Sample Motion to Vacate Judgment for Fraud on the Court Under Rule 60(d)(3) in United States District Court
This sample motion to vacate a judgment for fraud on the Court in United States District Court is made under Rule 60(d)(3) of the Federal Rules of Civil Procedure on the grounds that a judgment was obtained through fraud on the Court. The sample can be used in any District Court within the jurisdiction of the Ninth Circuit Court of Appeals and can be modified for use in any District Court. The sample has been revised and updated in December 2016, is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, a 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. Note that the author is NOT an attorney and no guarantee or warranty is provided.