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What is Relief from Judgments: Rule 38 Explained about?
Rule 38 of the 1997 Rules of Civil Procedure provides a legal remedy for parties seeking to set aside judgments or orders due to fraud, accident, mistake, or excusable neglect. This petition is an equitable remedy, limited to exceptional cases, and must be filed within strict time limits of 60 days from knowledge of the judgment and no more than 6 months from its entry. The petition must be verified and accompanied by affidavits, and it cannot be used as a substitute for a lost appeal.
- Author
- nagisaramvl
- Language
- EN