surprise

Act of taking unawares; sudden confusion or perplexity. In its legal acceptation, denotes an unforeseen disappointment against which ordinary prudence would not have afforded protection. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding because of surprise. Fed.R.Civil P. 60(b).

Equitable relief.

The act by which a party who is entering into a contract is taken unawares, by which sudden confusion or perplexity is created, which renders it proper that a court of equity should relieve the party so surprised. The situation in which a party is placed without any default of his own, which will be injurious to his interests. Anything which happens without the agency or fault of the party affected by it, tending to disturb and confuse the judgment, or to mislead him, of which the opposite party takes an undue advantage, is in equity a surprise, and one species of fraud for which relief is granted. There does not seem anything technical or peculiar in the word "surprise". Where a court relieves on the ground of surprise, it does so upon the ground that the party has been taken unawares, and that he has acted without due deliberation, and under confused and sudden impressions.

Ground for new trial.

As a ground for a new trial, that situation in which a party is unexpectedly placed without fault on his part, which will work injury to his interests. He must show himself to have been diligent at every stage of the proceedings, and that the event was one which ordinary prudence could not have guarded against. A situation or result produced, having a substantive basis of fact and reason, from which the court may justly deduce, as a legal conclusion, that the party will suffer a judicial wrong if not relieved from his mistake. The general rule is that when a party or his counsel is "taken by surprise," in a material point or circumstance which could not have been anticipated, and when want of skill, care, or attention cannot be justly imputed, and injustice has been done, a new trial should be granted