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Idaho Civil Rule 60: Relief from a Judgment or OrderRule 60 of the Idaho Rules of Civil Procedure has to do with obtaining relief from a judgment or order. The first part of the rule allows the court to correct any clerical errors that they find without needing to do any motions. This changes to needing the appellate court’s leave if the case has been appealed.

The second part of the rule says that a party can get relief from the court’s final judgment after a motion has been approved by the court. Reasons that such relief could be given are:

  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. Judgment is void
  5. 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;
  6. Any other reason that justifies relief

Then, Rule 60 requires that any motion made under Rule 60(b) needs to be made within a reasonable time. In addition, if the reason for relief is numbers 1, 2, or 3, then the motion needs to be made within 6 months after the entry of the judgment.

Lastly, Rule 60 clarifies that this rule does not limit a court’s power to hear an independent action to relieve a party from a judgment or limit the court’s power to set aside a judgment as allowed by law.

Idaho Civil Rule 60: Relief from a Judgment or Order

(a)   Corrections Based on Clerical Mistakes; Oversights and Omissions. 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 appellate court and while it is pending, such a mistake may be corrected only with the appellate court’s leave.

(b)   Grounds for Relief from a Final Judgment, Order, or Proceeding. 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.

(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 6 months after the entry of the judgment or order or the date of the proceeding.

(2)   Effect on Finality. The motion does not affect the judgment’s finality or suspend its operation.

(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)   to set aside, as provided by law, within one year after judgment was entered, a judgment obtained against a party who was not personally served with summons and complaint either in the state of Idaho or in any other jurisdiction, and who has failed to appear in the action; or

(3)   set aside a judgment for fraud on the court.

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