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Sample opposition to a Rule 60(d)(3) motion to vacate a judgment in United States District Court.

Sample opposition to a Rule 60(d)(3) motion to vacate a judgment in United States District Court

$25.99 Sale

Sample opposition to a Rule 60(d)(3) motion to vacate a judgment in United States District Court.

This sample opposition to a Rule 60(d)(3) motion to vacate a judgment in United States District Court is filed on the grounds that the moving party has failed to meet their burden in that they have:

  • (1)  Failed to show fraud on the court by clear and convincing evidence;
  • (2) The alleged fraud was already known or could have been easily discovered at the time of settlement or entry of judgment;
  • (3) Failed to meet their burden of showing the five elements necessary for fraud on the court which are: 
  • (a)   onduct by an officer of the court;
  • (b) That is directed towards the judicial machinery itself;
  • (c)  That is intentionally false, wilfully blind to the truth or is in reckless disregard for the truth;
  • (d) That is a positive averment or concealment when one is under a duty to disclose,  and 
  • (e)  That deceives the court.

The sample has been revised and updated in 2019, is 14 pages and includes,

  • Brief instructions, 
  • Memorandum of points and authorities with citations to case law,
  • 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.

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