DE · rules
Del. Ch. Ct. R. 60
Corrections to Record; Relief from a Judgment
(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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