Title 9, Chapter 11, Section 60
(a) Collateral attack. A judgment void on its face may be attacked
in any court by any person. In all other instances, judgments shall
be subject to attack only by a direct proceeding brought for that
purpose in one of the methods prescribed in this Code section.
(b) Methods of direct attack. A judgment may be attacked by motion
for a new trial or motion to set aside. Judgments may be attacked by
motion only in the court of rendition.
(c) Motion for new trial. A motion for new trial must be predicated
upon some intrinsic defect which does not appear upon the face of
the record or pleadings.
(d) Motion to set aside. A motion to set aside may be brought to set
aside a judgment based upon:
(1) Lack of jurisdiction over the person or the subject matter;
(2) Fraud, accident, or mistake or the acts of the adverse party
unmixed with the negligence or fault of the movant; or
(3) A nonamendable defect which appears upon the face of the
record or pleadings. Under this paragraph, it is not sufficient
that the complaint or other pleading fails to state a claim upon
which relief can be granted, but the pleadings must affirmatively
show no claim in fact existed.
(e) Complaint in equity. The use of a complaint in equity to set
aside a judgment is prohibited.
(f) Procedure; time of relief. Reasonable notice shall be afforded
the parties on all motions. Motions to set aside judgments may be
served by any means by which an original complaint may be legally
served if it cannot be legally served as any other motion. A
judgment void because of lack of jurisdiction of the person or
subject matter may be attacked at any time. Motions for new trial
must be brought within the time prescribed by law. In all other
instances, all motions to set aside judgments shall be brought
within three years from entry of the judgment complained of.
(g) Clerical mistakes. Clerical mistakes in judgments, orders, or
other parts of the record and errors therein arising from oversight
or omission may be corrected by the court at any time of its own
initiative or on the motion of any party and after such notice, if
any, as the court orders.
(h) Law of the case rule. The law of the case rule is abolished; but
generally judgments and orders shall not be set aside or modified
without just cause and, in setting aside or otherwise modifying
judgments and orders, the court shall consider whether rights have
vested thereunder and whether or not innocent parties would be
injured thereby; provided, however, that any ruling by the Supreme
Court or the Court of Appeals in a case shall be binding in all
subsequent proceedings in that case in the lower court and in the
Supreme Court or the Court of Appeals as the case may be.