American Justice Studies Institute - School of Law

[scooterdog]

When a court decides against you in a civil trial you have other options besides OR in addition to the appeal process. According to the Federal Rules of Civil Procedure, RULE 60, serveral gounds exist fo the vacation of a judgement.

Rule 60, Relief From Judgment or Order

(A) Clerical Mistake.

(B) Mistakes, Inadvertence; Escusable Neglect; Newly Discovered Evidence; Fraud,

Rule 60(B)(6) could be called the "catch all". This rule allows the District Court to vacate an order for any reason justifying relief provided the party seeking files such a motion within a reasonable time and provided the reasons for such relief are not governed by the first five subdivisions of the rule. See Liljeberg v. Health Services Acquisition Corp. 486 U.S. 747, 863, 108 S. Ct. 2194, 100 L Ed.2d 855 (1988)

The desire of the courts to repair injustice brought by judgment will overcome secessity for finality of judgment where it is against conscience to execute the judgment and where judgment was rendered wouthout fault or neglect on part of party seeking to reform it. West Virginai Oil & Gas Co. B George Breece Lumber Co. C.A. 5(La.)1954, 213 F.2d. 702.