Definition

A provision preserving certain additional avenues for relief from judgment outside of Rule 60(b), including independent actions and relief from fraud on the court. Unlike Rule 60(b), Rule 60(d) has no explicit time limit. Respondent argued that if the drafters wanted no time limit for void judgments, they would have placed them under this provision.

Examples

  • Justice Gorsuch asked whether petitioner could file an independent action under Rule 60(d)(1) as a fallback if the Court ruled against it on the Rule 60(b)(4) timing question.

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