Sample Motion to Vacate Judgment Under Rule 60(b)(6)
This sample motion to vacate judgment under Rule 60(b)(6) in United States District Court is used to request that the Court vacate a judgment on the grounds that extraordinary circumstances exist in the case and that the moving party would suffer manifest injustice if the judgment is not vacated. This motion is for use in cases where the facts of the case do not meet the requirements of clauses 1-5 of Rule 60(b) even though extraordinary circumstances exist. The sample has been revised and updated in December 2016, is 11 pages and includes brief instructions, a 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 freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents. Note that the author is NOT an attorney and no guarantee or warranty is provided.