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The reconstruction of Rule 60(b) has for one of its purposes a clarification of this
situation. Two types of procedure to obtain relief from judgments are specified in the
rules as it is proposed to amend them. One procedure is by motion in the court and in the
action in which the judgment was rendered. The other procedure is by a new or
independent action to obtain relief from a judgment, which action may or may not be
begun in the court which rendered the judgment. Various rules, such as the one dealing
with a motion for new trial and for amendment of judgments, Rule 59, one for amended
findings, Rule 52, and one for judgment notwithstanding the verdict, Rule 50(b), and
including the provisions of Rule 60(b) as amended, prescribe the various types of cases in
which the practice by motion is permitted. In each case there is a limit upon the time
within which resort to a motion is permitted, and this time limit may not be enlarged
under Rule 6(b). If the right to make a motion is lost by the expiration of the time limits
fixed in these rules, the only other procedural remedy is by a new or independent action
to set aside a judgment upon those principles which have heretofore been applied in such
an action. Where the independent action is resorted to, the limitations of time are those of
laches or statutes of limitations. The Committee has endeavored to ascertain all the
remedies and types of relief heretofore available by coram nobis, coram vobis, audita
querela, bill of review, or bill in the nature of a bill of review. See Moore and Rogers,
Federal Relief from Civil Judgments, 1946, 55 Yale L.J. 623, 659 to 682. It endeavored
then to amend the rules to permit, either by motion or by independent action, the granting
of various kinds of relief from judgments which were permitted in the federal courts prior
to the adoption of these rules, and the amendment concludes with a provision abolishing
the use of bills of review and the other common law writs referred to, and requiring the
practice to be by motion or by independent action.
To illustrate the operation of the amendment, it will be noted that under Rule 59(b) as it
now stands, without amendment, a motion for new trial on the ground of newly
discovered evidence is permitted within ten days after the entry of the judgment, or after
that time upon leave of the court. It is proposed to amend Rule 59(b) by providing that
under that rule a motion for new trial shall be served not later than ten days after the entry
of the judgment, whatever the ground be for the motion, whether error by the court or
newly discovered evidence. On the other hand, one of the purposes of the bill of review
in equity was to afford relief on the ground of newly discovered evidence long after the
entry of the judgment. Therefore, to permit relief by a motion similar to that heretofore
obtained on bill of review, Rule 60(b) as amended permits an application for relief to be
made by motion, on the ground of newly discovered evidence, within one year after
judgment. Such a motion under Rule 60(b) does not affect the finality of the judgment,
but a motion under Rule 59, made within 10 days, does affect finality and the running of
the time for appeal.
If these various amendments, including principally those to Rule 60(b), accomplish the
purpose for which they are intended, the federal rules will deal with the practice in every
sort of case in which relief from final judgments is asked, and prescribe the practice. With
reference to the question whether, as the rules now exist, relief by coram nobis, bills of
review, and so forth, is permissible, the generally accepted view is that the remedies are
still available, although the precise relief obtained in a particular case by use of these
ancillary remedies is shrouded in ancient lore and mystery. See Wallace v. United States,
C.C.A.2d, 1944, 142 F.2d 240, certiorari denied 65 S.Ct. 37, 323 U.S. 712, 89 L.Ed. 573;
Fraser v. Doing, App.D.C.1942, 130 F.2d 617; Jones v. Watts, C.C.A.5th, 1944, 142 F.2d
575; Preveden v. Hahn, S.D.N.Y.1941, 36 F.Supp. 952; Cavallo v. Agwilines, Inc.,
S.D.N.Y.1942, 6 Fed.Rules Serv. 60b.31, Case 2, 2 F.R.D. 526; McGinn v. United States,
D.C.Mass.1942, 6 Fed.Rules Serv. 60b.51, Case 3, 2 F.R.D. 562; City of Shattuck,
Oklahoma ex rel. Versluis v. Oliver, W.D.Okl.1945, 8 Fed.Rules Serv. 60b.31, Case 3;
Moore and Rogers, Federal Relief from Civil Judgments, 1946, 55 Yale L.J. 623, 631 to
653; 3 Moore's Federal Practice, 1938, 3254 et seq.; Commentary, Effect of Rule 60b on
Other Methods of Relief From Judgment, op. cit. supra. Cf. Norris v. Camp, C.C.A.10th,
1944, 144 F.2d 1; Reed v. South Atlantic Steamship Co. of Delaware,D.Del.1942, 2
F.R.D. 475, 6 Fed.Rules Serv. 60b.31, Case 1; Laughlin v. Berens, D.D.C.1945, 8
Fed.Rules Serv. 60b.51, Case 1, 73 W.L.R. 209.
The transposition of the words "the court" and the addition of the word "and" at the
beginning of the first sentence are merely verbal changes. The addition of the qualifying
word "final" emphasizes the character of the judgments, orders or proceedings from
which Rule 60(b) affords relief; and hence interlocutory judgments are not brought within
the restrictions of the rule, but rather they are left subject to the complete power of the
court rendering them to afford such relief from them as justice requires.
The qualifying pronoun "his" has been eliminated on the basis that it is too restrictive,
and that the subdivision should include the mistake or neglect of others which may be
just as material and call just as much for supervisory jurisdiction as where the judgment
is taken against the party through his mistake, inadvertence, etc.
Fraud, whether intrinsic or extrinsic, misrepresentation, or other misconduct of an
adverse party are express grounds for relief by motion under amended subdivision (b).
There is no sound reason for their exclusion. The incorporation of fraud and the like
within the scope of the rule also removes confusion as to the proper procedure. It has
been held that relief from a judgment obtained by extrinsic fraud could be secured by
motion within a "reasonable time," which might be after the time stated in the rule had
run. Fiske v. Buder, C.C.A.8th, 1942, 125 F.2d 841; see also inferentially Bucy v. Nevada
Construction Co., C.C.A.9th, 1942, 125 F.2d 213. On the other hand, it has been
suggested that in view of the fact that fraud was omitted from original Rule 60(b) as a
ground for relief, an independent action was the only proper remedy. Commentary, Effect
of Rule 60b on Other Methods of Relief From Judgment, 1941, 4 Fed.Rules Serv. 942,
945. The amendment settles this problem by making fraud an express ground for relief by
motion; and under the saving clause, fraud may be urged as a basis for relief by
independent action insofar as established doctrine permits. See Moore and Rogers,
Federal Relief from Civil Judgments, 1946, 55 Yale L.J. 623, 653 to 659; 3 Moore's
Federal Practice, 1938, 3267 et seq. And the rule expressly does not limit the power of
the court, when fraud has been perpetrated upon it, to give relief under the saving clause.
As an illustration of this situation, see Hazel-Atlas Glass Co. v. Hartford Empire Co.,
1944, 64 S.Ct. 997, 322 U.S. 238, 88 L.Ed. 1250.
The time limit for relief by motion in the court and in the action in which the judgment
was rendered has been enlarged from six months to one year.
It should be noted that Rule 60(b) does not assume to define the substantive law as to the
grounds for vacating judgments, but merely prescribes the practice in proceedings to
obtain relief. It should also be noted that under 200(4) of the Soldiers' and Sailors' Civil
Relief Act of 1940, 501 et seq. [ 520(4) ] of the Appendix to Title 50, a judgment
rendered in any action or proceeding governed by the section may be vacated under
certain specified circumstances upon proper application to the court.
1948 Amendment
The amendment effective October, 1949 substituted the reference to "Title 28, U.S.C.
1655," in the next to the last sentence of subdivision (b), for the reference to "Section 57
of the Judicial Code, U.S.C., Title 28, 118".
1987 Amendment
The amendment is technical. No substantive change is intended.
CROSS REFERENCES
Enlargement of time under this rule prohibited, see Fed.Rules Civ.Proc. Rule 6, 28
USCA.
Formal terms of district court abolished, see 28 USCA 138.
Stay of proceedings pending disposition of motion under this rule, see Fed.Rules
Civ.Proc. Rule 62, 28 USCA.
Time for appeal, see 28 USCA 2107.
Time for motion for new trial, see Fed.Rules Civ.Proc. Rule 59, 28 USCA.
LAW REVIEW COMMENTARIES
Appealability of conditional consent judgments. 1994 U.Ill.L.Rev. 241.
Bankruptcy: Sale of property under Section 363: Validity of sales conducted without
proper notice. Comment, 46 Okla.L.Rev. 489 (1993).
Choice of procedures for foreign judgments? Robert A. Barker, 212 N.Y.L.J. 3 (Dec. 19,
1994).
Civil penalties and multiple punishment under the Double Jeopardy Clause: Some
unanswered questions. David S. Rudstein, 46 Okla.L.Rev. 587 (1993).
Federal court jurisdiction over settlement agreements. Kirk Teska, 30 Trial 44 (June
1994).
From Swift to Stotts and beyond: Modification of injunctions in the federal courts.
Timothy Stoltzfus Jost, 64 Tex.L.Rev. 1101 (1986).
Implementation of consent decrees in structural reform litigation. Lloyd C. Anderson,
1986 U.Ill.L.Rev. 725 (1986).
"Irreparable harm" and preliminary injunctions. Michael C. Silberberg, 212 N.Y.L.J. 3
(Dec. 1, 1994).
Lender preference clauses and the destruction of appealability and finality: Resolving a
Chapter 11 dilemma. Charles Jordan Tabb, 50 Ohio St.L.J. 109 (1989).
Modification of equitable decrees in institutional reform litigation: A commentary on the
Supreme Court's adoption of the second circuit's flexible test. David I. Levine, 58
Brook.L.Rev. 1239 (1992).
Reconsideration of contingent and disputed claims under Bankruptcy Code Section
502(j). Menachem O. Zelmanovitz and Elana C. Jacobson, 23 Seton Hall L.Rev. 1612
(1993).
Relief from final judgment under Rule 60(b)(1) due to judicial errors of law. 83
Mich.L.Rev. 1571 (1985).
Relief from fraudulent judgments in the federal courts: Motion to vacate or independent
action-opposite sides of the same coin. 36 Drake L.Rev. 389 (1986-1987).
Rewriting history: The propriety of eradicating prior decisional law through settlement
and vacatur. Jill E. Fisch, 76 Cornell L.Rev. 589 (1991).
Standards of review in eleventh circuit civil appeals. Steven Alan Childress. 9 Nova L.J.
257 (1985).
Survey of recent Sixth Circuit Court of Appeals cases regarding the Federal Rules of
Civil Procedure. Noel E. Sullivan, 1987 Det.C.L.Rev. 242.
The "facts" of federal subject matter jurisdiction. William Marshall, 35 DePaul L.Rev. 23
(1985).
A standards of review primer: Federal civil appeals. Steven Alan Childress, 125 F.R.D.
319 (1989).
LIBRARY REFERENCES
American Digest System
Relief from judgment in general, see Federal Civil Procedure
2641 et seq.
41 ALR, Fed. 350, Jurisdiction of United States District Court Under 28 U.S.C.A.
1346(A) in Civil Action to Order Return of Fines, Forfeitures, and Costs Imposed After
Criminal Conviction Subsequently Held to Have Been...
45 ALR, Fed. 104, Motions for New Trial: Time Limitations Under Rule 59(B) of Federal
Rules of Civil Procedure.
38 ALR, Fed. 238, Compliance With Federal Constitutional Requirement that Guilty
Pleas be Made Voluntarily and With Understanding, in Federal Cases Involving Allegedly
Mentally Incompetent State Convicts.
38 ALR, Fed. 617, Availability, Under 28 U.S.C.A. 1651, of Writ of Error Coram Nobis
to Vacate Federal Conviction Where Sentence Has Been Served.
35 ALR, Fed. 973, Who is a "Party" Within Provision of Rule 60(B) of Federal Rules of
Civil Procedure Permitting Court to Relieve "Party or His Legal Representative" from
Final Judgment or Order for Specified Reasons.
22 ALR, Fed. 709, Disqualification of Original Trial Judge to Sit on Retrial After
Reversal or Mistrial; Federal Cases.
24 ALR, Fed. 697, Power of Tax Court to Grant Leave to File Motion to Vacate Its Final
Decision on Ground of Fraud Upon the Court.
19 ALR, Fed. 761, Construction and Application of Provision of Rule 60(B) of Federal
Rules of Civil Procedure that Rule Does Not Limit Power of Federal District Court to Set
Aside Judgment for "Fraud Upon the Court".
15 ALR, Fed. 193, Construction and Application of Rule 60(B)(6) of Federal Rules of
Civil Procedure Authorizing Relief from Final Judgment or Order for "Any Other
Reason".
13 ALR, Fed. 794, Construction of Rule 60(A) of Federal Rules of Civil Procedure
Authorizing Correction of Clerical Mistakes in Judgments, Orders, or Other Parts of
Record, and Errors Therein Arising from Oversight or Omission.
3 ALR, Fed. 569, Propriety of Dismissal Under Federal Civil Procedure Rule 41(A) of
Action as Against Less Than All of Several Defendants.
1 ALR, Fed. 771, Relief from Judicial Error by Motion Under FRCP Rule 60(B)(1).
5 ALR 5th 422, Filing of Notice of Appeal as Affecting Jurisdiction of State Trial Court
to Consider Motion to Vacate Judgment.
57 ALR 4th 911, Products Liability: Pertussis Vaccine Manufacturers.
57 ALR 4th 1049, Court Reporter's Death or Disability Prior to Transcribing Notes as
Grounds for Reversal or New Trial.
69 ALR 3rd 845, Amendment, After Expiration of Time for Filing Motion for New Trial,
in Civil Case, of Motion Made in Due Time.
21 ALR 3rd 1255, Opening Default or Default Judgment Claimed to Have Been Obtained
Because of Attorney's Mistake as to Time or Place of Appearance, Trial, or Filing of
Necessary Papers.
15 ALR 3rd 674, Attorney's INAction as Excuse for Failure to Timely Prosecute Action.
146 ALR, Fed. 563, Propriety of Allowing Class Member to Opt Out in Class Action
Certified Under Subsections (B)(1) or (B)(2) of Rule 23 of Federal Rules of Civil
Procedure.
102 ALR, Fed. 811, Who Has Burden of Proof in Proceeding Under Rule 60(B)(4) of
Federal Rules of Civil Procedure to Have Default Judgment Set Aside on Ground that it
is Void for Lack of Jurisdiction.
88 ALR, Fed. 341, Who is "Party Aggrieved," So as to be Entitled to Petition Court of
Appeals for Review of Final Order of Administrative Agency, Under 28 U.S.C.A. 2344.
76 ALR, Fed. 199, When Will Premature Notice of Appeal be Retroactively Validated in
Federal Civil Case.
74 ALR, Fed. 516, Tolling of Time for Filing Notice of Appeal in Civil Action in Federal
Court Under Rule 4(A)(4) of Federal Rules of Appellate Procedure.
67 ALR, Fed. 319, Award of Damages or Costs Under 28 U.S.C.A. 1912 or Rule 38 of
Federal Rules of Appellate Procedure, Against Appellant Who Brings Frivolous Appeal.
64 ALR, Fed. 746, Withdrawal or Amendment of Admissions Under Rule 36(B) of
Federal Rules of Civil Procedure.
58 ALR, Fed. 282, What Are Proceedings by Governmental Units to Enforce Police or
Regulatory Powers Which Are Excepted from Operation of Automatic Stay Provisions of
Bankruptcy Code of 1978 (11 U.S.C.A. 362(B)(4), (5)).
60 ALR, Fed. 183, Correction, Modification, or Supplementation of Record on Appeal
Under Rule 10(E) of Federal Rules of Appellate Procedure.
55 ALR, Fed. 190, Default Judgments Against the United States Under Rule 55(E) of the
Federal Rules of Civil Procedure.
44 ALR, Fed. 831, Recall of Appellate Mandate Directing Action by Federal Agency.
36 ALR, Fed. 349, Who is "Party Aggrieved" Under 9 of Bank Holding Company Act
(12 U.S.C.A. 1848), Which Allows Any Party Aggrieved by Federal Reserve Board
Order Under Act to Obtain Judicial Review.
38 ALR, Fed. 824, Effect, on Jurisdiction of State Court, of 28 U.S.C.A. 1446(E),
Relating to Removal of Civil Case to Federal Court.
39 ALR, Fed. 829, Appellate Review of Order Denying Extension of Time for Filing
Notice of Appeal Under Rule 4(A) of Federal Rules of Appellate Procedure.
32 ALR, Fed. 648, Composition of Record on Review of Agency Action Under 28
U.S.C.A. 2112(B) and Rule 16(A) of Federal Rules of Appellate Procedure.
33 ALR, Fed. 588, Composition of Record on Appeal from District Court Under Rule
10(A) of Federal Rules of Appellate Procedure.
35 ALR, Fed. 727, Construction and Application of Provision of Rule 51 of Federal Rules
of Civil Procedure Requiring Party Objecting to Instructions or Failure to Give
Instruction to Jury, to State "Distinctly the Matter to Which He Objects and the
Groundsfor Objections".
16 ALR, Fed. 748, Scope of Relief Which May be Granted, Under Rule 54(C) of Federal
Rules of Civil Procedure, Except in Cases of Default Judgment, Even Though Party in
Whose Favor Judgment is Rendered Has Not Demanded Such Relief.
3 ALR, Fed. 956, Propriety of Conditions Imposed in Granting Relief from Judgment
Under Rule of Civil Procedure 60(B).
2 ALR, Fed. 760, Status, in Federal Court, of Judgment or Order Rendered by State Court
Before Removal of Case.
64 ALR 5th 163, Waiver of Right to Default Judgment.
19 ALR 5th 622, Propriety of Reassembling Jury to Amend, Correct, Clarify, or
Otherwise Change Verdict After Discharge or Separation at Conclusion of Civil Case.
83 ALR 4th 1006, In Personam Jurisdiction, in Libel and Slander Action, Over
Nonresident Who Mailed Allegedly Defamatory Letter from Outside State.
75 ALR 3rd 894, Right to a Jury Trial on Motion to Vacate Judgment.
78 ALR 3rd 150, Fraud in Obtaining or Maintaining Default Judgment as Ground for
Vacating or Setting Aside in State Courts.
69 ALR 3rd 933, Amendment, After Expiration of Time for Filing Motion for New Trial
155 ALR, Fed. 535, Effect of Use, or Alleged Use, of Internet on Personal Jurisdiction In,
or Venue Of, Federal Court Case.
152 ALR, Fed. 123, Order, Based on New Evidence Provision of 42 U.S.C.A. 405(G),
that Additional Evidence be Taken in Administrative Proceeding to Establish Eligibility
for Benefits Under Social Security Act.
139 ALR, Fed. 603, What Constitutes "Appearance" Under Rule 55(B)(2) of Federal
Rules of Civil Procedure, Providing that If Party Against Whom Default Judgment is
Sought Has "Appeared" in Action, that Party Must be Served With Notice Of...
141 ALR, Fed. 1, Construction and Application of 10(A)(1)-(3) of Federal Arbitration
Act (9 U.S.C.A. 10(A)(1)-(3)) Providing for Vacating of Arbitration Awards Where
Award Procured by Fraud, Corruption, or Undue Means, Where...
136 ALR, Fed. 63, Remedies Available Under Americans With Disabilities Act (42
U.S.C.A. 12101 et seq.).
138 ALR, Fed. 253, Creditor's Right to Have Bankruptcy Discharge of Individual Debtor
Revoked, Vacated, and Set Aside.
89 ALR, Fed. 514, Modern Status of Federal Civil Procedure Rule 54(B) Governing
Entry of Judgment on Multiple Claims.
80 ALR, Fed. 185, Recovery of Prejudgment Interest in Actions Under the Federal
Employers' Liability Act or Jones Act.
80 ALR, Fed. 921, Effect of Party's Failure to File Timely Objections, Under 28 U.S.C.A.
636(B)(1), to Magistrate's Findings or Recommendations on Right of Review in
Appellate Court.
75 ALR, Fed. 600, Existence of Pendent Jurisdiction of Federal Court Over State Claim
When Joined With Claim Arising Under Laws, Treaties, or Constitution of United States.
53 ALR, Fed. 595, Requirement of Rule 58, Federal Rules of Civil Procedure, that Every
Judgment Shall be Set Forth on a Separate Document.
26 ALR, Fed. 569, What Constitutes "Excusable Neglect" Which Will Permit Federal
District Court to Extend Time for Filing Notice of Appeal from Civil Judgment Under
Rule 4(A) of Federal Rules of Appellate Procedure and Under Former Rule...
29 ALR, Fed. 7, What Constitutes "Good Cause" Allowing Federal Court to Relieve
Party of His Default Under Rule 55(C), of Federal Rules of Civil Procedure.
20 ALR, Fed. 488, Propriety of Dismissal for Failure of Prosecution Under Rule 41(B) of
90 ALR 3rd 1032, Who May Dispute Presumption of Legitimacy of Child Conceived or
Born During Wedlock.
90 ALR 2nd 583, Liability of Mother's Husband, Not the Father of Her Illegitimate Child,
for Its Support.
69 ALR 2nd 755, Right to Appellate Review of Consent Judgment.
46 ALR 2nd 1059, Right to Intervene in Court Review of Zoning Proceeding.
171 ALR, Fed. 419, Attorney's Fees Under 11(G)(4) of Endangered Species Act (16
U.S.C.A. 1540(G)(4)).
157 ALR, Fed. 581, Comment Note: Sufficiency, in Federal Court, of Raising Issue
Below to Preserve Matter for Appeal.
47 ALR, Fed. 15, Exhaustion of State Administrative Remedies as Prerequisite to Federal
Civil Rights Action Based on 42 U.S.C.A. 1983.
54 ALR 5th 575, Disqualification of Judge for Bias Against Counsel for Litigant.
81 ALR 3rd 1281, Disbarment or Suspension of Attorney in One State as Affecting Right
to Continue Practice in Another State.
85 ALR 2nd 772, Power of Trial Court to Enjoin Enforcement of Its Judgment as
Affected by Previous Affirmance.
168 ALR, Fed. 433, Validity and Construction of "Three Strikes" Rule Under 28
U.S.C.A. 1915(G) Barring Prisoners from in Pauperis Filing of Civil Suit After Three
Dismissals for Frivolity.
137 ALR, Fed. 137, Time Limits on Assumption or Rejection of Executory Contract or
Lease Under 365 of Bankruptcy Code (11 U.S.C.A. 365).
110 ALR, Fed. 148, Appealability of Order Staying, or Refusing to Stay, Proceeding in
Federal District Court Pending Arbitration Procedure.
91 ALR, Fed. 547, Limitation of Liability of Air Carrier for Personal Injury or Death.
60 ALR, Fed. 481, Abuse of Writ as Basis for Dismissal of State Prisoner's Second or
Successive Petition for Federal Habeas Corpus.
54 ALR, Fed. 214, Plaintiff's Right to File Notice of Dismissal Under Rule 41(A)(1)(i) of
Federal Rules of Civil Procedure.
36 ALR, Fed. 763, Appealability of Discovery Order as "Final Decision" Under 28
U.S.C.A. 1291.
10 ALR, Fed. 724, Consideration Of, or Failure to Raise or Consider, Question on Appeal
from Conviction or on Postconviction Remedy, as Precluding Its Consideration on
Subsequent Motion to Vacate Sentence Under 28 U.S.C.A. 2255.
102 ALR 5th 647, Imposition of Default Judgment Against Codefendant--Modern
Treatment.
96 ALR 5th 239, Products Liability: Firearms, Ammunition, and Chemical Weapons.
32 ALR 4th 212, Dismissal of State Court Action for Failure or Refusal of Plaintiff to
Appear or Answer Questions at Deposition or Oral Examination.
6 ALR 4th 652, Appealability of State Court's Order or Decree Compelling or Refusing to
Compel Arbitration.
61 ALR 3rd 520, Divorce: Power of Court to Modify Decree for Alimony or Support of
Spouse Which was Based on Agreement of Parties.
22 ALR 2nd 1312, Power of Court, in Absence of Express Authority, to Grant Relief from
Judgment by Default in Divorce Action.
10 ALR 2nd 1075, Motion or Petition for Rehearing in Court Below as Affecting Time
Within Which Appellate Proceedings Must be Taken or Instituted.
113 ALR, Fed. 197, What Constitutes Violation of Requirements of Truth in Lending Act
(Tila) (15 U.S.C.A. 1601 et seq.) Concerning Disclosure of Information in Credit
Transactions--Civil Cases.
100 ALR, Fed. 556, Procedural Requirements for Imposition of Sanctions Under Rule 11,
Federal Rules of Civil Procedure.
87 ALR, Fed. 500, Award of Attorneys' Fees Pursuant to 615(E)(4) of the Education of
the Handicapped Act (20 U.S.C.A. 1415(E)(4)) as Amended by the Handicapped
Children's Protection Act of 1986.
14 ALR, Fed. 608, Punitive Damages in Actions for Violations of Federal Civil Rights
Acts.
34 ALR 4th 1121, Judgment in Guardian's Final Accounting Proceedings as Res Judicata
in Ward's Subsequent Action Against Guardian.
55 ALR 3rd 303, Failure of Party or His Attorney to Appear at Pretrial Conference.
18 ALR 3rd 1132, Competency of Juror's Statement or Affidavit to Show that Verdict in
35 Am. Jur. Proof of Facts 3d 323, Entitlement to a Stay or Default Judgment Relief
Under the Soldiers' and Sailors' Civil Relief Act.
43 Am. Jur. Proof of Facts 3d 1, Nondischargeability of Debt Based on False Pretenses or
Representations, Actual Fraud, or False Financial Statement Under Bankruptcy Code
523(A)(2).
52 Am. Jur. Proof of Facts 3d 197, Alleged Debtor's Defense of Involuntary Bankruptcy
Proceeding Brought by Petitioning Creditors Under 11 U.S.C.A. 303(A) and Recovery
of Damages for Bad Faith Petition Under 11 U.S.C.A. 303(I).
10 Am. Jur. Trials 653, Disputed Paternity Cases.
14 Am. Jur. Trials 437, Presenting the Government Contractor.
21 Am. Jur. Trials 625, Preparation and Trial of Federal Class Actions.
47 Am. Jur. Trials 521, Bringing and Resisting Rule 11 Sanctions.
56 Am. Jur. Trials 293, A Guide to the Federal Rules of Civil Procedure.
73 Am. Jur. Trials 1, Sexual Harassment Damages and Remedies.
1 Am. Jur. 2d Actions 86, Generally.
3C Am. Jur. 2d Aliens and Citizens 3073, Default Judgment.
4 Am. Jur. 2d Appellate Review 187, Order Granting or Denying Motion to Open or Set
Aside Court's Judgment.
5 Am. Jur. 2d Appellate Review 302, Effect of Untimely Filing.
5 Am. Jur. 2d Appellate Review 303, Generally.
5 Am. Jur. 2d Appellate Review 308, Timeliness of Motion.
5 Am. Jur. 2d Appellate Review 321, Notice of Appeal Filed by Mail.
5 Am. Jur. 2d Appellate Review 350, Effect of Motion for Relief from Judgment.
5 Am. Jur. 2d Appellate Review 425, Posttrial or Postjudgment Motions; Generally.
5 Am. Jur. 2d Appellate Review 690, Review as Limited to Issues Raised Below;
Generally.
Am. Jur. 2d Executions and Enforcement of Judgments 396, Motion for New Trial or
Judgment in Federal Court.
Am. Jur. 2d Executions and Enforcement of Judgments 932, Under Rule 60(B) of
Federal Rules of Civil Procedure.
Am. Jur. 2d Federal Courts 59, Review of District Court Ruling.
Am. Jur. 2d Federal Courts 63, Remedy; Harmless Error.
Am. Jur. 2d Federal Courts 68, Motion for Relief from Judgment.
Am. Jur. 2d Federal Courts 181, Powers Under "Additional Duties" Clause.
Am. Jur. 2d Federal Courts 383, Reconsideration by Postjudgment Motion.
Am. Jur. 2d Federal Courts 420, Mental Health Proceedings in the District of Columbia.
Am. Jur. 2d Federal Courts 661, Introduction.
Am. Jur. 2d Federal Courts 1006, When Objection Must be Made.
Am. Jur. 2d Federal Courts 1621, Generally.
Am. Jur. 2d Federal Courts 1702, Dissolution or Modification.
Am. Jur. 2d Federal Courts 1791, Relation of Class-Action Rule to Other Civil Rules.
Am. Jur. 2d Federal Courts 1837, Amendment or Modification of Class Definition.
Am. Jur. 2d Federal Courts 2043, Failure to Resolve Class-Action Certification as
Depriving Court of Appeals of Jurisdiction.
Am. Jur. 2d Federal Courts 2071, Effect of Failure to Opt Out Within Time Specified in
Notice.
Am. Jur. 2d Federal Courts 2087, Generally.
Am. Jur. 2d Federal Courts 2088, Grounds for Relief.
Am. Jur. 2d Federal Courts 2115, Right of Class Member to Appeal or Collaterally
Attack Settlement.
Am. Jur. 2d Federal Courts 2124, Consent Decrees.
Am. Jur. 2d Federal Courts 2545, Motion for Relief from Judgment or Order; Clerical
Mistake.
Am. Jur. 2d Federal Courts 2546, Other Grounds.
Am. Jur. 2d Federal Courts 2547, By Independent Action.
Am. Jur. 2d Federal Tax Enforcement 372, Illustrative Cases.
Am. Jur. 2d Federal Tax Enforcement 900, Vacation of Final Decision.
Am. Jur. 2d Habeas Corpus 15, Orderly Administration of Justice.
42 Am. Jur. 2d Injunctions 284, Modification Of, or Relief From, Security.
42 Am. Jur. 2d Injunctions 304, Which Court May Grant Relief.
42 Am. Jur. 2d Injunctions 311, Procedure for Dissolution or Modification.
42 Am. Jur. 2d Injunctions 313, Procedure.
Am. Jur. 2d Judgments 21, Fraud or Collusion.
Am. Jur. 2d Judgments 24, Generally.
Am. Jur. 2d Judgments 25, Court's Authority to Render Judgment.
Am. Jur. 2d Judgments 31, Void Judgments.
Am. Jur. 2d Judgments 129, Notice of Entry.
Am. Jur. 2d Judgments 143, Notice.
Am. Jur. 2d Judgments 158, Source of Authority.
Am. Jur. 2d Judgments 175, Clerical Mistakes; Generally.
Am. Jur. 2d Judgments 176, What Errors Are Correctable.
Am. Jur. 2d Judgments 177, Apparent Right to Correction as Key.
Am. Jur. 2d Judgments 178, What Errors Are Not Correctable.
Am. Jur. 2d Judgments 179, Time for Correction.
Am. Jur. 2d Judgments 190, Generally.
Misrepresentation.
Am. Jur. 2d Judgments 890, Perjury.
Am. Jur. 2d Judgments 891, Involvement of Officer of Court.
Am. Jur. 2d Judgments 909, Proceedings in Equity for Relief from Judgment.
Am. Jur. 2d Judgments 741.1, Writ of Error Coram Nobis.
Am. Jur. 2d Labor and Labor Relations 4679, Relief from Judgment.
53A Am. Jur. 2d Military and Civil Defense 242, Mandamus.
53A Am. Jur. 2d Mines and Minerals 285, Assessment of Civil Penalties.
53A Am. Jur. 2d Mines and Minerals 294, Of Proposed Assessments and Penalties.
53A Am. Jur. 2d Mines and Minerals 298, Final Determination; Notice and Effect;
Assessment of Costs.
Am. Jur. 2d Monopolies, Restraints of Trade, etc. 582, Modification.
Am. Jur. 2d Pleading 402, Effect of Failure to Serve Timely Answer.
Am. Jur. 2d Pleading 624, What Papers Are Subject to Fr Civ P, Rule 11.
Am. Jur. 2d Pleading 657, Generally.
Am. Jur. 2d Pleading 759, Amendments Following Dismissal or Summary Judgment.
Am. Jur. 2d Pleading 772, Necessity of Reopening or Vacating Judgment Entered in
Federal Court.
Am. Jur. 2d Pretrial Conference and Procedure 103, Notice Requirement.
Am. Jur. 2d Private Franchise Contracts 851, Multidistrict Litigation.
Am. Jur. 2d Trial 385, Showing of Due Diligence.
Am. Jur. 2d Trial 1930, Effect of Failure to Amend.
34 Am. Jur. Proof of Facts 3d 387, CERCLA Liability of Parent, Subsidiary and
Successor Corporations.
50 Am. Jur. Proof of Facts 3d 371, Liability for Sale of Forged Antique or Work of Art.
Am. Jur. 2d Habeas Corpus 125, Dismissal of Claim Presented in Second or Successive
Petition.
Am. Jur. 2d Pretrial Conference and Procedure 96, Dismissal and Default; Discretion of
Court.
Forms
4 West's Federal Forms 4634, Motion for Security for Costs-Another Form.
4 West's Federal Forms 4900, Order Amending Judgment-By Increasing the Amount of
Summary Judgment.
4 West's Federal Forms 4941, Motion to Correct Clerical Error.
4 West's Federal Forms 4942, Motion to Correct Clerical Error-Error in Dismissal.
4 West's Federal Forms 4951, Motion to Vacate Judgment-General Form.
4 West's Federal Forms 4953, Motion to Vacate Judgment-Another Form.
4 West's Federal Forms 4942.5, Motion to Correct Clerical Error-Error in Amount of
Judgment.
4 West's Federal Forms 4954.5, Motion to Vacate Order of Dismissal for Want of
Prosecution.
4 West's Federal Forms 4962.5, Order for New Trial on Newly Discovered Evidence
Pursuant to Rule 60(B)(2) (On Remand from Appellate Court).
4 West's Federal Forms 4516.15, Stipulation for Consent to Entry of Partial Final
Judgment.
4A West's Federal Forms 5717.10, Motion to Amend Notice of Appearance to be an
Answer After Time for Answer.
7A West's Federal Forms 12422, Motion to Amend Judgment (Clerical Error).
7A West's Federal Forms 12424, Motion to Vacate Default Judgment.
4 West's Federal Forms 4516.10, Motion for Termination of Consent Order.
6 West's Federal Forms 9539, Motion to Vacate Order for Relief-Rule 1013.
6 West's Federal Forms 9755, Judgment by Default (Form No. B. 261B)-Rule 7055.
11A AMJUR PP Forms Fed. Prac. & Proc. 1233, Affidavit-In Support of Motion to
Amend Judgment-By Plaintiff-To Designate True Name of Judgment Debtor.
11A AMJUR PP Forms Fed. Prac. & Proc. 1234, Order-To Amend Judgment.
11A AMJUR PP Forms Fed. Prac. & Proc. 1236, Motion and Notice-Correction of
Clerical Mistake in Judgment.
11A AMJUR PP Forms Fed. Prac. & Proc. 1237, Affidavit-By Attorney-In Support of
Motion to Correct Clerical Error in Judgment-Variance With Findings of Fact.
11A AMJUR PP Forms Fed. Prac. & Proc. 1238, Motion and Notice-For Relief from
Judgment-To Set Aside Judgment-Newly Discovered Evidence.
11A AMJUR PP Forms Fed. Prac. & Proc. 1239, Affidavit-In Support of Motion for
Relief from Judgment-To Set Aside Judgment-Newly Discovered Evidence.
11A AMJUR PP Forms Fed. Prac. & Proc. 1240, Order-Granting Motion for Relief
from Judgment-Newly Discovered Evidence.
11A AMJUR PP Forms Fed. Prac. & Proc. 1241, Introductory Comments.
11B AMJUR PP Forms Fed. Prac. & Proc. 1346, Motion and Notice-To Dissolve or
Modify Permanent Injunction.
11B AMJUR PP Forms Fed. Prac. & Proc. 1463, Motion-To Amend Notice of
Appearance to be Answer.
11B AMJUR PP Forms Fed. Prac. & Proc. 1670, Motion-For Limited Remand for
District Court to Decide Rule 60(B) Motion.
15 Am. Jur. Pl. & Pr. Forms Judgments 2, Annotation References.
15 Am. Jur. Pl. & Pr. Forms Judgments 5, Annotation References.
Am. Jur. Pl. & Pr. Forms Military; Civil Defense 10, Petition in United States Court of
Appeals-For Writ of Mandamus-Ordering Consideration of Application for Upgraded
Discharge.
Federal Procedural Forms 13:3, Power of Eminent Domain; Methods of Exercising
Condemnation Power.
Federal Procedural Forms 28:2, Annotation References.
Federal Procedural Forms 28:9, Annotation References.
Sanctions Imposed.
Bankruptcy Service Lawyers Edition 59:340, Automatic Stay -- Sanctions Denied or
Overturned on Appeal in Relief from Stay Proceedings.
Bankruptcy Service Lawyers Edition 59:350, Secured Claims; Extent and Priority of
Liens or Other Interests -- Sanctions Imposed.
Bankruptcy Service Lawyers Edition 59:370, Dismissal or Conversion of Case -Sanctions Imposed.
Bankruptcy Service Lawyers Edition 59:374, Default Judgments.
Bankruptcy Service Lawyers Edition 59:605, Entry of Order on Docket -- Effect on
Appeal.
Bankruptcy Service Lawyers Edition 59:607, Effect on Appeal.
Bankruptcy Service Lawyers Edition 59:610, Effect of Noncompliance, Generally.
Bankruptcy Service Lawyers Edition 59:627, Generally.
Bankruptcy Service Lawyers Edition 59:629, Purpose.
Bankruptcy Service Lawyers Edition 59:630, Burden of Proof.
Bankruptcy Service Lawyers Edition 59:631, Timeliness of Motion.
Bankruptcy Service Lawyers Edition 59:632, Timeliness of Motion -- Motion for
Reconsideration.
Bankruptcy Service Lawyers Edition 59:635, Appeal and Review -- Effect of Motion
on Time for Appeal.
Bankruptcy Service Lawyers Edition 59:638, Newly Discovered Evidence.
(C) 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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