Sample Motion to Vacate Judgment Under Rule 60(b)(1)

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This sample motion to vacate a default judgment under Federal Rule of Civil Procedure 60(b)(1)  is used in United States District Court on the grounds of mistake, inadvertance, surprise or excusable neglect.  The sample can be used in ANY State that is in the Ninth Circuit Court of Appeals and can also be modified for use in any other State. The sample is 11 pages, has been revised and updated in December 2016 and includes a memorandum of points and authorities with citations to case law and statutory authority, brief instructions, a sample declaration, and proof of service by mail.

The author is a 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.