18. Motions After Trial (Rule 60)

Question 1

For what type of issues can a party move for relief any time (Rule 60)?

Answer 1

Clerical error

Question 2

For what type of issues must a party move for relief within reasonable time after learning/reasonably could learn of issue (Rule 60)?

Answer 2

Void judgment (Lack of PJ/SMJ)

No due process

Reversed/Vacated/Released/Discharged judgment

Question 3

For what type of issues must a party move for relief within 1 year after entry of judgment/order (Rule 60)?

Answer 3

Excusable neglect

Mistake

Fraud

Misrepresentation

New evidence not discoverable by due diligence at time for motion for new trial (timely made)

Question 4

For what type of issues must a party move for relief within 28 days after court order entry (Rule 60)?

Answer 4

Error in fact/law

Change in controlling law

New evidence not discoverable

Need to prevent manifest injustice

Question 5

Can party still seek relief if it does not move for relief in time?

Answer 5

Equitable independent action to set aside judgment

1) Movant likely to win in new action
2) Movant acted promptly after Movant knew/should have known opportunity to set aside

Question 6

How may party be refused to equitably set aside judgment?

Answer 6

Court’s discretion

Movant likely to lose on merits

Question 7

Are judgments enforceable during pendency of post-trial motions?

Answer 7

Yes

- UNLESS court orders otherwise