IRCP Rule 60(b) Available for Relief from Dismissal of Post-Conviction

Eby v. State, http://www.isc.idaho.gov/opinions/Eby,%20Daniel.pdf, decided last week by the Court of Appeals, clarifies that a Civil Rule 60(b) motion for relief from a final order may be granted when a post-conviction action has been dismissed under Civil Rule 40(c) for inactivity.

An attorney's neglect in allowing a post-conviction proceeding to be dismissed for inactivity justifies an order to reactivate the original post-conviction action pursuant to Rule 60(b). While none of us should ever neglect a case so as to result in a Rule 40(c) dismissal, should that happen, file a Rule 60(b) motion for relief ASAP. (Rule 60 allows motions to be filed "within a reasonable time, and for reasons (1), (2), (3) and (6) not more than six (6) months after the judgment . . ." )