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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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.
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Case No.
NOTICE OF MOTION AND MOTION TO VACATE
JUDGMENT; MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF_______;
EXHIBITS
DATE:
TIME:
PLACE
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PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(2)

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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
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(2)

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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
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(2)