Rule 60(b) of the Federal Rules of Civil Procedure provides that on motion and under just terms, a court may relieve a party from a final judgment or order. The rule rightly seeks to balance the interest in the finality of judgments (which secures the peace and repose of society) with the interest of doing justice when circumstances demand it.
The rule enumerates five specific reasons (including mistake, newly discovered evidence, fraud, lack of jurisdiction and judgment satisfaction) that are, for the most part, uncontroversial because they identify circumstances in which justice or systemic concerns clearly outweigh the need for finality. And in a nod to finality, these enumerated provisions are further limited by timing restrictions that require a Rule 60(b) motion to be brought within a reasonable time.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]