Ramirez v. Rackley

Layton, Judge.

Rule 55 (c) provides that “The court may set aside a judgment by default in accordance with Rule 60(b).” Rule 60 (b) states:

"On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order,, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered-evidence which by due" diligence could not have been discovered, in time to move for a new trial under rule 59 (b) ; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or…