| In Ohio and other states, a judgment is final 30 days after it is entered in a case. Is it possible to get any relief from the judgment after the 30-day period has expired? This article discusses generally setting aside, reopening, correcting, or obtaining judicial relief from a final judgment.
Motion for New Trial
A party can file a motion for a new trial after a final judgment has been entered. The following are grounds for granting a new trial: an error in law occurred during the trial; there were irregularities in the proceedings; newly discovered evidence has been found; the jury was guilty of misconduct or excessive damages were awarded that seem to show passion or prejudice on the part of the jury; or the evidence was insufficient to justify the verdict.
Motion to Correct Clerical Errors
Clerical mistakes in judgments may be corrected by the court itself or on the motion of any party.
Relief Based on Mistake or Excusable Neglect
A person seeking relief from a judgment based on mistake or excusable neglect has to show that he or she has a meritorious claim or defense in addition to showing the existence of mistake, inadvertence, surprise, or excusable neglect. A motion for relief based on mistake or excusable neglect must be made within one year of the judgment. Carelessness and ignorance of the law do not justify relief.
Relief Based on Newly Discovered Evidence
A party can seek relief from a judgment when new evidence is discovered after the trial if the evidence could not have been discovered sooner by using due diligence. A motion seeking relief based on newly discovered evidence must be made within one year of the judgment.
Relief Based on Fraud
Fraud, misrepresentation, or any other misconduct by the opposing party are additional grounds for obtaining relief from a judgment. A motion for relief based on fraud must be made within one year of the judgment.
Relief Based on Extraordinary Circumstances
A court can grant relief from a judgment in extraordinary, unusual, or unique circumstances or situations. A motion for relief based on extraordinary circumstances must be made within a reasonable time.
Void Judgments
It is possible to obtain relief from a judgment if the judgment was beyond the court's power to render. If the court lacked jurisdiction or authority over the subject matter of the lawsuit, any judgment entered by the court is void. Also, if the defendant (the person being sued) was not properly served with the summons and complaint, the court's judgment is void from the beginning and can be set aside or vacated at any time.
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