W.R.C.P.Ch.C. 60

(a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The

chancery court may correct a clerical mistake or a mistake arising from

oversight or omission whenever one is found in a judgment, order, or other part

of the record. The chancery court may do so on motion or on its own, with or

without notice. But after an appeal has been docketed in the supreme court,

and while it is pending, such a mistake may be corrected only with leave of the

supreme court.

(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On

motion and just terms, the chancery court may relieve a party or its legal

representative from a final judgment, order, or proceeding for the following

reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence that, with reasonable diligence, could not

have been discovered in time to move for a new trial under Rule 59(b);

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

(4)

the judgment is void;

(5) the judgment has been satisfied, released, or discharged; it is based on

an earlier judgment that has been reversed or vacated; or applying it

prospectively is no longer equitable; or

(6) any other reason that justifies relief.

(c) Timing and Effect of the Motion.

(1) Timing. A motion under Rule 60(b) must be made within a reasonable

time--and for reasons (1), (2), and (3) no more than a year after the entry of

the judgment or order or the date of the proceeding.

(2) Effect on Finality. The motion does not affect the judgment’s finality or

suspend its operation.

(d) Other Powers to Grant Relief. This rule does not limit a chancery court’s

power to:

(1) entertain an independent action to relieve a party from a judgment,

order, or proceeding;

(2) grant relief as provided by statute; or

(3) set aside a judgment for fraud on the chancery court.

(e) Bills and Writs Abolished. Not applicable.