Indiana Motion for Relief from Judgment

Introduction

Key Things to Know

1. 1

   Indiana's rule is Trial Rule 60(B), a motion for relief from a judgment or order. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a judgment, including a judgment by default, for the reasons the rule lists. The court decides, so relief is never automatic.

2. 2

   Trial Rule 60(B) lists eight reasons: (1) mistake, surprise, or excusable neglect; (2) any ground for a motion to correct error, including without limitation newly discovered evidence, which by due diligence could not have been discovered in time to move for a motion to correct errors under Rule 59; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) a default or judgment by default entered against a party served only by publication and without actual knowledge of the action and judgment; (5) except in the case of a divorce decree, the record fails to show the party was represented by a guardian or other representative, the party was an infant or incompetent person and was not in fact represented, the motion was made within ninety days after the disability was removed or a guardian was appointed, the motion alleges a valid defense or claim, and the rule's other conditions are met; (6) the judgment is void; (7) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; and (8) any reason justifying relief from the operation of the judgment, other than reasons (1) to (4).

3. 3

   The motion shall be filed within a reasonable time for reasons (5) unrepresented infant or incompetent, (6) void judgment, (7) satisfied, reversed or no longer equitable, and (8) any other reason, and not more than one year after the judgment, order or proceeding was entered or taken for reasons (1) mistake, surprise, or excusable neglect, (2) any ground for a motion to correct error, including newly discovered evidence which by due diligence could not have been discovered in time to move for a motion to correct errors under Rule 59, (3) fraud, misrepresentation, or other misconduct of an adverse party, and (4) a default against a party served only by publication without actual knowledge. The one-year clock runs from entry, not from when you learned of the judgment. A void judgment is held to the reasonable-time standard, so delay can still hurt.

4. 4

   A motion for reasons (1) mistake, surprise, or excusable neglect, (2) any ground for a motion to correct error, including newly discovered evidence which by due diligence could not have been discovered in time to move for a motion to correct errors under Rule 59, (3) fraud or misconduct, (4) a publication-service default, or (8) any other reason must allege a meritorious claim or defense. Under Trial Rule 60(D), in passing on the motion the court shall hear any pertinent evidence, allow new parties to be served with summons, and allow discovery, so be ready to prove the facts you allege.

5. 5

   Filing does not by itself stop enforcement. Trial Rule 60(B) says the motion does not affect the finality of a judgment or suspend its operation. Under Trial Rule 62(B)(4), the court may, in its discretion and on conditions for the security of the adverse party, stay execution or proceedings to enforce the judgment pending a Rule 60 motion, so ask for a stay in writing.

6. 6

   Small claims has its own track. Under Small Claims Rule 10(C), upon good cause shown the court may, within one year after entering a default judgment, vacate it and reschedule the hearing of the original claim. After one year, the judgment debtor may seek reversal only by filing an independent action, as provided in Trial Rule 60(B).

7. 7

   Trial Rule 60(B) does not limit the court's power to entertain an independent action to relieve a party from a judgment, or to act for fraud upon the court; writs of coram nobis, coram vobis and audita querela, and bills of review, are abolished. Trial Rule 55(C) says a default judgment may be set aside under Rule 60(B). For a default judgment, also see /legal-document/set-aside-default/indiana.

Indiana Requirements for Motion to Vacate

• Trial Rule 60(B) Motion

  Indiana Trial Rule 60(B): on motion and upon such terms as are just, the court may relieve a party from a judgment, including a judgment by default, for the reasons the rule lists. Relief is up to the court.

• Time Limits by Reason

  Trial Rule 60(B): not more than one year after entry for reasons (1) mistake, (2) any ground for a motion to correct error, including newly discovered evidence which by due diligence could not have been discovered in time to move for a motion to correct errors under Rule 59, (3) fraud and (4) publication-service default; a reasonable time for (5) unrepresented infant or incompetent, (6) void, (7) satisfied or reversed and (8) any other reason, and reason (5) also within ninety days after the disability was removed or a guardian was appointed.

• Meritorious Claim or Defense

  Trial Rule 60(B): a motion for reasons (1) mistake, (2) any ground for a motion to correct error, including newly discovered evidence which by due diligence could not have been discovered in time to move for a motion to correct errors under Rule 59, (3) fraud, (4) publication-service default or (8) any other reason must allege a meritorious claim or defense.

• Hearing and Evidence

  Trial Rule 60(D): in passing on the motion, the court shall hear any pertinent evidence, allow new parties to be served with summons, and allow discovery.

• No Suspension; Discretionary Stay

  Trial Rule 60(B): the motion does not affect the finality of a judgment or suspend its operation. Trial Rule 62(B)(4): the court may, in its discretion and on conditions for the adverse party's security, stay execution or enforcement pending a Rule 60 motion.

• Small Claims Default

  Small Claims Rule 10(C): upon good cause shown, within one year after entering a default judgment, the court may vacate it and reschedule the hearing. After one year, reversal only by an independent action as provided in Trial Rule 60(B).

• Reason and Timeliness Statement

  Name the numbered Trial Rule 60(B) reason, the facts supporting it, the date the judgment was entered, and why the motion is within one year or a reasonable time, as that reason requires.