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R5015 - Relief from judgment or order.

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Rule5015.Relief from judgment or order.(a) On motion.The courtwhich rendered a judgment or order may relieve a party from it upon suchterms as may be just, on motionofanyinterestedpersonwithsuchnotice as the court may direct, upon the ground of:1.excusabledefault,ifsuch motion is made within one year afterservice of a copy of the judgment or order with writtennoticeofitsentryuponthemovingparty, or, if the moving party has entered thejudgment or order, within one year after such entry; or2. newly-discovered evidence which, if introduced at the trial,wouldprobablyhave produced a different result and which could not have beendiscovered in time to move for a new trial under section 4404; or3. fraud, misrepresentation, or other misconduct of an adverseparty;or4. lack of jurisdiction to render the judgment or order; or5. reversal, modification or vacatur of a prior judgment or order uponwhich it is based.(b)Onstipulation.Theclerkofthecourt may vacate a defaultjudgment entered pursuant to section 3215 upon the filing with him ofastipulationofconsent to such vacatur by the parties personally or bytheir attorneys.(c) On applicationofanadministrativejudge.Anadministrativejudge,uponashowingthat default judgments were obtained by fraud,misrepresentation, illegality, unconscionability, lack ofdueservice,violations of law, or other illegalities or where such default judgmentswereobtainedincasesinwhich those defendants would be uniformlyentitled to interpose a defense predicated upon but not limitedtotheforegoingdefenses, and where such default judgments have been obtainedin a number deemed sufficient by him to justify such action as set forthherein, and uponappropriatenoticetocounselfortherespectiveparties, or to the parties themselves, may bring a proceeding to relieveapartyorpartiesfromthemuponsuchterms as may be just. Thedisposition of any proceeding so instituted shallbedeterminedbyajudge other than the administrative judge.(d)Restitution. Where a judgment or order is set aside or vacated,the court may direct and enforce restitution in like manner andsubjecttothesameconditions as where a judgment is reversed or modified onappeal.
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  • Rule 5015. Relief from judgment or order. (a) On motion. The court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person with such notice as the court may direct, upon the ground of: 1. excusable default, if such motion is made within one year after service of a copy of the judgment or order with written notice of its entry upon the moving party, or, if the moving party has entered the judgment or order, within one year after such entry; or 2. newly-discovered evidence which, if introduced at the trial, would probably have produced a different result and which could not have been discovered in time to move for a new trial under section 4404; or 3. fraud, misrepresentation, or other misconduct of an adverse party; or 4. lack of jurisdiction to render the judgment or order; or 5. reversal, modification or vacatur of a prior judgment or order upon which it is based. (b) On stipulation. The clerk of the court may vacate a default judgment entered pursuant to section 3215 upon the filing with him of a stipulation of consent to such vacatur by the parties personally or by their attorneys. (c) On application of an administrative judge. An administrative judge, upon a showing that default judgments were obtained by fraud, misrepresentation, illegality, unconscionability, lack of due service, violations of law, or other illegalities or where such default judgments were obtained in cases in which those defendants would be uniformly entitled to interpose a defense predicated upon but not limited to the foregoing defenses, and where such default judgments have been obtained in a number deemed sufficient by him to justify such action as set forth herein, and upon appropriate notice to counsel for the respective parties, or to the parties themselves, may bring a proceeding to relieve a party or parties from them upon such terms as may be just. The disposition of any proceeding so instituted shall be determined by a judge other than the administrative judge. (d) Restitution. Where a judgment or order is set aside or vacated, the court may direct and enforce restitution in like manner and subject to the same conditions as where a judgment is reversed or modified on appeal.

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