Chapter 22 - § 22.5 RELIEF FROM JUDGMENT OR ORDER

• Jurisdiction: Colorado

§ 22.5 RELIEF FROM JUDGMENT OR ORDER

Colorado

➢ Time for Correcting Clerical Mistakes. Clerical mistakes in judgments or orders or errors in the record arising from oversight or omission may be corrected by the court at any time prior to the docketing of appeal, and during the pendency of an appeal, with permission of the appellate court. C.R.C.P. 60(a).

➢ A Clerical Mistake Introduced into an Order or Judgment by a Party may be Corrected. When a party makes an honest mistake in pleadings, which then appears in a judgment or order, it may be corrected pursuant to C.R.C.P. 60(a) where such correction comports with the understanding and expectations of the court and parties and does not impose additional liability or add a stranger to the action. Reisbeck, LLC v. Levis, 2014 COA 167, ¶¶ 12-15.

➢ Interest. Failure to include prejudgment interest in a situation where such interest was required by statute was the type of clerical mistake governed by C.R.C.P. 60(a). The fact that an omission of prejudgment interest is not corrected until several years after entry of judgment is insignificant. Edmonds v. Western Sur. Co., 962 P.2d 323 (Colo. App. 1998); Brooks v. Jackson, 813 P.2d 847, 849 (Colo. App. 1991).
➢ Time for Setting Aside Judgment for Reasons Other than Clerical Mistakes. A motion for relief from a judgment or order, for reasons other than clerical mistakes, must be made within a reasonable time. C.R.C.P. 60(b). Motions for relief based on mistake, inadvertence, surprise, or excusable neglect, as well as motions for relief based on fraud, misrepresentation, or other misconduct of an adverse party, must be made no later than 182 days after the judgment or order was entered. Id.

➢ Deadlines Strictly Construed. A deadline, when applicable, is strictly construed. Fiant v. Town of Naturita, 259 P.2d 278, 279-80 (Colo. 1953); AA Constr. Co. v. Gould, 470 P.2d 916, 918 (Colo. App. 1970).

➢ Void Judgments. Void judgments may be vacated at any time. Don J. Best Trust v. Cherry Creek Nat'l Bank, 792 P.2d 302, 304 (Colo. App. 1990).

➢ Presumption of Regularity of Judgments. Judgments are presumed to be valid and properly entered, even where a court has lost or destroyed portions of a file. Tallman v. Aune, 2019 COA 12, ¶ 29.

➢ No Time Limit for Independent Action. The deadline under C.R.C.P. 60(b) has no application to independent equitable actions for relief from judgments. Terry v. Terry, 387 P.2d 902, 903 (Colo. 1963).

➢ Hearing Discretionary. The

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