Md. R. Civ. P. Dist. Ct. 3-535

As amended through November 13, 2024

Rule 3-535 - Revisory Power

(a) Generally. On motion of any party filed within 30 days after entry of judgment, the court may exercise revisory power and control over the judgment and may take any action that it could have taken under Rule 3-534.

Cross reference: For default judgments relating to citations issued for certain record-keeping violations, see Code, Transportation Article, § 15-115.

(b) Fraud, Mistake, Irregularity. On motion of any party filed at any time, the court may exercise revisory power and control over the judgment in case of fraud, mistake, or irregularity.

Committee note: This section is intended to be as comprehensive as Code, Courts Article, § 6-408.

(c) Newly-Discovered Evidence. On motion of any party filed within 30 days after entry of judgment, the court may grant a new trial on the ground of newly-discovered evidence that could not have been discovered by due diligence in time to move for a new trial pursuant to Rule 3-533.

Committee note: When reviewing a motion to vacate a judgment based on a party's failure to appear at a proceeding, the court must consider relevant emergency circumstances that contributed to the failure to appear, if presented with information by the moving party. In the event of a public health or other declared emergency, factors to consider include lack of transportation due to the emergency, lack of access to a platform to participate in a remote proceeding, stay-at-home or quarantine orders issued by a governmental authority, or a medically verifiable immunocompromised status of the party or a member of the party's household.

(d) Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record may be corrected by the court at any time on its own initiative, or on motion of any party after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed by the appellate court, and thereafter with leave of the appellate court.

Md. R. Civ. P. Dist. Ct. 3-535

This Rule is derived as follows:

Section (a) is derived from former M.D.R. 625 a.

Section (b) is derived from former M.D.R. 625 a.

Section (c) is derived from former M.D.R. 625 b.

Section (d) is derived from the 1948 version of Fed. R. Civ. P. 60(a) and former Rule 681.

Adopted April 6, 1984, eff. 7/1/1984. Amended Oct. 31, 2002, eff. 1/1/2003; 11/12/2003, eff. 1/1/2004; amended Feb. 9, 2022, eff. 4/1/2022.

HISTORICAL NOTES

2002 Orders

The October 31, 2002, order added the cross reference to following section (a).

2003 Orders

The November 12, 2003, order amended the source note.