Kentucky CR 60.02 Motion: Extraordinary Relief From Judgment

Understanding Kentucky’s CR 60.02 Motion for Extraordinary Relief

When standard post-conviction remedies have been exhausted or are unavailable, Kentucky law provides one more avenue of hope: the CR 60.02 motion for extraordinary relief from judgment. This powerful but narrowly applied rule can be a lifeline for individuals who have been wrongly convicted or unjustly sentenced in the Commonwealth. At Clark + Harris, our post-conviction attorneys serving Lexington, Louisville, and all of Kentucky understand the unique role CR 60.02 plays in the post-conviction landscape.

What Is a CR 60.02 Motion?

CR 60.02 is a provision of the Kentucky Rules of Civil Procedure that allows a court to relieve a party from a final judgment, order, or proceeding under certain specified circumstances. While it is technically a civil rule, Kentucky courts have long recognized its applicability to criminal cases, particularly in situations where the more traditional post-conviction remedy under RCr 11.42 is not available or does not adequately address the issue.

The rule provides for relief on several grounds. CR 60.02(a) covers mistake, inadvertence, surprise, or excusable neglect. CR 60.02(b) addresses newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under CR 59.02. CR 60.02(c) covers perjury or falsified evidence. CR 60.02(d) addresses fraud affecting the proceedings or fraud upon the court. CR 60.02(e) applies when the judgment is void. CR 60.02(f) is a catch-all provision covering any other reason of an extraordinary nature justifying relief.

CR 60.02 in Criminal Cases: The Relationship with RCr 11.42

Kentucky courts have made clear that CR 60.02 is not a substitute for RCr 11.42. Claims that could have been raised under RCr 11.42 — most notably, ineffective assistance of counsel — generally cannot be raised under CR 60.02. The Kentucky Supreme Court has repeatedly emphasized that CR 60.02 is reserved for extraordinary situations that are not covered by the post-conviction remedies available under the criminal rules.

This distinction is critical for families to understand. If your loved one’s claims fall within the scope of RCr 11.42, that is the proper vehicle for seeking relief. CR 60.02 becomes relevant when the circumstances go beyond what RCr 11.42 can address — for example, when newly discovered evidence emerges that could not have been raised within the RCr 11.42 timeframe, or when fraud on the court is discovered after the RCr 11.42 process has concluded.

The “Extraordinary” Requirement Under CR 60.02(f)

The catch-all provision of CR 60.02(f) is the most frequently invoked subsection in criminal post-conviction cases, but it is also the most demanding. Kentucky courts require that the circumstances be truly extraordinary — not merely unusual or unfortunate, but exceptional in nature. The movant must demonstrate that the situation is so compelling that basic fairness and justice demand relief.

Courts across Lexington, Louisville, and the rest of Kentucky apply this standard rigorously. Vague allegations of unfairness or general complaints about the criminal justice process are insufficient. The motion must identify specific, extraordinary circumstances that justify reopening a final judgment.

Time Requirements for CR 60.02 Motions

CR 60.02 motions filed under subsections (a), (b), and (c) must be filed within one year of the entry of the judgment or order. Motions under subsections (d), (e), and (f) do not have a specific time limit but must be filed within a reasonable time. What constitutes a reasonable time depends on the circumstances of the case, including when the grounds for relief were discovered or should have been discovered.

The Standard of Review

The trial court’s ruling on a CR 60.02 motion is reviewed on appeal for abuse of discretion. This means the appellate court will overturn the decision only if the trial court’s ruling was arbitrary, unreasonable, unfair, or unsupported by sound legal principles. This standard gives trial courts significant latitude in deciding CR 60.02 motions, making it all the more important to present the strongest possible case at the trial court level.

When CR 60.02 May Be Your Best Option

CR 60.02 may be the appropriate remedy when new evidence has emerged that could not have been discovered within the RCr 11.42 timeframe, when fraud or misconduct by the prosecution or other parties has been uncovered, when perjured testimony was used to secure the conviction, or when the judgment is void due to a fundamental jurisdictional defect. Each of these situations involves extraordinary circumstances that go beyond the typical grounds for post-conviction relief.

Clark + Harris: Experienced CR 60.02 Advocacy

Filing a CR 60.02 motion requires skill, precision, and a deep understanding of Kentucky post-conviction law. At Clark + Harris, our team serving Lexington, Louisville, and all of Kentucky has the experience to evaluate whether CR 60.02 is the right tool for your loved one’s case and to present the most compelling arguments for relief.

If your loved one is behind bars in Kentucky, time is critical. Call Clark + Harris today at 859-474-0001 for a free consultation. When extraordinary circumstances demand extraordinary relief, we are here to fight for your family.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

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