Civil Procedure II

Setting Aside a Judgment

The court can only set aside a judgment for good cause as stated in Rule 60.

Federal Rule of Civil Procedure 60(b)

Grounds for Relief from a Final Judgment, Order, or Proceeding.

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On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

  1. mistake, inadvertence, surprise, or excusable neglect;
  2. newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
  3. fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;
  4. the judgment is void;
  5. 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; or
  6. any other reason that justifies relief.

A Rule 60(b) motion must be filed in a reasonable time. This is capped at one year for for Rule 60(b)(1–3), but not (4–6).