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What is rule 60 of the AZ procedures rules: a judge can provide relief after an appeal has been docketed in appellate court
The time frame maximum of 10 days passed without me being notified of a hearing but under rule 60 of the AZ procedures a Judge can provide relief from the judgment if
Arizona Rules of Ciivl Procedure Rule 60(c) provides that a court may relieve a party from a final judgment for certain enumerated reasons, as well as “any other reason justifying relief from the operation of the judgment.” Ariz. R. Civ. P. 60(c)(6). However, in order for you to prevail under Rule 60(c)(6), you must show three things: (1) promptness in seeking relief, (2) a meritorious claim or defense, and (3) extraordinary circumstances of hardship or injustice. You should also know that a trial court has broad discretion in ruling on a Rule 60(c) motion, and its ruling will not be reversed on appeal absent a showing of abuse of that discretion.
Does your desired result affect or change the finality of a judgment or suspend its operation? It is a thorny path if so. After a judgment, things such as clerical errors can be addressed for a time period, usually up to a year. If the appeals court has the matter, that further restricts and limits what the trial judge can do, if there is really newly discovered evidence. You had better get a really talented appellate lawyer to be your advocate.
Good luck to you.
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