60-260. Relief from judgment or order.
60-260
60-260. Relief from judgment or order.(a) Clerical mistakes. Clerical mistakes in judgments, orders orother parts of the record and errors therein arising from oversight oromission may be corrected by the court at any time of its own initiative oron the motion of any party and after such notice, if any, as the courtorders. During the pendency of an appeal, such mistakes may be so correctedbefore the record on appeal is filed in the appellate court, and thereafterwhile the appeal is pending may be so corrected with leave of the appellate court.
(b) Mistakes; inadvertence; excusable neglect; newly discoveredevidence; fraud, etc. On motion and upon such terms as are just, thecourt may relieve a party or said party's legal representative from a finaljudgment, order, or proceeding for the following reasons: (1) mistake,inadvertence, surprise, or excusable neglect; (2) newly discovered evidencewhich by due diligence could not have been discovered in time to move for anew trial under K.S.A. 60-259 (b); (3) fraud (whether heretoforedenominated intrinsic or extrinsic), misrepresentation, or other misconductof an adverse party; (4) the judgment is void; (5) the judgment has beensatisfied, released, or discharged, or a prior judgment upon which it isbased has been reversed or otherwise vacated, or it is no longer equitablethat the judgment should have prospective application; or (6) any otherreason justifying relief from the operation of the judgment. The motionshall be made within a reasonable time, and for reasons (1), (2) and (3)not more than one year after the judgment, order, or proceeding was enteredor taken. A motion under this subsection (b) does not affect the finalityof a judgment or suspend its operation. This section does not limit thepower of a court to entertain an independent action to relieve a party froma judgment, order, or proceeding, or to grant relief to a defendant notactually personally notified as provided in K.S.A. 60-309 or to set asidea judgment for fraud upon the court. Writs of coram nobis, coram vobis,audita querela, and bills of review and bills in the nature of a bill ofreview, are abolished, and the procedure for obtaining any relief from ajudgment shall be by motion as prescribed in this article or by anindependent action.
History: L. 1963, ch. 303, 60-260; L. 1976, ch. 251, § 5;Jan. 10, 1977.