Del. Ch. Ct. R. 60 (2026)

Rule 60. Corrections to Record; Relief from a Judgment (a) Corrections Based on Clerical Mistakes; Oversights; and Omissions. The Court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The Court may do so on motion or on its own, with or without notice. But after an appeal has been docketed with the Supreme Court and while it is pending, a mistake may be corrected only with the Supreme Court’s leave.

(b) Grounds for Relief from a Judgment. On motion and just terms, the Court may relieve a party or its legal representative from a judgment for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(a); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief. (c) Timing and Effect of the Motion; Reassignment. (1) Timing. A motion under Rule 60(b) must be made within a reasonable time. (2) Effect on Finality. The motion does not affect the judgment’s finality or suspend its operation. (3) Reassignment. If the judicial officer who was assigned to the case is no longer a member of the Court, the movant must submit a letter to the Chancellor identifying the motion and seeking reassignment for the purpose of hearing the motion. (d) Other Powers to Grant Relief. This rule does not limit the Court’s power to: (1) entertain an independent action to relieve a party from a judgment; (2) grant any relief provided by statute; (3) set aside a judgment for fraud on the Court; or (4) modify any interlocutory order for good cause shown. History. Amended May 18, 2026, effective June 1, 2026.