Sample motion to vacate judgment under Rule 60(b)(4) in United States District Court.

Sample Motion to Vacate Judgment Under Rule 60(b)(4) in United States District Court

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This sample motion to vacate a void judgment in United States District Court under Rule 60(b)(4) of the Federal Rules of Civil Procedure is used when a defendant contends that the judgment is void due to lack of personal jurisdiction on the grounds that they were not validly served with the summons and complaint.  

The sample has been revised and updated in 2019, is 11 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.