Rule 360 - Relief from Judgment or Order(a) Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the records and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the case is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court. (b) Mistake; Inadvertence; Surprise; Excusable Neglect; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (3) the judgment is void; (4) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (5) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1) and (2), not more than six months after the judgment, order, or proceeding complained of was entered or taken. A motion under this section (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court: (1) To entertain an independent action to relieve a party from a judgment, order, or proceeding; or (2) to set aside a judgment for fraud upon the court; or (3) when, for any cause, the summons in an action has not been personally served within or without the state on the defendant, to allow, on such terms as may be just, such defendant, or the defendant's legal representatives, at any time within six months after the rendition of any judgment in such action, to answer to the merits of the original action. Entire rule amended July 22, 1993, effective 1/1/1994; (b) corrected and effective 1/2/1996. ANNOTATION This rule applies to default judgments. Bachman v. County Court, 43 Colo. App. 175, 602 P.2d 899 (1979). Applied in Pollard v. Walsh, 194 Colo. 566, 575 P.2d 411 (1978).