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OH · rules

Ohio Civ.R. 60

Relief From Judgment or Order

activein force · 1970-07-01 – 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 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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Ohio Civ.R. 60 — Relief From Judgment or Order · binding.law