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A motion for relief from judgment is proper to correct mistakes in the entry of the judgment by the court clerk. A motion for relief from judgment may be proper for: (1) Mistake, inadvertence, or surprise. (2) Newly discovered evidence. (3) Fraud or misconduct. (4) Excusable neglect. (5) Void judgments. (6) Change in circumstances. (7) Relief otherwise justified. A motion for relief from judgment be granted for mistake, inadvertence, or surprise only if the mistake, inadvertence, or surprise must be extraordinary. This is a much higher standard than that which is applied in a motion for a new trial. As for excusable neglect, the neglect of counsel is not sufficient for a motion for relief from judgment. Other types of excusable neglect must be present to reopen a default judgment.


On matters of newly discovered evidence, the moving party must show that reasonable diligence could not have discovered the evidence, that the moving party used reasonable diligence, and the new evidence must be more than cumulative. This is the same standard used for a motion for a new trial. If the judgment is reopened for fraud or misconduct, the opposing party must prove that the fraud did not ...

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