MOTION FOR RELIEF FROM THE JUDGMENT

motion for relief from the judgment.A party’s request that the court correct a clerical mistake in the judgment — that is, a mistake that results in the judgment’s incorrectly reflecting the court’s intentions — or relieve the party from the judgment because of such matters as (1) inadvertence, surprise, or excusable neglect, (2) newly discovered evidence that could not have been discovered through diligence in time for a motion for new trial, (3) the judgment’s being the result of fraud, misrepresentation, or misconduct by the other party, or (4) the judgment’s being void or having been satisfied or released. Fed. R. Civ. P. 60. Cf. MOTION TO ALTER OR AMEND THE JUDGMENT . [Cases: Federal Civil Procedure 2659; Judgment 336–402. C.J.S. Judgments §§

275–278, 305–331, 333–359, 375.]

[Blacks Law 8th]