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Rule 2-535 – Revisory Power

May 13, 2021 | Civil Prodcedure, Maryland

(a) Generally. On motion of any party filed within 30 days after entry of judgment, the court may exercise revisory power and control over the judgment and, if the action was tried before the court, may take any action that it could have taken under Rule 2-534. A motion filed after the announcement or signing by the trial court of a judgment or the return of a verdict but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket.
(b) Fraud, Mistake, Irregularity. On motion of any party filed at any time, the court may exercise revisory power and control over the judgment in case of fraud, mistake, or irregularity.

Committee note: This section is intended to be as comprehensive as Code, Courts Article, ยง 6-408.

(c) Newly-Discovered Evidence. On motion of any party filed within 30 days after entry of judgment, the court may grant a new trial on the ground of newly-discovered evidence that could not have been discovered by due diligence in time to move for a new trial pursuant to Rule 2-533.
(d) Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record may be corrected by the court at any time on its own initiative, or on motion of any party after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed by the appellate court, and thereafter with leave of the appellate court.

Md. R. Civ. P. Cir. Ct. 2-535

This Rule is derived as follows:

Section (a) is derived from former Rule 625 a.

Section (b) is derived from former Rule 625 a.

Section (c) is derived from former Rule 625 b.

Section (d) is derived from the 1948 version of Fed. R. Civ. P. 60(a) and former Rule 681.

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 12, 2003, eff. Jan. 1, 2004; May 8, 2007, eff. July 1, 2007.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.

2007 Orders

The May 8, 2007, order amended section (a) by adding, “A motion filed after the announcement or signing by the trial court of a judgment or the return of a verdict but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket. as the last sentence.