# Del. J.P. Ct. Civ. R. 60: Rule 60. Relief from judgment or order

> Delaware · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R60

## Section

- **Citation:** Del. J.P. Ct. Civ. R. 60
- **Heading:** Rule 60. Relief from judgment or order
- **Jurisdiction:** Delaware
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Delaware Court Rules / Justice of the Peace Court / Justice of the Peace Court Civil Rules / Del. J.P. Ct. Civ. R. 60

## 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.

## Nearby sections

- [Del. J.P. Ct. Civ. R. 1 Rule 1. Scope of Rules](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R1.md)
- [Del. J.P. Ct. Civ. R. 2 Rule 2. One form of action](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R2.md)
- [Del. J.P. Ct. Civ. R. 3 Rule 3. Commencement of action](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R3.md)
- [Del. J.P. Ct. Civ. R. 4 Rule 4. Process](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R4.md)
- [Del. J.P. Ct. Civ. R. 5 Rule 5. Service and filing of pleadings and other papers](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R5.md)
- [Del. J.P. Ct. Civ. R. 6 Rule 6. Time](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R6.md)
- [Del. J.P. Ct. Civ. R. 7 Rule 7. Pleadings allowed; motions](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R7.md)
- [Del. J.P. Ct. Civ. R. 8 Rule 8. General rules of pleading](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R8.md)
- [Del. J.P. Ct. Civ. R. 9 Rule 9. Pleadings and special matters](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R9.md)
- [Del. J.P. Ct. Civ. R. 10 Rule 10. Form of pleadings, motions and other papers](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R10.md)
- [Del. J.P. Ct. Civ. R. 11 Rule 11. Signing of pleadings, motions, and other papers: representations to Court, sanctions.](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R11.md)
- [Del. J.P. Ct. Civ. R. 12 Rule 12. Defenses](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R12.md)
- [Del. J.P. Ct. Civ. R. 13 Rule 13. Counterclaims and cross-claims](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R13.md)
- [Del. J.P. Ct. Civ. R. 14 Rule 14. Third-party practice](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_DE_DEJPCIV_R60. Check the current official text before relying on it. Not legal advice.