Civil Procedure Rule 60 Usage

Summary

Rule 60 of the Federal Rules of Civil Procedure provides a mechanism for relief from a final judgment, order, or proceeding. It can be used to address issues such as mistake, inadvertence, newly discovered evidence, or fraud. Specifically, for a text order denying a motion for reconsideration, Rule 60(b) may be applicable if you can demonstrate valid grounds. The motion must be filed within a reasonable time, and for certain reasons, within one year of the judgment or order. Mistake refers to errors or misunderstandings, while inadvertence involves unintentional oversight. Understanding these terms can help in determining the applicability of Rule 60(b) for your case.

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the text order denied the plaintiff's prior motion for reconsideration
Rule *(b) could potentially be used to seek relief from the denial of a motion for reconsideration if you can show:
- Mistake, inadvertence, surprise, or excusable neglect;
- Newly discovered evidence;
- Fraud, misrepresentation, or misconduct by an opposing party;
- The judgment is void;
- The judgment has been satisfied, released, or discharged.
Have you considered grounds for relief under Rule *(b)?
yes, how long do i have to respond to the court using rule *(b)
Under Rule *(b), you must file a motion for relief within a reasonable time. For reasons (*)-(*) related to mistake, newly discovered evidence, or fraud, you have up to one year from the date of the judgment or order.
Do you need more information on how to file this motion?
can you explain mistake, inadvertence
Mistake and inadvertence under Rule *(b)(*) of the Federal Rules of Civil Procedure refer to:
- Mistake: An error or misunderstanding by a party, attorney, or the court.
- Inadvertence: Unintentional oversight or accidental failure to act.
This can include clerical errors or misunderstandings of facts or law.
Would you like more details on other grounds for relief under Rule *(b)?