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RI · rules

R.I. Fam. Ct. R. Dom. Rel. P. 60

Relief From Judgment or Order

activein force · 2024-02-01 – 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. 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) 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, 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 the judgment 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 (1) 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, or to set aside a judgment for fraud upon the court. 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.ri.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
400b95f7222c2835c812e9d80acb9b70f530c138746636f7ab9c0b2894d76d11
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