Sample Motion to Vacate Judgment Under Rule 60(b)(2) in United States District Court
This sample motion to vacate a judgment on the grounds of newly discovered evidence is filed pursuant to Federal Rule of Civil Procedure 60(b)(2) and is used when a party has newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b). The sample has been revised and updated in December 2016, is 10 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 a freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.