{"data":{"id":"us-sd/sdcl-15-6-60-b","jurisdiction":"us-sd","citation":"SDCL § 15-6-60(b)","heading":"Relief on ground of mistake--Inadvertence--Excusable neglect--Newly discovered evidence--Fraud.","body":"On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons:\n(1) Mistake, inadvertence, surprise, or excusable neglect;\n(2) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under § 15-6-59(b);\n(3) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;\n(4) The judgment is void;\n(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\n(6) Any other reason justifying relief from the operation of the judgment.\nThe motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. Section 15-6-60 does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided by statute or to set aside a judgment for fraud upon the court.","path":["TITLE 15. CIVIL PROCEDURE","CHAPTER 15-6. RULES OF PROCEDURE IN CIRCUIT COURTS"],"source_url":"https://sdlegislature.gov/Statutes/15-6-60(b)","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"096d5b1ce78f7d970115b149b35dc62780f6305fa17abb0c10a3385db7c76247","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-15-6-60-a","next":"us-sd/sdcl-15-6-61"},"notice":"GroundRules: Original legal text. Not legal advice."}