> > reopening a case

Reopening a Case

Quick Facts

Not all cases may be reopened.
The most common reason to reopen a case is to ensure equitable justice.

Obtaining Relief from Injustice

On motion and proper circumstances, the court has the authority to grant a party relief from a judgment and decree, order, or proceeding. However, a court cannot reopen a case to modify provisions dissolving the marriage, annulling the marriage, or directing that the parties are legally separated. The court may order a new trial or grant other relief as may be just for the following reasons:

mistake, inadvertence, surprise, or excusable neglect;
newly discovered evidence that could not have been discovered in time to move for a new trial under the Rules of Civil Procedure;
fraud, whether denominated implicit or explicit, misrepresentation, or other misconduct of an adverse party;
the judgment and decree or order is void; or
the judgment has been satisfied, released, or discharged, or a prior judgment and decree or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment and decree or order should have prospective application.

The motion must be made within a reasonable time, and for a reason under (1), (2), or (3) above, not more than one year after the judgment and decree, order, or proceeding was filed or held. A motion for a new trial does not affect the finality of a judgment and decree or order or suspend its operation.

The court may proceed with an independent action to grant a party relief from a judgment and decree, order, or proceeding, or to grant relief to a party not personally notified as required by the Rules of Civil Procedure, or to set aside a judgment for fraud upon the court.