Relief from a judgment?

Asked over 1 year ago - Chicago, IL

Under rule 60 relief from judgment or order it says other powers to grant relief. Rule 60 doesn't limit a courts power to entertain an independent action to relieve a party from a judgment or order of proceeding. What exactly does his mean and can the time limit be extended for fraud or excusable neglect?

Attorney answers (4)

  1. Luke D. Kazmar

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . You have multiple grounds to set aside a judgment--these include duress, coercion, fraud or if upholding the judgment would be unconscionable.

    In instances where there was no jurisdiction, we could be looking at a situation where there is no time limit--at least in theory.

    Lot of these issues hinge on how far back the judgment you want to change was entered.

    There are also "tolling" provisions which extend time to file motion to vacate/amend--basically, the clock does not begin clicking until you learn, or should reasonably learn, of the grounds for motion to vacate/amend judgment.

    An attorney skilled and experienced in this area can give you very helpful advice with very few questions.

    The author provides the preceding information as a service to the public. Author's response, as stated above,... more
  2. Judy A. Goldstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . To what Rule 60 do you refer? You seem to be confused. If this is Illinois Circuit Court, there us no SR60. Perhaps you should take your papers and consult with an attorney in person.

  3. Constantine D. Buzunis

    Contributor Level 17

    2

    Lawyers agree

    Answered . I recommend you contact a civil litigation attorney in your area immediately. A court has broad discretionary powers to provide relief, including from fraud or excusable neglect. Whether you can get relief in your circumstance is uncertain based on the limited facts you provided? Generally the court will provide relief for a fraud or excusable neglect, but now that you are aware, you need to move quickly for the requested relief. Don't wait around and let even more time pass.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  4. Robert Bruce Kopelson

    Contributor Level 20

    2

    Lawyers agree

    Answered . In some cases a completely new action can be brought for relief. You should consult with a local atty and do it quickly.

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