Rule 60.Relief from Judgment or Order

Last amended March 1, 1994 · Last verified July 1, 2026

In one sentenceRule 60 lets a court fix clerical mistakes in a judgment at any time and, in limited circumstances, undo or modify a final judgment for reasons like mistake, newly discovered evidence, or fraud.

Full Text of Rule 60

Text sizeJump to: (60.01) (60.02)

60.01 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 upon 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 with leave of the appellate court.

60.02 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 representatives from a final judgment (other than a marriage dissolution decree), order, or proceeding and may order a new trial or grant such other relief as may be just for the following reasons:

(a) Mistake, inadvertence, surprise, or excusable neglect;

(b) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial pursuant to Rule 59.03;

(c) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;

(d) The judgment is void;

(e) 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

(f) Any other reason justifying relief from the operation of the judgment.

The motion shall be made within a reasonable time, and for reasons (a), (b), and (c) not more than one year after the judgment, order, or proceeding was entered or taken. A Rule 60.02 motion 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, or to grant relief to a defendant not actually personally notified as provided in Rule 4.043, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

End

Advisory Committee Comments

Advisory Committee Comment--1993 Amendments

The only change made to this rule is to correct the reference to marriage dissolution as that is the current name for the proceeding. This amendment is intended to be consistent with similar amendments to the rules made in 1988.

Amendment History

(Amended effective March 1, 1994.)

Plain-English Summary

Rule 60 gives courts two distinct ways to correct problems after a judgment has been entered. The first part, Rule 60.01, covers simple clerical slips: typos, math errors, or a clerk’s mistake in writing down what the court decided. These can be fixed at any time, on the court’s own initiative or on a party’s motion, because they do not change the substance of what was decided.

The second part, Rule 60.02, is a much bigger deal. It lets a party ask the court to set aside or change a final judgment for reasons such as excusable neglect, newly discovered evidence that could not have been found in time for a new-trial motion, fraud or misrepresentation by the other side, a judgment that is void, a judgment already satisfied or based on a reversed prior judgment, or any other reason that in fairness justifies relief. Courts do not grant this relief automatically. The party asking for it has to move within a reasonable time, and for the first three reasons listed, the motion generally must be made within one year of the judgment.

Rule 60 also makes clear that filing this motion does not pause or cancel the judgment while the motion is pending, and it eliminates several old, confusing legal devices (like writs of coram nobis) in favor of one clear path: a motion under this rule or a separate lawsuit.

Frequently Asked Questions

Can I fix a typo in a judgment without filing a full motion?

Yes. Rule 60.01 allows the court to correct clerical mistakes in a judgment or order at any time, either on its own or on a party’s motion, and the court can decide how much notice, if any, is needed.

How long do I have to ask the court to set aside a judgment for excusable neglect?

The motion must be made within a reasonable time, and for mistake, excusable neglect, or newly discovered evidence, not more than one year after the judgment, order, or proceeding was entered or taken.

Does filing a Rule 60.02 motion stop the other side from collecting on the judgment?

No. The rule specifically states that a Rule 60.02 motion does not affect the finality of a judgment or suspend its operation unless the court separately orders a stay.

Can I use Rule 60 to reopen a divorce decree?

No. Rule 60.02 relief expressly excludes marriage dissolution decrees from this provision.

What if I discover the other side committed fraud after the one-year deadline?

Rule 60.02 preserves the court’s power to hear an independent action for fraud upon the court, which is not bound by the one-year limit that applies to the listed reasons (a), (b), and (c).

Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 60). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: motion to vacate judgmentrelief from judgmentRule 60.02 motion60(b) equivalent Minnesota