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Rule 141. Correcting or setting aside a judgment or an order

Arizona Revised Statutes AnnotatedJustice Court Rules of Civil Procedure

Arizona Revised Statutes Annotated
Justice Court Rules of Civil Procedure (Refs & Annos)
Part X: Judgment
17B A.R.S. Justice Court Civ.Proc.Rules, Rule 141
Rule 141. Correcting or setting aside a judgment or an order
a. Correction of a clerical mistake. The court at any time may correct a clerical mistake in a judgment, in an order, or in another part of the court's record that occurred as a result of an oversight or omission of the court, and it may do so on its own motion or on motion of a party, and after such notice, if any, that the court requires. [ARCP 60(a)]
b. Misstatement or miscalculation. When a judgment misstates the name of a party, or when a sum of money has been miscalculated or misstated, and in the court's record there is a verdict or other document that shows the correct name or the correct calculation, then the court may correct the judgment after notice to the parties. If the correction affects the amount of a judgment, a party may collect only the corrected amount. [ARCP 60(b)]
c. Reasons for relief from a judgment or order. A party may file a motion asking the court for relief from a final judgment, order, or proceeding based on one or more of the following:
(1) Mistake, inadvertence, surprise, or excusable neglect;
(2) Newly discovered evidence that with the exercise of due diligence could not have been discovered in time to file a motion for a new trial;
(3) Fraud, misrepresentation, or other misconduct of an opposing party;
(4) The judgment is void;
(5) The judgment has been satisfied, released, or discharged; or a prior judgment upon which it is based has been reversed or vacated; or it is no longer equitable that the judgment should have prospective application;
(6) Any other reason that justifies relief from the judgment.
A motion under Rule 141(c) must be filed within a reasonable time, and for reasons (1), (2), and (3), within six (6) months after the judgment or order was entered or after the proceeding occurred. The filing of a motion under this section does not affect the finality of a judgment, nor does it suspend the operation of a judgment. This rule does not limit the power of the court to relieve a party from a judgment, order, or proceeding if a fraud was committed upon the court; and this rule does not limit the power of the court to grant relief to a defendant served by publication, as provided by Rule 140(j). [ARCP 60(c)]

Credits

Adopted Aug. 30, 2012, effective Jan. 1, 2013.
17B A. R. S. Justice Court Civ. Proc. Rules, Rule 141, AZ ST J CT RCP Rule 141
State Court Rules are current with amendments received through 4/15/21.
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