445 R.I. Code R. § 445-RICR-00-00-1.32 - Relief from Order

Current through December, 23, 2021

A. Clerical Mistakes - Clerical mistakes in orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the Board at any time on its own initiative, or on motion of any party and after such notice as the Board orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the Supreme Court and thereafter while the appeal is pending may be so corrected with leave of the Supreme Court.
B. Mistake, Inadvertence, Excusable Neglect, Newly Discovered Evidence, Fraud, Other - On motion and upon such terms as are just, the Board may relieve a party from a final 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 to reopen the proceedings under § 1.31 of this Part.
3. Fraud, misrepresentation, or other misconduct of an adverse party,
4. The order is void.
5. A prior order on which the order is based has been reversed or otherwise vacated, or it is no longer equitable that the order should have prospective application, or
6. Any other reason justifying release from the operation of the order
C. A motion shall be made within a reasonable time not more than one (1) year after the order is entered. A motion under § 1.32(B) of this Part does not affect the finality of an order or suspend its operation. This rule does not limit the power of the Board to entertain an independent action to relieve a party form an order or to set aside an order for fraud upon the Board.


445 R.I. Code R. § 445-RICR-00-00-1.32
Amended effective November 28, 2018

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