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Rule 85. Relief from Judgment

Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: August 29, 2022

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part X. Judgments and Decrees (Refs & Annos)
Effective: August 29, 2022
17B A.R.S. Rules Fam.Law Proc., Rule 85
Rule 85. Relief from Judgment
Currentness
(a) Corrections Based on Clerical Mistakes; Oversights and Omissions. A court must correct a clerical mistake or a mistake arising from oversight or omission if one is found in a judgment. The court may do so on motion or on its own, with notice. But after an appeal has been filed and while it is pending in the appellate court, such a mistake may be corrected only with the appellate court's leave. After a mistake in the judgment is corrected, execution must conform to the corrected judgment.
(b) Grounds for Relief from a Judgment. On motion and on such terms as are just, the court may relieve a party or its legal representative from a judgment for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to file a motion under Rule 83(a)(1);
(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or other misconduct of an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or
(6) any other reason justifying relief.
(c) Timing and Effect of the Motion.
(1) Timing. A motion under section (b) must be made within a reasonable time--and for the reasons set forth in subparts (b)(1), (2), and (3), no more than 6 months after the entry of the judgment. This deadline may not be extended by stipulation or court order, except as allowed by Rule 4(b)(2).
(2) Effect on Finality and Appealability. The motion does not affect the judgment's finality or appealability or suspend its operation. Timely filing a motion may affect the time in which to file an appeal of the judgment as provided in ARCAP 9(e)(1)(E).
(d) Other Powers to Grant Relief. This rule does not limit the court's power to:
(1) entertain an independent action to relieve a party from a judgment;
(2) grant relief to a party served by publication as provided in Rule 83(e); or
(3) set aside a judgment for fraud on the court.
(e) Reversed Judgment of Foreign State. If a judgment was rendered on a foreign judgment from another state or country and the court of such state or country reverses or sets aside the foreign judgment, the Arizona court that rendered judgment must set aside, vacate, and annul its judgment.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019. Amended effective Aug. 29, 2022.
17B A. R. S. Rules Fam. Law Proc., Rule 85, AZ ST RFLP Rule 85
State Court Rules are current with amendments received and effective through May 15, 2023. The Code of Judicial Administration is current with amendments received through May 15, 2023.
End of Document