Can You File Rule 60 on a Rule 60 Hearing?

Question from J, Can You File Rule 60 on a Rule 60 Hearing?

Answer from AI:

In North Carolina, as in other jurisdictions in the United States, Rule 60 of the North Carolina Rules of Civil Procedure allows a party to seek relief from a judgment or order under certain circumstances. This rule is designed to address issues such as clerical mistakes, newly discovered evidence, fraud, or other reasons justifying relief from the operation of the judgment.

Understanding Rule 60

Rule 60 is a procedural mechanism that provides a way to challenge a court’s decision after it has been entered. It is important to understand the different subsections of Rule 60, as they outline specific grounds and time limits for seeking relief:

• Rule 60(a): Clerical Mistakes – Allows correction of clerical errors in judgments, orders, or other parts of the record.
• Rule 60(b): Grounds for Relief – Provides several grounds for relief, including:
  1. Mistake, inadvertence, surprise, or excusable neglect.
  2. Newly discovered evidence that could not have been discovered in time to move for a new trial.
  3. Fraud, misrepresentation, or misconduct by an opposing party.
  4. The judgment is void.
  5. The judgment has been satisfied, released, or discharged.
  6. Any other reason justifying relief from the operation of the judgment.

Filing a Rule 60 Motion on a Rule 60 Hearing

Filing a Rule 60 motion on a decision made during a Rule 60 hearing is theoretically possible, but it is important to consider the following:

• Grounds for Relief: You must have a valid reason under Rule 60(b) to seek relief from the decision made during the Rule 60 hearing.
• Time Limits: Rule 60(b) motions must be made within a reasonable time, and for certain grounds, not more than one year after the judgment, order, or proceeding was entered or taken.
• Judicial Discretion: The court has discretion in deciding whether to grant relief under Rule 60, and it will consider whether the motion is being used to delay proceedings or for other improper purposes.

When to Seek Legal Advice

Given the complexity of Rule 60 motions and the potential for significant legal consequences, it is advisable to consult with a legal professional if you are considering filing such a motion. An attorney can help you understand whether you have a valid basis for relief and guide you through the procedural requirements.

Resources and Further Reading

For more detailed information, you can refer to the North Carolina Rules of Civil Procedure, which are available through various legal resources. Here are a couple of useful links:

– [North Carolina General Statutes – Chapter 1A, Rule 60](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_1A.html)
– [North Carolina Judicial Branch – Civil Procedure](https://www.nccourts.gov/)

Remember, while self-help resources can provide valuable information, they are not a substitute for personalized legal advice from a qualified attorney.