Ohio Motion for Relief From Judgment

Q: How long do I have to file a motion to vacate a judgment in Ohio?

Every Civ.R. 60(B) motion must be made within a reasonable time. For grounds (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 Civ.R. 59(B), and (3) fraud, misrepresentation or other misconduct of an adverse party, the motion must also be made not more than one year after the judgment, order or proceeding was entered or taken. Grounds (4) (satisfied, released or discharged, prior judgment reversed or vacated, or no longer equitable) and (5) (any other reason justifying relief from the judgment) are not subject to the one-year limit, but you still bear the burden of showing you filed within a reasonable time, so file as soon as you can.

Q: What are the grounds to vacate a judgment in Ohio?

Civ.R. 60(B) lists five 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 Civ.R. 59(B); (3) fraud, misrepresentation or other misconduct of an adverse party; (4) the judgment has been satisfied, released or discharged, 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 (5) any other reason justifying relief from the judgment. Reasons (1) to (3) carry a one-year outer limit; all must be raised within a reasonable time. The court decides whether your facts fit a ground.

Q: What do Ohio courts require besides a listed ground?

Under the GTE test, from GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (1976), you must show a meritorious defense or claim to present if relief is granted, a ground under Civ.R. 60(B)(1) through (5), and that the motion was made within a reasonable time. Courts look for operative facts, so describe what happened and what your defense or claim is in concrete terms.

Q: Does filing a 60(B) motion stop collection of an Ohio judgment?

No, not by itself. Civ.R. 60(B) says the motion does not affect the finality of a judgment or suspend its operation. Under Civ.R. 62(A), the court may, in its discretion and on conditions for the adverse party's security, stay execution while a Civ.R. 60 motion is pending. You must ask for that stay by motion.

Q: How do I vacate an Ohio small claims judgment?

R.C. 1925.14 says judgments of the small claims division may be modified or vacated in the same manner as other civil actions, and R.C. 1925.09 lets the court allow a claim to be amended upon vacation of a judgment. Ask the small claims clerk whether the court uses its own form or procedure for the motion.

Q: Can I file a separate lawsuit to undo an Ohio judgment?

Civ.R. 60(B) states that the procedure for obtaining any relief from a judgment shall be by motion as prescribed in the Civil Rules. The usual route is a motion in the court that entered the judgment. If you think another route may apply to your situation, talk with an Ohio lawyer before you file.

Q: What if I think the Ohio judgment is void?

The reasons listed in Civ.R. 60(B) end at (5), any other reason justifying relief from the judgment, which must be raised within a reasonable time. If you believe the court lacked power to enter the judgment, talk with an Ohio lawyer or the clerk about how to raise it, and act promptly.

Q: Is there an official Ohio form for a motion for relief from judgment?

Ask the clerk of the court that entered the judgment whether it has a form or local rules for Civ.R. 60(B) motions. Whatever format you use, state the ground, the dates, your meritorious defense or claim and the facts behind them.

Civ.R. 60(B): a reasonable time for every ground, and no more than 1 year for grounds (1) to (3).

Find out where you stand in Ohio

What kind of judgment do you want vacated?

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Introduction

Ohio uses a Civ.R. 60(B) motion for relief from judgment. It must be made within a reasonable time, and on grounds (1), (2) or (3) no more than one year after the judgment was entered. You must also show a meritorious defense or claim.

Key Things to Know

1
Ohio's term is relief from judgment under Civ.R. 60(B), often called a 60(B) motion. On motion and upon such terms as are just, the court may relieve a party from a final judgment, order or proceeding for a listed reason. The rule says the procedure for obtaining any relief from a judgment shall be by motion as prescribed in the Civil Rules. The court decides whether relief is warranted.
2
The listed reasons, in the rule's words, 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 Civ.R. 59(B); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (4) 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 (5) any other reason justifying relief from the judgment. Reasons (1) to (3) must be raised within a reasonable time and not more than one year after entry; reasons (4) and (5) within a reasonable time.
3
Every 60(B) motion must be made within a reasonable time. Motions on grounds (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 Civ.R. 59(B), and (3) fraud, misrepresentation or other misconduct of an adverse party must also be made not more than one year after the judgment, order or proceeding was entered or taken. Motions under (4) (satisfied, released or discharged, prior judgment reversed or vacated, or no longer equitable) and (5) (any other reason justifying relief from the judgment) are not subject to the one-year limit but must still be brought within a reasonable time, and the movant bears the burden of showing the motion was filed within a reasonable time.
4
Under GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (1976), the movant must show (1) a meritorious defense or claim to present if relief is granted, (2) entitlement to relief under one of the grounds in Civ.R. 60(B)(1) through (5), and (3) that the motion is made within a reasonable time. Courts look for operative facts showing the meritorious defense or claim, not bare conclusions.
5
A 60(B) motion does not affect the finality of a judgment or suspend its operation, so filing does not by itself stop enforcement. Under Civ.R. 62(A), the court may, in its discretion and on conditions for the security of the adverse party, stay execution on a motion made any time after judgment, including while a Civ.R. 60 motion is pending. Ask for the stay in writing.
6
Small claims: under R.C. 1925.14, judgments of the small claims division may be modified or vacated in the same manner as other civil actions, and under R.C. 1925.09 the court may allow a claim to be amended upon vacation of a judgment. Civ.R. 1(C) says the Civil Rules do not apply in small claims or forcible entry and detainer (eviction) cases only to the extent they would by their nature be clearly inapplicable. Ask the clerk how the court handles these motions.
7
If the judgment was entered by default, Civ.R. 55(B) says the court may set it aside in accordance with Rule 60(B). For a default judgment, also see /legal-document/set-aside-default/ohio.

Key decisions before you file

Before you file a Motion to Vacate in Ohio, a few decisions shape the document: which option to choose and what each one means. The Motion to Vacate guide walks through them.

Open the Motion to Vacate guide

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IN THE [COURT OF COMMON PLEAS OR MUNICIPAL COURT] [COUNTY] COUNTY, OHIO

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] Judge [JUDGE NAME] [DEFENDANT NAME], Defendant.

MOTION FOR RELIEF FROM JUDGMENT (Ohio Civ.R. 60(B))

[MOVANT NAME], the [PLAINTIFF OR DEFENDANT], moves this Court under Civ.R. 60(B) for relief from the judgment described below, upon such terms as are just.

THE JUDGMENT On [DATE JUDGMENT ENTERED], this Court entered judgment against the movant in favor of [OPPOSING PARTY NAME] for $[AMOUNT] or [OTHER RELIEF ORDERED]. The movant learned of the judgment on [DATE OF NOTICE OR SERVICE] by [HOW NOTICE WAS RECEIVED].
GROUNDS FOR RELIEF [IF GROUND (1): Civ.R. 60(B)(1), mistake, inadvertence, surprise or excusable neglect, raised within a reasonable time and not more than one year after entry: [OPERATIVE FACTS].] [IF GROUND (2): Civ.R. 60(B)(2), newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Civ.R. 59(B), raised within a reasonable time and not more than one year after entry: [EVIDENCE AND WHEN IT WAS FOUND].] [IF GROUND (3): Civ.R. 60(B)(3), fraud, misrepresentation or other misconduct of an adverse party, raised within a reasonable time and not more than one year after entry: [OPERATIVE FACTS].] [IF GROUND (4): Civ.R. 60(B)(4), 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, raised within a reasonable time: [OPERATIVE FACTS].] [IF GROUND (5): Civ.R. 60(B)(5), any other reason justifying relief from the judgment, raised within a reasonable time: [OPERATIVE FACTS].]
MERITORIOUS DEFENSE OR CLAIM If relief is granted, the movant has a meritorious [DEFENSE OR CLAIM] to present, namely [OPERATIVE FACTS OF THE DEFENSE OR CLAIM].
TIMELINESS This motion is made within a reasonable time. The judgment was entered on [DATE JUDGMENT ENTERED] and the movant acted on [FILING DATE] because [REASONS FOR THE TIMING]. [IF GROUND (1), (2) OR (3): This motion is filed not more than one year after the judgment was entered.] [IF GROUND (4) OR (5): These grounds are not subject to the one-year limit, and this motion is brought within a reasonable time.]
STAY OF EXECUTION [IF APPLICABLE: Under Civ.R. 62(A), the movant asks the Court to stay execution of the judgment while this motion is pending, on such conditions for the security of the adverse party as the Court finds proper.]

WHEREFORE, the movant asks the Court to: (a) grant relief from the judgment entered on [DATE JUDGMENT ENTERED]; (b) [IF APPLICABLE: stay execution of the judgment while this motion is pending]; (c) set this motion for hearing; and (d) grant any other relief the Court finds just.

Respectfully submitted,

[MOVANT SIGNATURE] [MOVANT PRINTED NAME] [MOVANT ADDRESS] [MOVANT PHONE AND EMAIL] [IF APPLICABLE: Attorney Registration No. [NUMBER]]

CERTIFICATE OF SERVICE I certify that on [DATE OF SERVICE] a copy of this Motion for Relief from Judgment was served on [NAME OF EACH PARTY OR ATTORNEY] by [METHOD OF SERVICE] at [ADDRESS OR EMAIL USED].

[MOVANT SIGNATURE]

Ohio Requirements for Motion to Vacate

Listed Grounds
Ohio Civ.R. 60(B): (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 Civ.R. 59(B); (3) fraud, misrepresentation or other misconduct of an adverse party; (4) satisfied, released or discharged, prior judgment reversed or vacated, or no longer equitable; (5) any other reason justifying relief.
Time Limits
Civ.R. 60(B): within a reasonable time, and for (1) mistake 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 Civ.R. 59(B), and (3) fraud or misconduct, not more than one year after entry. Grounds (4) and (5) have no one-year limit but must be brought within a reasonable time; the movant bears that burden.
GTE Three-Part Test
GTE Automatic Elec. v. ARC Industries, 47 Ohio St.2d 146 (1976): a meritorious defense or claim, a ground under Civ.R. 60(B)(1)-(5), and a motion made within a reasonable time. Courts look for operative facts.
No Automatic Stay
Civ.R. 60(B): the motion does not affect finality or suspend the judgment's operation. Civ.R. 62(A): on motion, the court may stay execution during a pending Civ.R. 60 motion, in its discretion and on security conditions.
Small Claims Judgments
R.C. 1925.14: small claims division judgments may be modified or vacated in the same manner as other civil actions. R.C. 1925.09: the court may allow a claim to be amended upon vacation of a judgment.
Relief by Motion
Civ.R. 60(B): the procedure for obtaining any relief from a judgment shall be by motion as prescribed in the Civil Rules. Civ.R. 55(B): a default judgment may be set aside in accordance with Rule 60(B).
Ground and Defense Statement
Name the Civ.R. 60(B) subsection relied on, the operative facts behind it, the meritorious defense or claim, the date of entry, and why the motion is within a reasonable time and, for grounds (1) mistake, (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Civ.R. 59(B), or (3) fraud, within one year.

Frequently Asked Questions

How long do I have to file a motion to vacate a judgment in Ohio?

What are the grounds to vacate a judgment in Ohio?

What do Ohio courts require besides a listed ground?

Does filing a 60(B) motion stop collection of an Ohio judgment?

How do I vacate an Ohio small claims judgment?

Can I file a separate lawsuit to undo an Ohio judgment?

What if I think the Ohio judgment is void?

Is there an official Ohio form for a motion for relief from judgment?

Find out where you stand in Ohio

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Vacate Template with DocDraft

Ohio Requirements for Motion to Vacate

Listed Grounds

Time Limits

GTE Three-Part Test

No Automatic Stay

Small Claims Judgments

Relief by Motion

Ground and Defense Statement

Frequently Asked Questions