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Sample Motion To Vacate Judgment Under Rule 60 (B)
Sample Motion To Vacate Judgment Under Rule 60 (B)
Sample Motion To Vacate Judgment Under Rule 60 (B)
Any Street
2 Any Town, CA 55555
3 714-555-5555
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UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________
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22 address.
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(6)
1 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
2 above-entitled Court located at ___________________________, Defendant ___ will move this
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Court for an order vacating the judgment entered against them on _____ on the grounds that the
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Defendant has suffered injury as a result of circumstances beyond their control and will suffer
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manifest injustice if the judgment is not vacated as more fully set forth in the declaration of ________
8 This motion is made pursuant to Federal Rule of Civil Procedure 60(b)(6) (Rule 60) and
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shall be based upon this notice, the attached Memorandum of Points and Authorities, the declaration
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of _________ and Exhibits attached thereto, the complete files and records of this action, and such
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other and further oral and documentary evidence as may be presented at the hearing on this Motion.
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14 Dated_________________________ _______________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(6)
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiffs filed suit against Defendants on or about ___________ alleging: Add some
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brief facts regarding the lawsuit such as breach of contract, etc. See
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Plaintiffs complaint on file.
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Default was entered against Defendant on _______________. A Default Judgment was
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entered against Defendant on _______________. Put in the dates for each one, you
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(6)