Motion to Vacate Judgment

Question 1

Motion to Vacate Judgment

Answer 1

• governed by Rule 60
• usually used when you’re beyond the time boundaries of Rule 50 and Rule 59 (can technically make all three motions though, if within proper timeframes)

Question 2

Rule 60(b)

Answer 2

Gives specific categories under which motion to vacate judgment is permissible:

• mistake, inadvertence, surprise or excusable neglect
• newly discovered evidence that, w/ reasonable diligence, couldn’t have been discovered in time to move for new trial
• fraud, misrepresentation, or misconduct by opposing party
• judgment void
• judgment has been satisfied, released, or discharged
• any other reason that justifies relief

Question 3

Rule 60(b)(1)

Answer 3

• language of mistake has been severely limited by case law

Question 4

Rule 60(b)(2)

Answer 4

• newly discovered evidence - tends to have additional requirements involved
• notion of “reasonable diligence” - difficult to prove the evidence couldn’t have been discovered, given that discovery mechanisms are so broad

Question 5

Rule 60b and Time

Answer 5

• motion for Rule60b must be made w/in 1 year of entry of judgment for 1, 2, and 3 (includes mistake, new evidence, and fraud)
• other provisions must be made “within a reasonable time”
• means lawyers will sometimes try to argue 60b6 (“any other reason justifies relief”) when it no longer fits under the first three b/c of the time requirement -> courts don’t usually buy this

Question 6

Brandon v. Chicago Board of Education

Answer 6

• case w/ the mix-up at the clerk’s office - court’s mailings got sent to wrong address and court dismissed the case for want of prosecution (pl and attorneys didn’t show up to hearings b/c didn’t know they were happening)
• they run out of time for 60b1, then try to claim 60b6
• court initially grants motion, but then gets persuaded by def’s motion not to do so + Rule 60 relief denied (appeals court ultimately affirms)