Sample motion to vacate judgment under Rule 60(b)(2) in United States District Court.

Sample Motion to Vacate Judgment Under Rule 60(b)(2) in United States District Court

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Sample Motion to Vacate Judgment Under Rule 60(b)(2) in United States District Court.

This sample motion to vacate a judgment on the grounds of newly discovered evidence is filed pursuant to Federal Rule of Civil Procedure 60(b)(2) and is used when a party has newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).

The sample has been revised and updated in 2019, is 10 pages and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority,
  • Sample declaration, and
  • Proof of service by mail. 

The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty is provided.