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DISCUSSION <br />C.R.C.P. Rule 60; Relief from a Judgment or Order provides: <br />(a). Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the <br />record and errors therein arising from oversight or omission may be corrected by the <br />court at any time of its own initiative or on the motion of any party and after such <br />notice, if any, as the court orders. During the pendency of an appeal such mistakes <br />may be so corrected before the case is docketed in the appellate court, and <br />thereafter while the appeal is pending may be so corrected with leave of the <br />appellate court. <br />(b) Mistakes; Inadvertence; Surprise; Excusable Neglect; Fraud; etc. On <br />motion and upon such terms as are just, the court may relieve a party or his legal <br />representative from a final judgment, order, or proceeding for the following reasons: <br />(1) Mistake, inadvertence, surprise, or excusable neglect; (2) fraud (whether <br />heretofore denominated intrinsic or extrinsic), misrepresentation, or other <br />misconduct of an adverse party; (3) the judgment is void; (4) the judgment has <br />been satisfied, released, or discharged, or a prior judgment upon which it is based <br />has been reversed or otherwise vacated, or it is no longer equitable that the <br />judgment should have prospective application; or (5) any other reason justifying <br />relief from the operation of the judgment. The motion shall be made within a <br />reasonable time, and for reasons (1) and (2) not more than six months after the <br />judgment, order, or proceeding was entered or taken. A motion under this section <br />(b) does not affect the finality of a judgment or suspend its operation. This Rule <br />does not limit the power of a court: (1) To entertain an independent action <br />to relieve a party from a judgment, order, or proceeding, or (2) to set aside <br />a judgment for fraud upon the court; or (3) when, for any cause, the summons <br />in an action has not been personally served within or without the state on the <br />defendant, to allow, on such terms as may be just, such defendant, or his legal <br />representatives, at any time within six months after the rendition of any judgment in <br />such action, to answer to the merits of the original action. Writs of coram nobis, <br />audita querela, and bills of review and bills in the nature of a bill of review, are <br />abolished, and the procedure for obtaining any relief from a judgment shall be by <br />motion as prescribed in these rules or by an independent action. <br />15. The final District Court Order in 2010PR204 was issued <br />June 23, 1013 and this C.R.C.P Rule 60 Motion is filed this <br />October 30, 2013; well within the 6 month time frame <br />mandated by C.R.C.P. Rule 60. <br />16. As highlighted above, C. R. C. P. Rule 60(b)(2) <br />specifically addresses Fraud and Fraud on the Court as <br />adequate reasons for relief. Once a valid judgment is <br />i7 <br />