Rule 60

Definition

Rule 60 refers to a provision in the Federal Rules of Civil Procedure that allows a party to seek relief from a judgment or order under certain circumstances. This rule is designed to prevent unjust outcomes by providing a mechanism for parties to challenge judgments based on reasons such as mistake, newly discovered evidence, or other compelling circumstances.

5 Must Know Facts For Your Next Test

1. Relief under Rule 60 can be sought within a reasonable time, but no later than one year after the judgment for reasons like mistake, inadvertence, or newly discovered evidence.
2. The rule distinguishes between different grounds for relief: Rule 60(b)(1) covers mistakes and excusable neglect, while Rule 60(b)(2) addresses newly discovered evidence.
3. Rule 60(a) allows for correction of clerical mistakes in judgments, orders, or other parts of the record.
4. A party seeking relief must demonstrate a valid reason for the request and may need to show how they will be prejudiced if relief is not granted.
5. Relief is at the discretion of the court, meaning judges have significant leeway in deciding whether to grant a motion under Rule 60.

Review Questions

• What are some specific grounds for seeking relief under Rule 60, and how might they impact a case?
  • Some specific grounds for seeking relief under Rule 60 include mistakes, newly discovered evidence, and fraud. For instance, if a party realizes they made an error in their submission or discovers new evidence that could have affected the outcome of the case, they may file a motion for relief. This can significantly impact a case as it might lead to the reversal or modification of a judgment, thus altering the legal landscape for the parties involved.
• Compare and contrast Rule 60(a) and Rule 60(b). How does each provide different types of relief?
  • Rule 60(a) provides relief by allowing courts to correct clerical mistakes in judgments or orders, ensuring that the record reflects what was actually decided. In contrast, Rule 60(b) offers broader grounds for relief from final judgments, including mistakes or newly discovered evidence. While Rule 60(a) focuses on correcting errors without changing substantive decisions, Rule 60(b) can lead to significant changes in case outcomes based on new developments or misunderstandings.
• Evaluate how the discretionary nature of Rule 60 affects litigants' strategies when seeking relief from a judgment.
  • The discretionary nature of Rule 60 means that judges have significant leeway in deciding whether to grant relief. This affects litigants' strategies because they must carefully present their arguments and evidence to convince the court that their situation warrants a change in the judgment. Litigants need to consider not only the legal basis for their request but also how they will persuade the judge regarding the merits of their case. Understanding this discretion can help them tailor their motions more effectively and prepare for potential challenges from opposing parties.

Related terms

Motion for Relief: A request made to the court for the withdrawal or modification of a judgment or order.

Final Judgment: A court decision that resolves the main issues of a case and leaves nothing further for the court to do except enforce the judgment.

Fraud on the Court: An act that undermines the integrity of the judicial process, such as presenting false evidence or concealing relevant information.