§ 12-1031. District court - Power to vacate or modify its judgments, when.

The district court shall have power to vacate or modify its own judgments or orders within the times prescribed hereafter:

1.  By granting a new trial for the cause, within the time and in the manner prescribed in Sections 651 through 655 of this title;

2.  As authorized in subsection C of Section 2004 of this title where the defendant had no actual notice of the pendency of the action at the time of the filing of the judgment or order;

3.  For mistake, neglect, or omission of the clerk or irregularity in obtaining a judgment or order;

4.  For fraud, practiced by the successful party, in obtaining a judgment or order;

5.  For erroneous proceedings against an infant, or a person of unsound mind, where the condition of such defendant does not appear in the record, nor the error in the proceedings;

6.  For the death of one of the parties before the judgment in the action;

7.  For unavoidable casualty or misfortune, preventing the party from prosecuting or defending;

8.  For errors in a judgment, shown by an infant in twelve (12) months after arriving at full age, as prescribed in Section 700 of this title; or

9.  For taking judgments upon warrants of attorney for more than was due to the plaintiff, when the defendant was not summoned or otherwise legally notified of the time and place of taking such judgment.

R.L. 1910, Section 5267.  Amended by Laws 1969, c. 304, § 3, emerg. eff. April 28, 1969; Laws 1999, c. 293, § 9, eff. Nov. 1, 1999.