Massachusetts Motion to Vacate a Judgment

Introduction

Key Things to Know

1. 1

   Massachusetts' term is relief from judgment. Under Mass. R. Civ. P. 60(b), on motion and upon such terms as are just, the court may relieve a party from a final judgment, order, or proceeding for one of the listed reasons. The court decides whether a reason is shown.

2. 2

   The listed reasons are: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) 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 (6) any other reason justifying relief from the operation of the judgment. Reasons (1) to (3) must be raised within a reasonable time and not more than one year after entry; reasons (4) to (6), within a reasonable time.

3. 3

   The motion must be made within a reasonable time, and for reasons (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b), and (3) fraud, misrepresentation, or other misconduct of an adverse party, not more than one year after the judgment, order or proceeding was entered or taken. A void-judgment motion under (4) is held to the reasonable-time requirement, so move promptly.

4. 4

   A Rule 60(b) motion does not affect the finality of a judgment or suspend its operation, so filing does not by itself stop enforcement. Rule 62(b) allows the court to stay execution under certain conditions upon filing of a Rule 60 motion; ask for the stay in writing.

5. 5

   Small claims has its own rule. Under Uniform Small Claims Rule 8, within one year of the date of judgment the court may grant relief for want of actual notice to a party, for error, or for any other cause. Before vacating a defendant's default or letting a plaintiff bring a dismissed claim again, the court must require a showing of sufficient cause. It may not grant relief ex parte, and it may consider awarding costs to the opposing party who appeared in good faith. A meritorious excuse for not appearing is not, of itself, sufficient reason to remove a default.

6. 6

   In eviction (summary process) cases in the District Court and Boston Municipal Court, Uniform Summary Process Rule 11 makes Rule 60(b) relief available only where the judgment was entered on default or dismissal, not after a hearing on the merits. In the Superior Court and Housing Court, Rules 60 and 62 apply to summary process actions.

7. 7

   Under Mass. R. Civ. P. 55(c), a default judgment may be set aside in accordance with Rule 60(b). For a default judgment, also see the Massachusetts set-aside-default page at /legal-document/set-aside-default/massachusetts.

Massachusetts Requirements for Motion to Vacate

• Listed Reasons

  Mass. R. Civ. P. 60(b): (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time for Rule 59(b); (3) fraud, misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) satisfied, released, or discharged, prior judgment reversed or otherwise vacated, or no longer equitable prospectively; (6) any other reason justifying relief.

• Time Limits

  Mass. R. Civ. P. 60(b): within a reasonable time for every reason, and for (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered evidence which by due diligence could not have been discovered in time for Rule 59(b), and (3) fraud, misrepresentation, or other misconduct, not more than one year after the judgment, order or proceeding was entered or taken.

• Stay of Execution

  A Rule 60(b) motion does not affect finality or suspend the judgment. Rule 62(b) allows the court to stay execution under certain conditions upon filing of a Rule 60 motion.

• Small Claims Rule 8

  Uniform Small Claims Rule 8: within one year of the date of judgment, for want of actual notice, for error, or for any other cause; sufficient cause must be shown before a default is vacated or a dismissed claim is brought again; not ex parte; costs may be considered for the opposing party who appeared in good faith at the initially scheduled court date.

• Summary Process Limit

  Uniform Summary Process Rule 11: in the District Court and BMC, Rule 60(b) relief only where judgment entered on default or dismissal, not after a hearing on the merits; in the Superior and Housing Courts, Rules 60 and 62 apply.

• Independent Action

  Rule 60(b) preserves an independent action for relief and the power to set aside a judgment for fraud upon the court; writs of review, error, audita querela and petitions to vacate judgment are abolished.

• Court Forms

  District Court Motion to the Court and Affidavit; Housing Court HC0008, Motion to Vacate Default Judgment (Remove Default). Ask the clerk which form the court uses.

• Reason and Timeliness Statement

  Name the Rule 60(b) reason or the Small Claims Rule 8 cause, the supporting facts, the date of judgment, and why the motion is within a reasonable time and any one-year limit.