What is a Rule 60 motion in NC?
Asked by: Zander Lesch | Last update: February 2, 2026Score: 4.6/5 (57 votes)
A Rule 60 motion in North Carolina (NC) asks a court to relieve a party from a final judgment or order due to reasons like mistake, fraud, newly discovered evidence, or the judgment being void, governed by NC Rule of Civil Procedure 60, similar to its federal counterpart, allowing relief for errors or unforeseen circumstances but requiring filing within a reasonable time (or one year for specific grounds like fraud or mistake) and not typically affecting appeal deadlines unless filed quickly after judgment.
What is the Rule 60 motion in NC?
Rule 60 codifies this practice, permitting the judge to correct clerical mistakes in judgments, orders, or other parts of the record at any time on the judge's own initiative or on a party's motion after such notice, if any, as the judge orders. N.C. R.
What is a Rule 60 motion?
Relief from a Judgment or Order. (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.
What are the grounds for motion for reconsideration?
Grounds for a motion for reconsideration typically involve showing the judge made a clear error of law or fact, there's new, material evidence that wasn't previously available, or there's been an intervening change in controlling law, all leading to a manifest injustice; simply disagreeing with the ruling or rearguing points is usually not enough. These motions ask the same court to review its decision, different from an appeal to a higher court.
What is the difference between Rule 59 and Rule 60?
Rule 59 (FRCP) allows motions for a new trial or to alter/amend a judgment within 28 days, focusing on clear errors or injustice, and it tolls the time to appeal. Rule 60 provides broader relief from final judgments (mistake, fraud, newly discovered evidence, void judgments) but generally does not affect the time to appeal; it addresses clerical mistakes (Rule 60(a)) or substantive grounds (Rule 60(b)), with some grounds having a one-year limit, while others require a "reasonable time". In essence, Rule 59 is for timely, more immediate adjustments, while Rule 60 handles extraordinary circumstances, with the key difference being that Rule 59 motions stop the appeal clock, but Rule 60 motions typically do not.
Default vs. Default Judgment under Federal Rule 55 and 60
What does the rule of 60 mean?
The "Rule of 60" is a guideline often used in retirement plans, where an employee becomes eligible for a pension or early retirement benefits once their age combined with years of service equals 60. This rule aims to reward long-serving employees by allowing them to retire earlier with full or partial benefits.
What is the rule 60 motion to reopen?
Federal Rule of Civil Procedure 60(b)(1)-(5) allows a party to seek relief from a final judgment and reopen a case, typically within one year of the judgment. Specific grounds for relief include mistake or excusable neglect, newly discovered evidence, and fraud or misconduct by an opposing party.
How to win a motion for reconsideration?
You just need to convince the court that new developments, accurate law or a correct view of the facts justify a new ruling. If you think your case has solid grounds that support a Motion for Reconsideration, go ahead – it may help you win the war.
What is the success rate of motions to reconsider?
There's no single success rate for motions to reconsider, as it varies widely by jurisdiction, court, and case type, but generally, they have a low to moderate chance, often below 20% for appeals (like 10-15% for SSDI) but sometimes higher (25-35%) for specific immigration motions where new evidence addresses the exact denial reason, with success depending heavily on showing clear error, new facts, or changes in law, not just disagreement.
Can a judge deny a motion for reconsideration?
A motion for reconsideration may be properly denied if based on unraised facts known to the movant prior to entry of judgment.
What qualifies as excusable neglect?
Excusable neglect is a term associated with legal proceedings, notably in bankruptcy cases, that includes inadvertence, mistakes, carelessness, or any other intervening circumstances beyond a party's control.
What property cannot be attached?
Items not eligible for attachment or sale under Section 60 CPC, 1908. The essential clothing, cooking utensils, beds and bedding of the judgement debtor, his wife, and children, as well as any personal adornment that, according to religious custom, no lady should be allowed to part with.
What are the grounds for relief of Judgement?
Relief from judgment is a remedy provided by law to any person against whom a decision or order is entered through fraud, accident, mistake, or excusable negligence. It is a remedy, equitable in character, that is allowed only in exceptional cases when there is no other available or adequate remedy.
What are common grounds for reconsideration?
Common grounds for reconsideration generally involve new evidence, clear legal or factual errors, or a significant change in the law, aiming to correct manifest injustice or prevent prejudice, rather than just disagreeing with the outcome. Key reasons include overlooked facts, misapplied law, newly discovered evidence unavailable earlier, fraud, or issues where findings don't support the decision.
What is a motion 60?
Relief from a Judgment or Order. (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.
What is a good reason to set aside a default judgement?
Under CCP § 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
What's next after a motion for reconsideration?
Wait for the Court's Decision:
After considering your Motion for Reconsideration and any responses from the other parties, the court will issue a decision either granting or denying the motion. This decision will be based on the court's assessment of the legal and factual issues raised.
Is it worth doing a mandatory reconsideration?
You should still ask for a mandatory reconsideration if you got the decision less than 13 months ago. PIP awards are based on what help you need with very specific activities because of your disability, illness, or treatment.
What makes you look better in court?
Dress Neatly and Make Sure Your Clothes Fit
The first rule of thumb for what to wear to court is to dress appropriately by choosing clothing that looks clean, neat, and fits you well. You do not have to buy a new outfit, just be sure that you are meeting those two criteria with what you choose.
How to get a judge to believe you?
The most important asset you have in a court case is your integrity and your credibility. Where two parties to a litigation are telling stories that are contradictory, a judge will tend to rule in favor of the litigant that is the most believable.
Can a case be reopened if it was dismissed without prejudice?
As the Supreme Court noted, California case law interpreting California law, held that prejudice was not required to reopen a previously dismissed case.
What makes a court order invalid?
A court order becomes invalid (or "void") due to fundamental flaws like a court exceeding its authority (lack of jurisdiction) or violating someone's due process rights, while other serious errors (fraud, perjury, coercion, lack of proper notice) can make a judgment voidable, requiring a motion to set it aside within specific timeframes. Minor issues like clerical mistakes can often be corrected, but major procedural failures or lack of legal basis renders an order legally unenforceable.
Are appeals usually successful?
No, appeals are generally not very successful, with most sources indicating success rates well below 20% and often in the single digits, though this varies by jurisdiction and case type, as appellate courts uphold trial decisions the majority of the time, but a strong case based on significant legal errors, not just dissatisfaction with the outcome, can improve odds. Winning requires demonstrating substantial legal mistakes that harmed the appellant, not simply disagreeing with the original verdict, and the complexity and cost are significant factors.