Sample Opposition to Rule 60(b)(1) Motion to Vacate Judgment
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Sample Opposition to Rule 60(b)(1) Motion to Vacate Judgment.
This sample opposition to motion to vacate a judgment under Rule 60(b)(1) of the Federal Rules of Civil Procedure in United States District Court is filed on the grounds that,
- The motion is untimely as the moving party delayed in filing the motion,
- Culpable conduct by the moving party resulted in the judgment,
- No meritorious defense is shown,
- The opposing party would suffer prejudice if the judgment were set aside, and
- Other grounds.
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.