ARFLP Rule 85. Motion to Correct Mistakes; Relief from a Judgment or Order

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 of its own initiative or on motion of any party and after such notice, if any, as the court orders. During pendency of an appeal, such mistakes may be so corrected before the 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.  Correction of Error in Record of Judgment or Order

1.  When a mistake in a judgment or order is corrected as provided by paragraph A, thereafter the execution shall conform to the judgment as corrected.

2.  Where there is a mistake, miscalculation, or misrecital of a sum of money or of a name, and there is among the records of the action a verdict or instrument in writing whereby such judgment may be safely corrected, the court shall, on application and after notice, correct the judgment accordingly.

C.  Mistake; Inadvertence; Surprise; Excusable Neglect; Newly Discovered Evidence; Fraud, etc.

1.  On motion and upon such terms as are just the court may relieve a party or a party’s legal representative from a final judgment, order or proceeding 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 under Rule 83(D);

c.  fraud, 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 on 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.

2.  The motion shall be filed within a reasonable time, and for reasons 1(a), 1(b) and 1(c) not more than six (6) months after the judgment or order was entered or proceeding was taken.

3.  A motion under this subdivision 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 respondent served by publication as provided by Rule 83(G), or to set aside a judgment for fraud upon the court. The procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

D.  Reversed Judgment of Foreign State. When a judgment has been rendered upon the judgment of another state or foreign country, and the foreign judgment is thereafter reversed or set aside by a court of such state or foreign country, the court in which judgment was rendered in this state shall set aside, vacate and annul its judgment.