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?
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. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.
Divorce / Separation Lawyer
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, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.
3 lawyers agree