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Rule 60(b)(2) motion to vacate a judgment in United States District Court

by Stan Burman

A Rule 60(b)(2) motion to vacate a judgment in United States District Court is the topic of this blog post.

The grounds for a Rule 60(b)(2) motion to vacate a judgment are the grounds of newly discovered evidence.

This motion is filed pursuant to the provisions of Federal Rule of Civil Procedure Rule 60(b)(2) (Rule 60).

Rule 60(b)(2) states in pertinent part that “(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).”

And Rule 60 also states that “(c) Timing and Effect of the Motion. (1) Timing. A motion under Rule 60(b) must be made within a reasonable time—and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.”

The evidence that is contended to be newly discovered must be evidence that with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b). Rule 59(b) states that, “A motion for a new trial must be filed no later than 28 days after the entry of judgment.”

If you become aware of any new evidence that is clearly material to your claim or defense and could not have been discovered before you need to act quickly if you want to increase the chances of having the motion granted as the law is settled in the Ninth Circuit and elsewhere that a district court has great discretion in deciding whether to grant a motion under Rule 60. It is subject to review only for abuse of discretion. 

In discussing Rule 60 the Ninth Circuit Court of Appeal has stated that this rule, like all the Federal Rules of Civil Procedure, “is to be liberally construed to effectuate the general purpose of seeing that cases are tried on the merits.” Rodgers v. Watt, 722 F.2d 456, 459 (9th Cir. 1983) (internal citations omitted.)

See also Federal Rule of Civil Procedure 1, “The Federal Rules should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.”

Attorneys or parties in civil litigation in United States District Court who wish to view a portion of a sample 10 page motion to vacate a default judgment under Rule 60(b)(2) containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail can use the link shown below.

Sample Motion to Vacate Judgment Under Rule 60(b)(2) in United States District Court by Stan Burman on Scribd

 

Attorneys or parties that would like more information on a Federal litigation document collection containing over 50 sample documents including a sample motion to vacate a judgment under Rule 60(b)(2) in United States District Court sold by the author can use the link shown below.


http://legaldocspro.net/federal-litigation-document-package/  

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

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