Lesson 34: Motion for Relief from Judgment
Welcome to Lesson 34 of our instructable on exploring civil procedure fundamentals. In this lesson, we will delve into the concept of a Motion for Relief from Judgment, which is an important aspect of Post-Trial Motions.
What is a Motion for Relief from Judgment?
A Motion for Relief from Judgment is a request made to the court to set aside or modify a judgment that has already been entered. This motion is typically based on specific grounds such as mistake, newly discovered evidence, fraud, or other reasons that justify relief. The Federal Rules of Civil Procedure (FRCP) Rule 60 governs this motion. You can learn more about the FRCP in our Overview of the FRCP article.
Grounds for Relief
According to FRCP Rule 60(b), the grounds for relief can include:
- mistake, inadvertence, surprise, or excusable neglect;
- newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
- fraud, misrepresentation, or misconduct by an opposing party;
- the judgment is void;
- the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable;
- any other reason that justifies relief.
Timeline for Filing
The motion must be made within a reasonable time, and for certain grounds, no later than one year after the entry of the judgment, as shown in the following diagram:
Procedure for Filing
The procedure for filing a Motion for Relief from Judgment involves:
- Drafting the motion, clearly stating the grounds for relief and supporting evidence.
- Filing the motion with the court that issued the original judgment.
- Serving the motion on all parties involved in the case.
- Attending a hearing where the court will review and decide on the motion.
Effect of Granting the Motion
If the court grants the motion, the judgment may be set aside or modified accordingly. This can have significant implications for the outcome of the case and any subsequent legal actions.
Case Law and Examples
For a deeper understanding, consider reviewing case law where courts have granted or denied motions for relief from judgment. Notable cases include:
Understanding the nuances of these motions can significantly affect post-trial strategies and legal outcomes. For more information on related topics, you can explore our lessons on Motion for a New Trial and Notice of Appeal.