Fed. R. Civ. P. 60 — Relief from a Judgment or Order
Last verified: May 19, 2026 · U.S. Courts — FRCP.
Rule Text — Key Provisions
(a) Corrections of clerical mistakes. Court may correct clerical mistakes, oversights, or omissions whenever found.
(b) Grounds for relief from a final judgment or order. On motion and just terms, court may relieve a party from a final judgment for: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud, misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged; or (6) any other reason that justifies relief.
(c) Timing. Motion under (b)(1), (2), or (3) must be filed within 1 year of the judgment. Motions under (b)(4), (5), or (6) must be made within a reasonable time — but with no fixed deadline.
(d) Other powers. Rule 60 does not limit the court’s power to (1) entertain an independent action to relieve a party from a judgment; or (3) set aside a judgment for fraud on the court — the latter never time-barred.
Full text: law.cornell.edu/rules/frcp/rule_60.
Plain English
Rule 60 lets a court reopen a final judgment. The grounds in 60(b) range from “I missed the deadline because of excusable neglect” (60(b)(1)) to “the other side committed fraud” (60(b)(3)) to “any other reason that justifies relief” (60(b)(6), the catchall). The 1-year deadline applies only to the first three grounds. “Fraud on the court” under 60(d)(3) has no time limit.
Key Cases & Authority
- Pioneer Investment Services v. Brunswick Associates LP, 507 U.S. 380 (1993) — Standard for “excusable neglect” under 60(b)(1). Four-factor balancing: prejudice, length of delay, reason, good faith.
- Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847 (1988) — Recusal failures can justify Rule 60(b)(6) relief; balanced against finality interests.
- Klapprott v. United States, 335 U.S. 601 (1949) — Original interpretation of 60(b)(6) “any other reason” catchall — requires “extraordinary circumstances.”
- Gonzalez v. Crosby, 545 U.S. 524 (2005) — Rule 60(b) motion in habeas corpus context is not automatically a second/successive habeas petition; depends on whether it challenges the judgment’s substance.
- Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 (1944) — Foundational case on fraud on the court under what is now Rule 60(d)(3). No time bar applies.
- Buck v. Davis, 580 U.S. 100 (2017) — Rule 60(b)(6) relief granted in a death penalty case where post-conviction counsel’s race-based testimony constituted extraordinary circumstance.
Florida Parallel
Fla. R. Civ. P. 1.540 — Florida tracks federal Rule 60 closely. Five grounds in 1.540(b): mistake/inadvertence; newly discovered evidence; fraud; void judgment; or satisfied/released. Florida does not include the federal 60(b)(6) catchall.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
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); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by 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 that justifies relief.
A motion under Rule 60(b) must be made within a reasonable time — and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.
Educational reference. This page summarizes a Federal Rule of Civil Procedure for educational purposes. It is not legal advice. Federal procedural rules can change — always verify the current text at uscourts.gov before relying on this summary in any case.
What this rule means in plain English
Rule 60 lets a federal court reopen a final judgment. Grounds in 60(b) range from “I missed the deadline because of excusable neglect” to “the other side committed fraud” to the 60(b)(6) catchall. The 1-year deadline applies only to the first three grounds. Fraud on the court under 60(d)(3) has no time limit.