RULE 8.270.   RELIEF FROM JUDGMENTS OR ORDERS

(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 on its own initiative or on motion of any party, after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the record on appeal is docketed in the appellate court and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

(b)    Extraordinary Relief. On motion and upon such terms as are just, the court may relieve a party or the party’s legal representative from an order, judgment, 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 rehearing.

(3)    Fraud (intrinsic or extrinsic), misrepresentation, or other misconduct of any other party.

(4)    That the order or judgment or any part thereof is void.

The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, order, or proceeding was taken.

(c)    Limitation. After the court loses jurisdiction of the cause, as provided by law, a motion for relief of judgment or order under subdivision (b) shall not be heard.


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