Ohio Civil Rule 60(B) Motion for Relief from Judgment

A Civ.R. 60(B) motion is your main tool for reopening a case in Ohio after a judgment has been entered against you — whether from a default you didn't know about, a hearing you missed or a trial you lost under questionable circumstances. It works in small claims and regular civil cases alike, but the requirements are strict.

The Three-Prong Test

Ohio courts follow the standard from GTE Automatic Electric v. ARC Industries. To succeed on a 60(B) motion, you must prove all three elements:

1. A meritorious defense. You have to show the court that you have a real defense to the underlying claim. This doesn't mean you need to prove you'd win — just that if the court reopens the case, you have something legitimate to argue.

2. A qualifying ground under 60(B)(1) through (5).

• (1) Mistake, inadvertence, surprise or excusable neglect — the most common ground. Explain the specific circumstances that caused the missed hearing and support them with evidence.
• (2) Newly discovered evidence — evidence you couldn't have found with reasonable diligence before the judgment.
• (3) Fraud, misrepresentation or misconduct by the other party — the plaintiff lied to the court or hid material facts.
• (4) The judgment has been satisfied or discharged — you already paid but the judgment wasn't released.
• (5) Any other reason justifying relief — the catch-all, applied narrowly by Ohio courts.

3. Timely filing. The motion must be filed within a "reasonable time." For grounds (1), (2) and (3), there's a hard outer limit of one year from the judgment date. Ground (5) has no fixed limit but still requires reasonable promptness.

What Excusable Neglect Actually Means

Courts distinguish between situations where you made a genuine mistake despite acting reasonably, and situations where you simply ignored the case. "I was too busy" or "I didn't think it mattered" won't qualify. The court evaluates the specific circumstances under all three parts of the test; no example guarantees relief.

The longer you wait after discovering the judgment, the harder it is to claim excusable neglect. Filing the same week you find out is very different from filing six months later.

Filing Does Not Stop Enforcement

This catches many defendants off guard. Filing a 60(B) motion does not automatically stay execution on the judgment. The plaintiff can still garnish wages, attach bank accounts and place liens while your motion is pending.

To freeze enforcement, file a separate Motion for Stay of Execution under ORC 1925.06. The court may require you to post a bond or deposit as security.

What Happens If the Motion Is Granted

The court vacates the original judgment and schedules a new hearing. You start over as if the first judgment never happened — present evidence, argue your defense and let the magistrate or judge decide. The plaintiff still has the burden of proving their claim.

What Happens If It's Denied

The judgment stands and is enforceable. You have 30 days to appeal the denial to the Court of Appeals under App.R. 4(A). But appellate courts review 60(B) denials for abuse of discretion, a high bar that's difficult to clear.

The Ohio Small Claims Response Guide walks through each 60(B) ground with real examples and covers the motion-drafting process.

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