Rule 7.190 — Relief From Judgment or Order; Clerical Mistakes

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(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 on 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 record on 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) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and on 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. (1) mistake, inadvertence, surprise, or excusable neglect;
  2. (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing;
  3. (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
  4. (4) the judgment is void; or
  5. (5) the judgment has been satisfied, released, or discharged or a prior judgment on 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 the reasons underlying subdivisions (b)(1), (b)(2), and (b)(3) not more than 1 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.

Fixing Errors After Judgment: This rule explains how a party can ask the court to either fix a simple typo in a final judgment or, in more serious cases, grant "relief" from the judgment entirely.

(a) Clerical Mistakes: This applies to simple typos, mathematical errors, or accidental omissions in the court's official order or judgment. These types of minor errors can be corrected by the court at any time.

(b) Relief from Judgment: This is for more serious issues. A party can ask the court to set aside a final judgment for specific, significant reasons, including:

  • Mistake or Excusable Neglect: A genuine and understandable error led to the judgment (e.g., a party missed a deadline because of a sudden, documented medical emergency).
  • Newly Discovered Evidence: New, important evidence has been found that could not have been discovered before the trial, even with reasonable effort.
  • Fraud or Misconduct: The judgment was obtained because the other party committed fraud or other serious misconduct.
  • Void Judgment: The judgment is legally invalid (e.g., the court never had jurisdiction).
  • Judgment Satisfied: The judgment has already been paid or discharged.

CRITICAL DEADLINE: For reasons of mistake, newly discovered evidence, or fraud (items 1, 2, and 3), the motion **must** be filed within **1 year** of the judgment. For other reasons, it must be filed within a "reasonable time."

Rule 7.180 Rule 7.200
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