(a)CORRECTIONS BASED ON CLERICAL MISTAKES; OVERSIGHTS AND
OMISSIONS. The 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 court may do so
on motion or on its own, with or without notice. But after an ap-
peal has been docketed in the appellate court and while it is pend-
ing, such a mistake may be corrected only with the appellate
court’s leave.
(b)GROUNDS FOR RELIEF FROM A FINAL JUDGMENT, ORDER, OR
PROCEEDING. On motion and just terms, the 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 dili
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(a) CORRECTIONS BASED ON CLERICAL MISTAKES; OVERSIGHTS AND
OMISSIONS. The 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 court may do so
on motion or on its own, with or without notice. But after an ap-
peal has been docketed in the appellate court and while it is pend-
ing, such a mistake may be corrected only with the appellate
court’s leave.
(b) GROUNDS FOR RELIEF FROM A FINAL JUDGMENT, ORDER, OR
PROCEEDING. On motion and just terms, the 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 dili-
gence, 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) TIMINGANDEFFECTOFTHEMOTION.
(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 judg-
ment’s finality or suspend its operation.
(d) OTHER POWERS TO GRANT RELIEF. This rule does not limit a
court’s power to:
(1) entertain an independent action to relieve a party from
a judgment, order, or proceeding;
(2) grant relief under 28 U.S.C. §
1655 to a defendant who was
not personally notified of the action; or
(3) set aside a judgment for fraud on the court.
(e) BILLS AND WRITS ABOLISHED. The following are abolished:
bills of review, bills in the nature of bills of review, and writs of
coram nobis, coram vobis, and audita querela.