When must I seek Rule 60(b) relief for mistake, new evidence or fraud?

Identify the final judgment, order or proceeding from which the party or its legal representative seeks relief. Confirm the actual Rule 60(b)(1), (2) or (3) ground.

Establish judgment or order entry, or the proceeding date, from the actual record. When the event is judgment entry, check Rule 58(c). Do not substitute receipt of mailed notice.

Preserve facts relevant to reasonable time as well as the one-year ceiling. A single date input cannot establish that assessment.

1. Identify the requested relief and applicable Rule 60(b) ground.
2. Establish the actual entry or proceeding.
3. Assess reasonable time and, for grounds (1), (2) and (3), the additional one-year ceiling.
4. Check actual filing requirements and separate appeal timing.

First identify the Rule 60(b) ground and the actual entry or proceeding. Assess reasonable time separately. For grounds (1), (2) and (3), also establish the one-year outer limit. A calendar anniversary alone does not determine the motion’s timeliness. This page calculates neither constraint.

Rule 6(a) governs computation of periods stated in days or a longer unit. Its final-day provisions address weekends, legal holidays and qualifying clerk inaccessibility. Additional state-declared holidays use the state where the district court is located for forward periods. Rule 6(b)(2) separately prohibits enlargement of Rule 60(b) time. Computation does not establish reasonable time.

Rule 60(c)(1) imposes a reasonable-time requirement as well as the one-year outer limit for these grounds. The isolated one-year preset cannot establish the filing deadline. No computed date or paid calculation record is published.

Cumulative timing requirements

For grounds (1), (2) and (3), assess reasonable time and the one-year ceiling. Meeting one does not establish the other.

Grounds and supporting facts

Rule 60(b)(1) concerns mistake, inadvertence, surprise or excusable neglect. Subsection (2) concerns newly discovered evidence with its stated reasonable-diligence condition. Subsection (3) concerns fraud, misrepresentation or misconduct by an opposing party. Verify the actual ground and supporting facts.

Separate relief procedures

Rule 60(a) addresses clerical mistakes, oversights and omissions, with appellate leave required in its stated pending-appeal circumstances. Rule 60(d) preserves separate powers. This guide does not supply their timing or treat them as an extension of this motion.

Appeal timing

FRAP 4(a)(4)(A)(vi) has its own filing-time condition tied to the time allowed for a Rule 59 motion. The one-year ceiling does not preserve or restart appeal time by itself.

No routine enlargement

FRCP 6(b)(2) prohibits enlargement of Rule 60(b) time. An agreement or ordinary scheduling extension cannot establish compliance with Rule 60(c)(1).

• The guide does not assess reasonable time, establish any relief ground or predict the court’s decision.
• No date is calculated for grounds (4), (5) or (6), clerical corrections, independent actions, a stay or an appeal.

• Identify the final judgment, order or proceeding and the party seeking relief.
• Confirm the actual Rule 60(b)(1), (2) or (3) ground and supporting facts.
• Establish entry or the proceeding date and preserve reasonable-time facts.
• Check the cumulative timing requirements and the prohibition on enlargement.
• Check separate appeal time and any actual stay.
• Unless a statute, local rule or court order sets another time, FRCP 6(a)(4)(A) ends electronic filing at midnight in the court’s time zone. Subsection (B) uses scheduled clerk closing for other means. Verify the district’s filing requirements, separate service and actual inaccessibility. Filing a motion does not establish entitlement to relief.