TITLE 9
Courts and Civil Procedure/Procedure Generally

CHAPTER 9-21
Judgments, Orders, and Decrees

SECTION 9-21-2


   § 9-21-2  Relief from judgment or decree. – (a) On motion and upon such terms as are just, a court may relieve a party or his or her legal representative from a final judgment, order, decree, or proceeding entered therein for the following reasons:

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

   (2) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under applicable law;

   (3) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;

   (4) The judgment is void;

   (5) The judgment has been satisfied, released, or 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 application; or

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

   (b) The motion shall be made within a reasonable time and not more than one year after the judgment, order, or proceeding was entered or taken.