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Sample motion to vacate judgment under rule 60(b)(2) in United States District Court
 

Sample motion to vacate judgment under rule 60(b)(2) in United States District Court

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This sample motion to vacate a judgment under Rule 60(b)(2) on the grounds of newly discovered evidence in United States District Court is used when a party has newly discovered evidence that, with ...

This sample motion to vacate a judgment under Rule 60(b)(2) on the grounds of newly discovered evidence in United States District Court 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 on which this preview based 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.

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    Sample motion to vacate judgment under rule 60(b)(2) in United States District Court Sample motion to vacate judgment under rule 60(b)(2) in United States District Court Document Transcript

    • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party UNITED STATES DISTRICT COURT ________ DISTRICT OF _____________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5m Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF_______; EXHIBITS DATE: TIME: PLACE To subscribe to my FREE weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. To view over 250 sample legal documents sold by LegalDocsPro visit: http://www.scribd.com/LegalDocsPro/documents Be sure to remove this notice and all other notices before using this document. PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the - 1 - NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(2)
    • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 above-entitled Court located at ___________________________, Defendant ___ will move this Court for an order vacating the judgment entered against them on _____ on the grounds of newly discovered evidence which is clearly material to the issues in this case and which they could not, with reasonable diligence, have discovered and produced at the trial as more fully set forth in the declaration of ________ and Exhibits attached thereto. This motion is made pursuant to Federal Rule of Civil Procedure 60(b)(2) (“Rule 60”) and shall be based upon this notice, the attached Memorandum of Points and Authorities, the declaration of _________ and Exhibits attached thereto, the complete files and records of this action, and such other and further oral and documentary evidence as may be presented at the hearing on this Motion. Dated_________________________ _______________________________________ ANY ATTORNEY OR PARTY MEMORANDUM OF POINTS AND AUTHORITIES - 2 - NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(2)
    • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. STATEMENT OF FACTS Plaintiffs filed suit against Defendant on or about ___________ alleging: Add some brief facts regarding the lawsuit such as breach of contract, etc. See Plaintiffs complaint on file. On _____________ a judgment was entered LIST DETAILS OF JUDGMENT SUCH AS AMOUNT, ETC. Moving party contends that the Court should vacate the judgment on the grounds of newly discovered evidence which is clearly material to the issues in this case and which they could not, with reasonable diligence, have discovered and produced at the trial as more fully set forth in the declaration of ________ and Exhibits attached thereto filed and served concurrently herewith and incorporated herein by reference. LIST HERE THE SPECIFIC DETAILS SUPPORTING YOUR REQUEST TO VACATE THE JUDGMENT ON THE GROUNDS OF NEWLY DISCOVERED EVIDENCE AND BE SURE TO LIST THE DATE THAT YOU FIRST BECAME AWARE OF THE EVIDENCE AND THAT YOU COULD NOT HAVE DISCOVERED BEFORE THE TRIAL WITH REASONABLE DILIGENCE. To view the sample document on which this preview is based visit: http://www.scribd.com/doc/220927720/Sample-Motion-to-Vacate- Judgment-Under-Rule-60-b-2-in-United-States-District-Court - 3 - NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(2)