Home Table of Contents

CR 60.02 Mistake; inadvertence; excusable neglect; newly discovered evidence; fraud, etc.

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
VII Judgment
CR 60. Relief from Judgment or Order (Refs & Annos)
Kentucky Rules of Civil Procedure (CR) Rule 60.02
CR 60.02 Mistake; inadvertence; excusable neglect; newly discovered evidence; fraud, etc.
On motion a court may, upon such terms as are just, relieve a party or his legal representative from its final judgment, order, or proceeding upon the following grounds: (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 59.02; (c) perjury or falsified evidence; (d) fraud affecting the proceedings, other than perjury or falsified evidence; (e) the judgment is void, or has been satisfied, released, or discharged, or a prior judgment upon 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 of an extraordinary nature justifying relief. The motion shall be made within a reasonable time, and on grounds (a), (b), and (c) not more than one year after the judgment, order, or proceeding was entered or taken. A motion under this rule does not affect the finality of a judgment or suspend its operation.

Credits

HISTORY: Amended eff. 1-1-78; prior amendment eff. 6-1-60; adopted eff. 7-1-53
Rules Civ. Proc., Rule 60.02, KY ST RCP Rule 60.02
Current with amendments received through May 1, 2017
End of Document© 2017 Thomson Reuters. No claim to original U.S. Government Works.