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Sample Motion To Alter or Amend Judgment Under Rule 59 (E)
Sample Motion To Alter or Amend Judgment Under Rule 59 (E)
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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1 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
2 above-entitled Court located at ___________________________, LIST HERE WHETHER
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PLAINTIFF OR DEFENDANT will move this Court for an order altering or amending the
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judgment entered on DATE OF JUDGMENT on the grounds that LIST HERE ALL SPECIFIC
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GROUNDS THAT YOU ARE CONTENDING SUPPORT YOUR REQUEST SUCH AS THE
13 This motion is made pursuant to Federal Rule of Civil Procedure 59(e) (Rule 59) and
14 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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19 Dated_________________________ _______________________________________
ANY ATTORNEY OR PARTY
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Note that you MUST file and serve this motion to alter or amend
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25 FRCP 59(e) which states that,(b) Time to File a Motion for a New
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Trial. A motion to alter or amend a judgment must be filed no later
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away as a final judgment requiring a separate document under FRCP
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58(a) is entered when the judgment is both entered in the civil docket
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6 under FRCP 79(a) and either (a) it is set forth on a separate document
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or (b) 150 days have run from entry of the judgment in the civil docket,
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This time period cannot be extended by any court or any
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stipulation.
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