Civil Procedure

Question 1

What is Rule 60(b)?

Answer 1

A rule allowing a court to relieve a party from a final judgment or order under specific conditions.

Conditions include mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, misrepresentation, or misconduct by an opposing party.

Question 2

What is the time frame for filing a motion under Rule 60(b)?

Answer 2

Within a reasonable time, and no later than one year following the entry of the judgment or order.

This time frame is crucial for the validity of the motion.

Question 3

What types of fraud are recognized under Rule 60(b)?

Answer 3

• Intrinsic fraud
• Extrinsic fraud

Intrinsic fraud relates to matters tried by the trier of fact, while extrinsic fraud prevents a person from discovering or enforcing legal rights.

Question 4

Define intrinsic fraud.

Answer 4

Fraud that relates to a matter tried by the trier of fact.

This type of fraud is directly connected to the issues presented during the trial.

Question 5

Define extrinsic fraud.

Answer 5

Fraud that prevents a person from discovering or enforcing legal rights.

This type of fraud may involve deception that occurs outside the trial process.

Question 6

Fill in the blank: Under Rule 60(b), a court may relieve a party from a final judgment or order for a motion filed for _______.

Answer 6

[mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, misrepresentation, or misconduct]