Rule 141. Correcting or Setting Aside a Judgment or an Order
Arizona Revised Statutes AnnotatedJustice Court Rules of Civil Procedure
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)]
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 and effective through September 15, 2023. The Code of Judicial Administration is current with amendments received through September 15, 2023.
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