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SC · rules

S.C. R. Magis. Ct. 12

Relief from Judgment or Order

activein force · 2026-10-02 – presentcompiled-edition

(a) Clerical mistakes and errors arising from oversight or omission in judgments, orders, or other parts

of the record may be corrected by the court at any time of its own initiative or on the motion of any

party and after any notice that the court orders. During the pendency of an appeal, leave to correct the

mistake must be obtained from the appellate court.

(b) On motion and upon terms that 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 19; (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 it is based has been

reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective

application. 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 does not affect the finality of a judgment or suspend its operation. This rule does not

limit the power of the 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. During the pendency of an

appeal, leave to make the motion must be obtained from the appellate court. The procedure for

obtaining any relief from judgment shall be by motion as prescribed in these rules, by appeal, or by an

independent action.

Provenance

Source
www.sccourts.org
Retrieved
2026-10-02
Edition
supplied-sc-06-print-version-2026-10-02
Content hash
1a176773c2ca58937f98466317b86717e18746dc702bb7d7fc2a6309da0ebbb8
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