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FL · rules

Fla. R. Civ. P. 1.540

Relief from Judgment, Decrees, or Orders

activein force · 2026-04-01 – presentact-effective-date

(a) Clerical Mistakes. Clerical mistakes in judgments,

decrees, or other parts of the record and errors therein arising from

oversight or omission may be corrected by the court at any time on

its own initiative or on the motion of any party and after such

notice, if any, as the court orders. During the pendency of an

appeal such mistakes may be so corrected before the record on

appeal is docketed in the appellate court, and thereafter while the

appeal is pending may be so corrected with leave of the appellate

court.

(b) Mistakes; 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, decree, 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 or

rehearing;

(3) fraud (whether heretofore denominated intrinsic or

extrinsic), misrepresentation, or other misconduct of an adverse

party;

(4) that the judgment, decree, or order is void; or

(5) that the judgment, decree, or order has been

satisfied, released, or discharged, or a prior judgment, decree, or

order upon which it is based has been reversed or otherwise

vacated, or it is no longer equitable that the judgment, decree, or

order should have prospective application.

The motion shall be filed within a reasonable time, and for

reasons (1), (2), and (3) not more than 1 year after the judgment,

decree, order, or proceeding was entered or taken. A motion under

this subdivision does not affect the finality of a judgment, decree, or

order 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, decree, order, or proceeding or to set aside a judgment,

decree, or order for fraud upon 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 or decree

shall be by motion as prescribed in these rules or by an

independent action.

History

Committee Notes 1992 Amendment. Subdivision (b) is amended to remove the 1 year limitation for a motion under this rule based on fraudulent financial affidavits in marital cases. 2003 Amendment. Subdivision (b) is amended to clarify that motions must be filed.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
921d4bdcad9ca36eda95506de669ba1f366f3f8afcdb77c36342fd277eb1ed87
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