Issue: In the Ninth Circuit, what is the standard of review for Rule 59(e) and Rule 60(b) orders?
| Area of Law: | Litigation & Procedure |
| Keywords: | Standard of review; Abuse of discretion; Rule 59(e) and Rule 60(b) orders |
| Jurisdiction: | Federal |
| Cited Cases: | 21 F.3d 952; 31 F.3d 1447; 106 F.3d 1465; 244 F.3d 691; 231 F.3d 1220 |
| Cited Statutes: | Rule 59(e), Rule 60(b) |
| Date: | 06/01/2002 |
Rule 59(e) and Rule 60(b) orders are reviewed for abuse of discretion. TA s "United States ex rel. Familian N.W. v. RG & B Contrac" c 1 l "United States ex rel. Familian N.W. v. RG & B Contractors, 21 F.3d 952 (9th Cir. 1994)"United States ex rel. Familian N.W. v. RG & B Contractors, 21 F.3d 952, 954 (9th Cir. 1994). Similarly, motions to reconsider are reviewed under the abuse of discretion standard. TA s "Fireman’s Fund Ins. Cos. v. Alaska Pride P’ship, 106" c 1 l "Fireman’s Fund Ins. Cos. v. Alaska Pride P’ship, 106 F.3d 1465 (9th Cir. 1997)"Fireman’s Fund Ins. Cos. v. Alaska Pride P’ship, 106 F.3d 1465, 1470-71 (9th Cir. 1997).
“A district court abuses its discretion if it does not apply the correct law or if it rests on a clearly erroneous finding of a material fact.” TA s "Bateman v. U.S. Postal Serv., 231 F.3d 1220, 1223 (9" c 1 l "Bateman v. U.S. Postal Serv., 231 F.3d 1220 (9th Cir. 2000)"Bateman v. U.S. Postal Serv., 231 F.3d 1220, 1223 (9th Cir. 2000). A trial court’s exercise of discretion should not be disturbed unless the appellate court believes there is a “‘definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors.”” TA s "Moneymaker v. CoBen (In re Eisen),