On motion and upon such terms as are just, the court may relieve a party or his legal representative from a judgment, order or proceeding for the following reasons:
(1) Mistake, inadvertence, surprise or excusable neglect;
(2) Discovery of material evidence which, despite due diligence, could not be discovered in time to move for a new trial under Rule 48;
(3) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party;
(4) The judgment is void;
(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
(6) Any other reason justifying relief from the operation of the judgment.
While an appeal or certiorari is pending final resolution in a procedure of voluntary jurisdiction, the respondent court shall not grant any remedy under this Rule 49.2, unless permitted by the appellate court. Once the appellate court pronounces judgment, no redress may be granted under this Rule 49.2 which is inconsistent with the mandate unless previously permitted by the appellate court. In both cases, the motion for redress shall always be made before the respondent court within the above stated term, and if the respondent court determines that it is willing to grant redress a request for said permit shall then be made to the appellate court.
History —Amended on Dec. 25, 1995, No. 249, § 17, eff. May 1, 1996.