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DE · rules

Del. Super. Ct. Civ. R. 60

Relief from judgment or order

activein force · 1991-01-01 – presentact-effective-date

(a) Clerical mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein

arising from oversight or omission may be corrected by the Court at any time of its own initiative or on

the motion of any party and after such notice, if any, as the Court orders.

(b) Mistake; inadvertence; excusable neglect; newly discovered evidence; fraud, etc. 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, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or

excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered

in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or

extrinsic), misrepresentation or other misconduct of an adverse party; (4) the judgment is void; (5) the

judgment has been satisfied, released, or discharged, or a prior 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 (6) any other reason justifying relief from the operation of the judgment. A motion under

this subdivision does not affect the finality of a judgment or suspend its operation. 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 any relief provided by statute, or to set aside a judgment for fraud upon the Court,

or to deal with judgments by confession as provided by law. Writs of coram nobis, coram vobis, and

audita querela are abolished, and the procedure for obtaining relief from judgments shall be by motion as

prescribed in these Rules or by an independent action.

History

Amended, effective Jan. 1, 1991.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
de9720affb27d6969f4301e1ff0b9748ce19807102d094cdf968fae32e2d8303
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