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Del. Ch. Ct. R. 60

Corrections to Record; Relief from a Judgment

activein force · 2026-06-01 – presentact-effective-date

(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 with the Supreme Court and while it is

pending, a mistake may be corrected only with the

Supreme Court’s leave.

(b) Grounds for Relief from a Judgment. On motion

and just terms, the Court may relieve a party or its legal

representative from a judgment 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(a);

(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; Reassignment.

(1) Timing. A motion under Rule 60(b) must be made

within a reasonable time.

(2) Effect on Finality. The motion does not affect the

judgment’s finality or suspend its operation.

(3) Reassignment. If the judicial officer who was

assigned to the case is no longer a member of the Court,

the movant must submit a letter to the Chancellor

identifying the motion and seeking reassignment for

the purpose of hearing the motion.

(d) Other Powers to Grant Relief. This rule does not

limit the Court’s power to:

(1) entertain an independent action to relieve a party

from a judgment;

(2) grant any relief provided by statute;

(3) set aside a judgment for fraud on the Court; or

(4) modify any interlocutory order for good cause

shown.

History

Amended May 18, 2026, effective June 1, 2026.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
257cf3da9b8029e7a4998d0fa4af193a1da12de1c715bc2f8e801eea21c485da
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