Sample opposition to Rule 60(b)(3) motion to vacate judgment
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Sample opposition to Rule 60(b)(3) motion to vacate judgment.
This sample opposition to a motion to vacate judgment under Rule 60(b)(3) in United States District Court is made on the grounds that the motion should be denied as it is untimely, the moving party has not met their burden of showing that the fraud, misrepresentation or misconduct alleged prevented them from fully and fairly presenting their case.
The sample has been revised and updated in 2019, is 12 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.