Minnesota Motion to Vacate a Judgment

Introduction

Key Things to Know

1. 1

   Under Minn. R. Civ. P. 60.02, the court may relieve a party from a final judgment (other than a marriage dissolution decree), order, or proceeding, and may order a new trial or grant such other relief as may be just. The court decides whether a listed ground is shown. For a dissolution decree, ask the court or a lawyer which rule applies.

2. 2

   The grounds are: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial pursuant to Rule 59.03; (c) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (d) the judgment is void; (e) 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 (f) any other reason justifying relief from the operation of the judgment. Grounds (a) to (c) must be raised within a reasonable time and not more than one year after entry; grounds (d) to (f), within a reasonable time.

3. 3

   The motion must be made within a reasonable time, and for reasons (a) mistake, inadvertence, surprise, or excusable neglect, (b) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial pursuant to Rule 59.03, and (c) 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 (d) is held to the reasonable-time requirement, so move promptly.

4. 4

   A Rule 60.02 motion does not affect the finality of a judgment or suspend its operation. Filing does not by itself stop collection or enforcement; if you need it paused, ask the court for a stay in writing.

5. 5

   Conciliation court, first 21 days: under Gen. R. Prac. 520(a), within 21 days after notice of the judgment order was transmitted, the judge may vacate it ex parte and grant a new trial on a proper showing by the defaulting party of lack of notice, mistake, inadvertence or excusable neglect as the cause of the failure to appear.

6. 6

   Conciliation court, after 21 days: Rule 520(b) covers only a default judgment or a judgment of dismissal with prejudice. Relief is by motion, made within a reasonable time after you learn of the judgment, for (1) not receiving a summons in time to appear and not receiving notice of the order for judgment in time to seek relief within 21 days, or (2) other good cause. The order vacating the judgment must grant a new trial on the merits and may be conditioned on costs not over $50. Forms CCT505 to CCT507, including the CCT507 supporting affidavit, cover this track.

7. 7

   Minn. Stat. 548.14 allows an action to set aside a judgment obtained by perjury, subornation of perjury, or fraud of the prevailing party, brought in the same judicial district within three years after discovery of the perjury or fraud. If the judgment was entered by default (Rule 55.01), also see the Minnesota set-aside-default page at /legal-document/set-aside-default/minnesota.

Minnesota Requirements for Motion to Vacate

• Listed Grounds

  Minn. R. Civ. P. 60.02: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which by due diligence could not have been discovered in time for Rule 59.03; (c) fraud, misrepresentation, or other misconduct of an adverse party; (d) the judgment is void; (e) satisfied, released, or discharged, prior judgment reversed or otherwise vacated, or no longer equitable prospectively; (f) any other reason justifying relief.

• Time Limits

  Rule 60.02: within a reasonable time for every ground, and for (a) mistake, inadvertence, surprise, or excusable neglect, (b) newly discovered evidence which by due diligence could not have been discovered in time for Rule 59.03, and (c) fraud, misrepresentation, or other misconduct, not more than one year after entry. Dissolution decrees are outside Rule 60.02.

• No Suspension of the Judgment

  Rule 60.02: the motion does not affect the finality of a judgment or suspend its operation. A stay must be asked for.

• Conciliation Court, 21 Days

  Gen. R. Prac. 520(a): within 21 days after notice was transmitted, the judge may vacate ex parte and grant a new trial on a showing of lack of notice, mistake, inadvertence or excusable neglect as the cause of not appearing.

• Conciliation Court, After 21 Days

  Gen. R. Prac. 520(b), for a default judgment or judgment of dismissal with prejudice only: by motion within a reasonable time after learning of the judgment, for lack of summons and notice or other good cause; new trial on the merits; costs not over $50.

• Conciliation Court Forms

  For the after-21-day conciliation court motion, the court's forms packet lists CCT505 (instructions), CCT506 (notice and motion) and CCT507 (Affidavit in Support of Motion to Vacate Conciliation Court Judgment after Deadline). Ask the clerk which to file.

• Fraud or Perjury Action

  Minn. Stat. 548.14: action to set aside a judgment obtained by perjury or fraud of the prevailing party, in the same judicial district, within three years after discovery.

• Ground and Timeliness Statement

  Name the Rule 60.02 or Rule 520 ground, the supporting facts, the date of entry or notice, and why the motion is within a reasonable time and any one-year or 21-day limit.