Reopening a final decision, on narrow grounds and against the clock.
Esshaki Legal Media TeamCurrent as of December 2025
A final judgment may be set aside in limited circumstances, on a motion made
within the applicable period.
Grounds with a short outer limit, usually one year: mistake, inadvertence,
surprise or excusable neglect; newly discovered evidence that could not have
been found with reasonable diligence in time for a new trial motion; and fraud,
misrepresentation or misconduct by an opposing party.
Grounds without that limit, subject only to a reasonable time requirement:
the judgment is void, typically for lack of jurisdiction or a due process
defect; the judgment has been satisfied, released or discharged, or a prior
judgment on which it was based has been reversed; and any other reason
justifying relief, a residual clause reserved for extraordinary circumstances
and not available where another ground fits.
Default judgments attract the most of this practice. Courts weigh whether
the default was wilful, whether the movant has a meritorious defense, and
whether the other party would be prejudiced — with a strong preference for
deciding cases on the merits.
Independent actions and fraud on the court exist for the rarest cases and
require conduct that defiles the court itself, not merely fraud between the
parties.
Move promptly. Delay is the most common reason relief is denied.