OH · rules
Ohio Civ.R. 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 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 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 his 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 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
(5) Any other reason justifying relief from 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 susp end its
operation.
The procedure for obtaining any relief from a judgment shall be by motion as prescribed
in these rules.
History
Effective Date: July 1, 1970
Provenance
- Source
- supremecourt.ohio.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
03bb4f738986585d3fa396b64a519092acb6c66cf02c89ce3e4f3de82dc2a5a9
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