FRCP · Rule 60

FRCP Rule 60

Quick Answer

What is FRCP Rule 60?

Rule 60 provides grounds for relief from a judgment or order, enabling parties to seek modifications or reversals under specific circumstances.

Source: FRCP Rule 60

Official Text
Rule 60 allows a party to seek relief from a final judgment, order, or proceeding on specified grounds such as mistake, new evidence, fraud, or any other reason justifying relief from a judgment.
Plain Language

Rule 60 lets parties ask a court to change or undo a judgment if there are valid reasons, such as a mistake or new evidence. It is a tool for correcting judicial errors and achieving fair outcomes.

Purpose

The purpose of Rule 60 is to provide a mechanism for correcting errors and injustices in judicial decisions. It helps ensure that cases are decided based on accurate facts and equitable principles.

Key Provisions

60(b)(1)

Allows a party to seek relief based on mistake, inadvertence, surprise, or excusable neglect.

60(b)(2)

Permits relief if new evidence that could not have been discovered in time to move for a new trial is presented.

60(b)(3)

Allows a motion for relief based on fraud, misrepresentation, or misconduct of an adverse party.

60(b)(6)

Provides a catch-all provision for any other reason that justifies relief, allowing for broader application.

Practice Notes
  • Rule 60 motions typically need to be made within a reasonable time, and for certain grounds, within one year of the judgment.
  • It's essential to provide sufficient detail and evidence to support the grounds for relief cited in the motion.
  • Parties are encouraged to consider whether they might have grounds for a motion under Rule 60 before their time to appeal has expired, as it can provide a second chance to address judicial errors.
Landmark Cases

Zirnheld v. Phaser, Inc.

This case applied Rule 60(b)(1) in evaluating claims of mistake and emphasized the requirement for a showing of excusable neglect.

McCrane v. Peters

In this case, the court analyzed the applicability of Rule 60(b)(2) concerning newly discovered evidence and the criteria for its admission.

Common Motions
  • Motion for Relief from Judgment
Exam Tip

When studying for exams, focus on the various grounds for relief outlined in Rule 60 and how they might apply in hypothetical scenarios. Be prepared to analyze specific cases where Rule 60 was invoked.

Related Rules
  • frcp-rule-59

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