Bill of Review: Equity’s Remedy Against a Final Judgment A Bill of Review is an old equitable remedy used to challenge a final judgment or decree after the ordinary opportunity to correct it has passed. The important lesson is not just the name. Many states no longer call the remedy a “Bill of Review,” but the underlying principle survives through procedures such as: - Motion for Relief from Judgment - Motion to Vacate - Motion to Set Aside - Petition to Open Judgment - Petition to Strike Judgment - Independent Action in Equity - Bill of Review Why Does This Remedy Exist? Courts favor final judgments, but equity recognizes that finality should not protect a judgment obtained or entered under circumstances such as: - No proper service or notice - Lack of personal or subject-matter jurisdiction - Fraud affecting the proceeding - Accident or mistake - Excusable neglect - Newly discovered evidence in circumstances authorized by law - A fatal defect in the judgment or record - Other extraordinary circumstances recognized by the jurisdiction This is where the maxim becomes important: Equity will not suffer a wrong without a remedy. But this does not mean every unfavorable judgment can simply be reopened. The person seeking relief normally must identify a recognized legal or equitable ground. What Is It Called Around the United States? The terminology varies significantly. The chart below gives the general civil post-judgment remedy most comparable to the traditional bill-of-review concept. Particular case types may have additional procedures. State Common Modern Remedy Alabama Rule 60 Motion for Relief from Judgment Alaska Civil Rule 60 Motion to Set Aside Judgment Arizona Rule 60 Motion for Relief/Vacate Judgment Arkansas Rule 60 Motion to Vacate or Modify Judgment California Motion to Set Aside or Vacate Judgment, including CCP §§ 473 and 473.5 Colorado Rule 60 Motion for Relief from Judgment Connecticut Motion to Open or Set Aside Judgment