Oppose motion to vacate judgment under Rule 60(b)(3) in United States District Court

How to oppose a motion to vacate a judgment under Rule 60(b)(3) in United States District Court on the grounds of fraud, misrepresentation or other misconduct is the topic of this blog post.  The party opposing the motion should serve and file the opposition at least seven (7) calendar days before the hearing unless a Local Rule or order of the Court states otherwise pursuant to Federal Rule of Civil Procedure 6(c)(2).

Any party served with a motion to vacate under Rule 60(b)(3) (Rule 60) should first carefully review the motion and all supporting documents to determine if the moving party has met their burden and what grounds exist for an opposition. 

Common grounds for opposition to a motion to vacate under Rule 60(b)(3) are:

The motion is untimely in that it is not brought within a reasonable time as required by Rule 60 which states in pertinent part that, 

“ (c) Timing and Effect of the Motion. (1) Timing. A motion under Rule 60(b) must be made within a reasonable time—and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.”

Several decisions of the Circuit Courts of Appeal including the Ninth Circuit Court of Appeals have stated that the moving party must meet their burden of showing that the opposing party engaged in fraud, misrepresentation or other misconduct that prevented the moving party from fully and fairly presenting his or her case or defense.

The Ninth Circuit Court of Appeals has also stated that a motion under Rule 60 cannot be used to vacate a judgment which is alleged to be factually incorrect.

Other Circuit Courts of Appeal have stated the moving party must show that its claims or defenses are meritorious in order to prevail on the motion.

Several decisions of the Circuit Courts of Appeal including the Ninth Circuit Court of Appeals

have stated that the moving party must establish fraud by clear and convincing evidence and a recent decision by a Circuit Court of Appeal stated that the moving party must establish that any alleged misconduct prevented a full and fair presentation of the case.

Attorneys or parties who would like to view a portion of a 12 page sample opposition to a motion to vacate judgment under Rule 60(b)(3) in United States District Court containing brief  instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail sold by the author can use the link shown below. 

http://www.scribd.com/doc/238611171/Sample-opposition-to-Rule-60-b-3-motion-to-vacate-judgment-doc

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.