ME · rules
M.R. Civ. P. 60
RELIEF FROM JUDGMENT OR ORDER
(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. During the pendency
of an appeal, such mistakes may be so corrected before the appeal is docketed
in the Superior Court or Law Court, and thereafter while the appeal is pending
may be so corrected with leave of the Superior Court or Law 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 the 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. The
motion shall be made within a reasonable time, and for reasons (1), (2), and
(3) not more than one year after the judgment, order, or proceeding was
entered or taken. A motion under this subdivision (b) 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. Writs of coram nobis, coram vobis, audita
querela, and bills of review and bills in the nature of bills of review are
abolished as means of reopening judgments entered under these rules, and the
procedure for obtaining any relief from a judgment shall be by motion as
prescribed in these rules or by an independent action.
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
64c0f7fe04eaa0985434179b22906bd88b2e2958e95278aaf2559ed9978d27bf
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