Arizona

Civil Procedure

Civil Procedure

Rule 60 – Relief from Judgment or Order

(a) Corrections Based on Clerical Mistakes; Oversights and Omissions. A court must correct a clerical mistake or a mistake arising from oversight or omission if 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 notice. But after an appeal has been filed and while it is pending in the appellate court, such a mistake may be corrected only with the appellate court’s leave. After a mistake in the judgment is corrected, execution must conform to the corrected judgment.
(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 diligence, could not have been discovered in time to move for a new trial under Rule 59(b)(1);
(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or other misconduct of 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 justifying 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 6 months after the entry of the judgment or order or date of the proceeding, whichever is later. This deadline may not be extended by stipulation or court order, except as allowed by Rule 6(b)(2).
(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 the court’s power to:

(1) entertain an independent action to relieve a party from a judgment, order, or proceeding;
(2) grant relief to a defendant served by publication as provided in Rule 59(g); or
(3) set aside a judgment for fraud on the court.
(e) Reversed Judgment of Foreign State. If a judgment was rendered on a foreign judgment from another state or country and the court of such state or country reverses or sets aside the foreign judgment, the Arizona court that rendered judgment must set aside, vacate, and annul its judgment.

Ariz. R. Civ. P. 60

Amended effective January 1, 2017.