What is the time frame for making a motion related to mistake, inadvertence, or fraud?

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The appropriate time frame for making a motion related to mistake, inadvertence, or fraud is within one year of the judgment. This time limit is governed by California Code of Civil Procedure section 663, which establishes that parties have a full year to bring a motion to set aside a judgment based on these grounds.

This one-year period is particularly significant because it allows parties sufficient time to discover and address issues that may have affected the fairness of the judgment. Mistakes and inadvertent errors can often take some time to identify, and the one-year time frame provides a sensible balance between the need for finality in judgments and the opportunity to correct substantive errors.

Considering the other options: a 30-day limit would not provide enough time to assess the long-term implications of any mistakes or fraud uncovered post-judgment. A 6-month limit, while somewhat more reasonable than 30 days, still falls short of allowing adequate evaluation and preparation needed for such motions regarding serious matters like fraud. The option stating "Any time before appeal" is misleading because it implies that there is no specific time frame, which is not consistent with the established legal framework for these types of motions. Thus, the correct answer appropriately aligns with the statutory guidance, reinforcing the one-year limit

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