§ 9-21-2 - Relief from judgment or decree.

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 orhis or her legal representative from a final judgment, order, decree, orproceeding entered therein for the following reasons:

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

   (2) Newly discovered evidence which by due diligence couldnot have been discovered in time to move for a new trial under applicable law;

   (3) Fraud (whether heretofore denominated intrinsic orextrinsic), 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 otherwisevacated, or it is no longer equitable that the judgment should have prospectiveapplication; or

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

   (b) The motion shall be made within a reasonable time and notmore than one year after the judgment, order, or proceeding was entered ortaken.