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  1. #1

    Default Rule 60(C)(1) Timing to File Less Than One Year

    My question involves court procedures for the state of: Federal

    "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." Is this requirement not including appeal processes? Appeal to Circuit and Supreme courts would take more than one year. It should be considered as the date of the proceeding, including appeals, i.e. less than one year after final appeal proceeding?

  2. #2
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    Default Re: Rule 60(C)(1) Timing to File Less Than One Year

    Go to any Main library or probably a law school library, find the U.S.Code Annotated, among that group should be volumes for the Rules of Civil Procedure. Look up rule 60. There should be case law Annotations, OR find the FRD, Federal Rules Decisions digests for Annotations.

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    Default Re: Rule 60(C)(1) Timing to File Less Than One Year

    Posting HX. Figgy, you need to keep it all in one thread.

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    Default Re: Rule 60(C)(1) Timing to File Less Than One Year

    Quote Quoting worldfg
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    My question involves court procedures for the state of: Federal

    "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." Is this requirement not including appeal processes?
    Filing an appeal will not extend the time for filing the Rule 60(b) motion. If it did, the timing rule in 60(c) would state that.
    Nor does it work the other way around. The official notes to Rule 60 state that filing a Rule 60(b) motion does not extend the time for appeal, either.

  5. #5

    Default Re: Rule 60(C)(1) Timing to File Less Than One Year

    So the only chance is to use Rule 60 (b)(6), any other reason that justifies relief. This one is no time limit. Crimes, such as perjury, forge document and contempt court order are not listed on 60 (b) (1), (2) and (3). Can those crimes be considered as "any other reason"? I checked and only find the "law changed" as one example of any other reason.

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    Default Re: Rule 60(C)(1) Timing to File Less Than One Year

    Quote Quoting worldfg
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    So the only chance is to use Rule 60 (b)(6), any other reason that justifies relief. This one is no time limit. Crimes, such as perjury, forge document and contempt court order are not listed on 60 (b) (1), (2) and (3). Can those crimes be considered as "any other reason"? I checked and only find the "law changed" as one example of any other reason.
    You are in a civil proceeding, not a criminal a criminal one. To the extent that evidence of criminal activity would have an effect on the outcome of the case, that evidence should have been presented at the trial. If you didn't know of that evidence until after the trial, then you must seek relief under Rule 60(b), which has the time limit imposed by Rule 60(c).

  7. #7

    Default Re: Rule 60(C)(1) Timing to File Less Than One Year

    Plaintiff did not get any hearing or trial. The Courts allowed criminal activities went on without actions or sanction, no one listen to your motions and requests even filed the complaints to FBI. If Rule 60(b) (6) this situation, it should not have time limit.

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    Default Re: Rule 60(C)(1) Timing to File Less Than One Year

    Quote Quoting worldfg
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    Plaintiff did not get any hearing or trial. The Courts allowed criminal activities went on without actions or sanction, no one listen to your motions and requests even filed the complaints to FBI. If Rule 60(b) (6) this situation, it should not have time limit.
    If you want to bring to the court's attention evidence that it did not have at the time the final judgment was entered and that is your reason for the Rule 60 motion, then it is a Rule 60(b) motion, as Rule 60(b) covers:

    (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.

    (Bolding added.) I understand you think that there should be no time limit here, but the rule is what it is.

  9. #9

    Default Re: Rule 60(C)(1) Timing to File Less Than One Year

    Thanks for the detail explanation. I understand. 60 (b) (1)-(3). My question is for (6) "any other reason that justifies relief"?

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    Default Re: Rule 60(C)(1) Timing to File Less Than One Year

    Quote Quoting worldfg
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    "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." Is this requirement not including appeal processes?
    This question makes no sense. FRCP 60 has nothing to do with appeals.


    Quote Quoting worldfg
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    Appeal to Circuit and Supreme courts would take more than one year. It should be considered as the date of the proceeding, including appeals, i.e. less than one year after final appeal proceeding?
    Despite your use of a question mark, this sentence is not a question. If you intended a question, I can't really tell what you intended to ask. If you're asking whether a motion under FRCP 60 may be properly made after the appeal process is concluded, the answer is no.

    Quote Quoting worldfg
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    So the only chance is to use Rule 60 (b)(6), any other reason that justifies relief.
    The only chance for what?

    Honestly, the only chance you're going to succeed in any motion is if you hire an attorney.

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