Under Rule 60, the motion for relief from judgment must be made within not more than how many years after judgment or order?

Prepare for the North Carolina Civil Procedure Test. Use flashcards and multiple-choice questions with hints and explanations. Gear up for your exam!

Multiple Choice

Under Rule 60, the motion for relief from judgment must be made within not more than how many years after judgment or order?

Explanation:
The main idea here is the time limit for seeking relief from a final judgment under Rule 60. In North Carolina, motions under Rule 60 to relieve a judgment or order must be filed within a reasonable time, and for the common grounds (such as mistake, inadvertence, surprise, excusable neglect; newly discovered evidence; or fraud), that deadline is not more than one year after the entry of the judgment or order. This one-year window helps balance finality with fairness, allowing relief for genuine errors or newly discovered facts while preventing endless challenges to a completed judgment. If the action is brought within that one-year period for the usual grounds, it can be entertained; after that, relief is typically not granted unless the court finds some exceptional reason to overlook the delay.

The main idea here is the time limit for seeking relief from a final judgment under Rule 60. In North Carolina, motions under Rule 60 to relieve a judgment or order must be filed within a reasonable time, and for the common grounds (such as mistake, inadvertence, surprise, excusable neglect; newly discovered evidence; or fraud), that deadline is not more than one year after the entry of the judgment or order. This one-year window helps balance finality with fairness, allowing relief for genuine errors or newly discovered facts while preventing endless challenges to a completed judgment. If the action is brought within that one-year period for the usual grounds, it can be entertained; after that, relief is typically not granted unless the court finds some exceptional reason to overlook the delay.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy