Sample opposition to Rule 60(b)(2) motion to vacate judgment in United States District Court.

Sample Opposition to Rule 60(b)(2) Motion to Vacate Judgment in United States District Court

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Sample Opposition to Rule 60(b)(2) Motion to Vacate Judgment in United States District Court.

This sample opposition to motion to vacate a judgment under Rule 60(b)(2) of the Federal Rules of Civil Procedure in United States District Court is filed on the grounds that,

  • The motion should be denied as the newly discovered evidence is not newly discovered or could have been discovered before the trial date,
  • The evidence was from public records,
  • The evidence is merely cumulative, impeaching or not material, and
  • The evidence would not likely produce a different result if the judgment were set aside.

The sample has been revised and updated in 2019, is 11 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.