RULE 60. RELIEF FROM JUDGMENTS OR ORDERS.

  1. Clerical mistake 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 motion of any party and after such notice as the Court may direct.  Mistakes may be corrected before an appeal is docketed in the Appellate Court and thereafter while the appealing is pending, but only with the permission of the Appellate Court.
  2. On motion and upon such terms as are just, the Court may, in the furtherance of justice, relieve a party or his counsel from a final judgment, Order, or proceeding for the following reasons:
    1. Mistake, inadvertence, surprises, or excusable neglect.
    2. Newly discovered evidence, which, by the exercise of due diligence, could not have been discovered in time to move for a new trial.
    3. Fraud.
    4. The judgment is void.
    5. That 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 not longer equitable that the judgment should have prospective application, or
    6. Any other reason justifying relief from the operation of the judgment.

The motion should be made within a reasonable time and for reasons 1, 2, and 3 not more than thirty (30) days after the judgment order or proceeding was entered upon or taken.  This rule does not limit the power of a Court to entertain an independent action to relieve a party from a judgment, Order, or proceedings, or to grant relief to a Defendant not actually personally notified as provided by statute or to set aside a judgment for fraud upon the Court.

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