based on Clerical Mistakes; Oversights and Omissions.
Clerical mistakes in judgments, orders or other parts of the records and errors therein
arising from oversights or omission may be corrected by the court: (1) at any time on its own
initiative; or (2) on the motion of any party. During the pendency of an appeal, such mistakes
may be so corrected before the appeal is docketed in the Supreme Court, and thereafter while
the appeal is pending may be so corrected with leave of the supreme court.
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 Supreme Court and while it is pending, such a mistake may be corrected only with the Supreme Court's leave.
Mistakes-Inadvertence-Excusable Neglect-Newly Discovered
Evidence-Fraud-Etc. Grounds for Relief from a Final Judgment or Order.
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 or order in any action or proceeding for the
following reasons: (i) mistake, inadvertence, surprise, or excusable neglect; (ii) newly
discovered evidence which by due diligence could not have been discovered in time to move
for a new trial under Rule 59(b); (iii) fraud (whether denominated intrinsic or extrinsic),
misrepresentation, or other misconduct of an adverse party; (iv) the judgment is void; (v) the
judgment has been satisfied, released, or discharged, or a previous 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 (vi) any other reason justifying relief from
the operation of the judgment.
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:
(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 (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) 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
(6) any other reason that justifies relief.
The motion must be made within a reasonable time, and for reasons (i), (ii), and (iii) not
more than one year after notice that the judgment or order was entered in the action or
proceeding if the opposing party appeared, but not more than one year after a judgment by
default has been entered. A motion under this subdivision (b) does not affect the finality of
a judgment or suspend its operation. Leave to make the motion need not be obtained from
any appellate court except while an appeal from the judgment is actually pending before that
(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) no more than a year after notice of entry of the judgment or order in the action or proceeding if the opposing party appeared, but not more than one year after a default judgment has been entered.
(2) Effect on Finality. The motion does not affect the judgment's finality or suspend its operation.
(3) Leave to make the motion need not be obtained from an appellate court unless an appeal from the judgment is actually pending before that court.
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 Rule 4(e)(7), or to set aside a judgment for fraud upon the
(d) Other Powers to Grant Relief. This rule does not limit a court's power to:
(1) entertain an independent action to relieve a party from a judgment, order, or proceeding;
(2) grant relief under Rule 4(e)(7) to a defendant who was not personally notified of the action; or
(3) set aside a judgment for fraud on 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
must be by motion as prescribed in these rules or by an independent action.
(e) Bills and Writs Abolished. The following are abolished: bills of review, bills in the nature of bills of review, and writs of coram nobis, coram vobis, and audita querela.
Rule 60 is
nearly identical to Rule 60, FRCivP, except for minor changes to conform
to the court system of North Dakota and addition of a provision to subdivision (b) regarding
obtaining leave from an appellate court to make a motion for relief derived from
(b) (c) was amended in 1983, effective September 1, 1983, to provide
that a motion for relief for reasons (i) (1), (ii) (2), and (iii) (3) be made not more than one
year after "notice that" the judgment or order was entered except for default judgments the
time starts to run from date of entry.
Subdivision (b) was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.
Subdivision (a) was amended, effective March 1, 1994, by deleting the phrase "and after such notice, if any, as the court orders." The purpose of the amendment is to clarify that notice should be given. See Disciplinary Action Against Wilson, 461 N.W.2d 105 (N.D. 1990).
Rule 60 was amended and subdivisions (c), (d), and (e) were added, effective _______________, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Supreme Court Conference Minutes of March 31, 1983; Joint Procedure
Committee Minutes of __________________; April 29-30, 1993, page 11; January 28-29,
1993, pages 9-10; April 20, 1989, page 2;December 3, 1987, page 11; September
30-October 1, 1982, pages 6 and 11; November 29-30, 1979, pages 18-19;
Fed.R.Civ.P. 60 , FRCivP.
Superseded: Section 28-2901, NDRC 1943.
Rules N.D.R.Civ.P. 4 (Persons Subject to Jurisdiction-Process-Service) ;,
N.D.R.Civ.P. 52 (Findings by the Court) ;, and N.D.R.Civ.P. 59 (New Trials-Amendment of
Judgments) , N.D.R.Civ.P.; Rule N.D.R.Ct. 7.1 (Judgments, Orders and Decrees) , N.D.R.Ct.