Rule 60. Relief from judgment or order

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Delaware Court Rules › Justice of the Peace Court › Justice of the Peace Court Civil Rules › Del. J.P. Ct. Civ. R. 60

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

(a) Clerical mistakes. -- Clerical mistakes in judgments, orders or other parts of the record

and errors therein arising from oversight or omission may be corrected by the Court any time

of its own initiative, or on motion of any party and after such notice, if any, as the Court

orders.

(b) Mistake; inadvertence, neglect, newly discovered evidence, fraud, etc. -- On motion and

upon such terms as are just the Court may relieve a party or a party's legal representative from

a final judgment, order or proceeding for the following reasons:

(1) Mistake, inadvertence, surprise or excusable neglect;

(2) newly discovered evidence which by due diligence could not have been

discovered at the time of the trial;

(3) fraud, misrepresentation or other misconduct of an adverse party;

(4) the judgment is void;

(5) the judgment has been satisfied, released, 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 applications; or

(6) any other reason justifying relief from the operation of the judgment. Such

motion shall be made within a reasonable time.

A motion under this paragraph does not affect the finality of a judgment or suspend its

operation. This rule does not limit the power of a court to entertain an independent action to

relieve a party from a judgment, order or proceeding, or to grant any relief provided by statute,

or to set aside a judgment for fraud upon the Court.

(c) Default judgments. -- For the reasons in subsections (b)(1), (2), and (3) in this Rule, a

motion to vacate a default judgment shall be made:

(A) In debt, trespass and replevin actions, not more than 15 days after judgment was

given by default or not more than 30 days, if service was made by certified mail;

(B) in summary possession actions, not more than 10 days after entry of the default

judgment. For all other reasons, the motion shall be made in a reasonable time.

this Rule, a

motion to vacate a default judgment shall be made:

(A) In debt, trespass and replevin actions, not more than 15 days after judgment was

given by default or not more than 30 days, if service was made by certified mail;

(B) in summary possession actions, not more than 10 days after entry of the default

judgment. For all other reasons, the motion shall be made in a reasonable time.

(d) Nonsuit judgments. -- A motion to vacate a nonsuit in a summary possession action

may be made within 10 days of the entry of the nonsuit.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Rule 60. Relief from judgment or order · Del. J.P. Ct. Civ. R. 60 | Frix