(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 of 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 appeal is docketed in the Superior Court or Law Court, and thereafter while the appeal is pending may be so corrected with leave of the Superior Court or Law Court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and upon such terms as are just, the court may relieve a party or the party’s legal representative from a final judgment, order, or proceeding for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(4) the judgment is void;
(5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
(6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of bills of review are abolished as means of reopening judgments entered under these rules, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
Annotations:
Rule 60: Tarbuck v. Jaekel -2000 ME 105, 13 & 14.
Rule 60(a): Jenkins v. Walsh Brothers, 2002 ME 168, 16.
Rule 60(a): Fitzgerald v. Gamester -1999 ME 92, 15.
Rule 60(b): Key Bank National Assoc. v. Sargent, 2000 ME 153, 9-15.
Rule 60(b): Southern Maine Properties v. Johnson -1999 ME 37, 5.
Rule 60(b)(1): Excusable Neglect. Butler v. D/Wave Seafood, 2002 ME 41, 17.
Rule 60(b)(1) & (4): State v. Shattuck, 2000 ME 38, 10-12.
Rule 60(b)(5): Peerless Div., Lear Siegler v. United States Special Hydraulic Cylinders Corp. -1999 ME 189, 8.
