Sample motion to vacate judgment for fraud on the court under rule 60(d)(3)

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This sample motion to vacate a judgment for fraud on the Court is made pursuant to Rule 60(d)(3) of the Federal Rules of Civil Procedure on the grounds that a judgment was obtained through fraud on the Court, The sample can be used in any Distsrict Court within the jurisdiction of the Ninth Circuit Court of Appeals. The sample on which this preview is based is 9 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 an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995.

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Sample motion to vacate judgment for fraud on the court under rule 60(d)(3)

  1. 1. 2 Any Attorney or Party Any Street Any Town, CA 55555 3 714-555-5555 4 Any Attorney or Party 1 5 6 7 8 UNITED STATES DISTRICT COURT 9 ________ DISTRICT OF _____________ 10 11 Any Plaintiff, Plaintiff, 12 13 14 15 16 vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT FOR FRAUD ON THE COURT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF_______; EXHIBITS DATE: TIME: PLACE 17 18 19 20 21 22 To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your first name and e-mail address in the sign-up box. Be sure to remove this notice 23 24 25 26 27 28 and all other notices before using this document. PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the above-entitled Court located at ___________________________, Defendant ___ will move this Court under Federal Rule of Civil Procedure 60(d)(3) for an order vacating the judgment entered - 1 NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT FOR FRAUD ON THE COURT
  2. 2. 1 against them on _____ on the grounds that said judgment was procured through fraud on the Court in 2 that BRIEFLY LIST THE FACTS REGARDING THE FRAUD ON THE COURT as more fully 3 4 5 6 set forth in the declaration of ________ and Exhibits attached thereto. This motion is made pursuant to Federal Rule of Civil Procedure 60(d)(3) (“Rule 60”) and shall be based upon this Notice, the attached Memorandum of Points and Authorities, the declaration 7 of _________ and Exhibits attached thereto, the complete files and records of this action, and such 8 other and further oral and documentary evidence as may be presented at the hearing on this Motion. 9 10 11 Dated_________________________ _______________________________________ ANY ATTORNEY OR PARTY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2 NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT FOR FRAUD ON THE COURT
  3. 3. 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. 3 STATEMENT OF FACTS 4 Plaintiffs filed suit against Defendant on or about ___________ alleging: Add some brief 5 6 facts regarding the lawsuit such as breach of contract, etc. See Plaintiffs complaint on file. Judgment was entered against Defendant on ________________________. Defendant 7 8 9 10 11 12 contends that said judgment was procured through fraud on the court in that LIST IN DETAIL THE FACTS REGARDING THE FRAUD ON THE COURT AND CITE TO THE EVIDENCE THAT YOU HAVE SUPPORING YOUR CLAIM SUCH AS ATTORNEY FOR OTHER PARTY CONCEALED EVIDENCE AT TRIAL, OR DURING DISCOVERY, ETC. See the Declaration of _______________________ and Exhibits attached thereto filed and 13 14 served concurrently and incorporated herein by reference. 15 Do not just use the wording from this sample for this paragraph. 16 17 II. 18 LEGAL ARGUMENT 19 20 A. THE COURT HAS THE POWER TO VACATE THE JUDGMENT THAT WAS ENTERED AGAINST THE DEFENDANT FOR FRAUD ON THE COURT 21 22 23 24 25 26 Federal Rule of Civil Procedure 60(d)(3) states in pertinent part that nothing in Rule 60 limits a court’s power to set aside a judgment for fraud on the court. Defendant contends that LIST NAME OF ATTORNEY FOR OTHER PARTY committed fraud on the court by the following actions and deliberate omissions that harmed the integrity of the judicial process. 27 28 - 3 NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT FOR FRAUD ON THE COURT
  4. 4. 1 LIST HERE IN DETAIL WHAT ACTIONS AND OMISSIONS THAT YOU 2 CONTEND THE ATTORNEY FOR THE OTHER PARTY CONSTITUTED FRAUD ON 3 4 5 6 THE COURT. BE SPECIFIC AND INCLUDE ALL OF THE EVIDENCE THAT YOU HAVE. REMEMBER THAT YOU MUST PROVIDE CLEAR AND CONVINCING EVDIENCE OF FRAUD ON THE COURT. To view the sample document on which this preview is based 7 8 9 10 visit: http://www.scribd.com/doc/195443498/Sample-Motion-to-Vacate- 11 12 13 Judgment-for-Fraud-on-the-Court-Under-Rule-60-d-3-in-UnitedStates-District-Court 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT FOR FRAUD ON THE COURT

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