X

Legal Memorandum: Grounds for Granting a Relief

Issue: Whether a trial court appropriately based relief on mistake and a ‘reason justifying relief’ Under rule 60(b).

Area of Law: Litigation & Procedure
Keywords: Relief; 'Reason justifying relief'; Mistake
Jurisdiction: Federal
Cited Cases: None
Cited Statutes: Fed. R. Civ. P. 60(b)(1), (6)
Date: 07/01/2007

The Superior Court had an appropriate ground on which to grant relief:  Federal Civil Procedure Rule 60(b).  The law is clear that under the Rule, the court may,

[o]n motion and upon such terms as are just, . . . relieve a party or a party’s legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; . . . or (6) any other reason justifying relief from the operation of the judgment.

 

Fed. R. Civ. P. 60(b)(1), (6).  See Cent. Laborers Pension Fund v. Taxman Retaining Walls, Inc., No. 04-CV-417-DRH (S.D. Ill. Sept. 21, 2005) (finding that “the proper approach” to the plaintiff’s motion to set aside the dismissal, which was not made pursuant to any particular statute or rule, was to apply Rule 60(b)).

[…]

Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)