1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, )
NOTICE OF MOTION AND MOTION TO VACATE
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JUDGMENT; MEMORANDUM OF POINTS AND
13 vs. )
AUTHORITIES; DECLARATION OF_______;
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EXHIBITS
14 Any Defendant, and DOES 1-5m )
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Defendants. ) DATE:
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) TIME:
) PLACE
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)
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(3)
 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 of fraud,
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misrepresentation, or other misconduct of an adverse party which prevented the moving party from
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fairly presenting their case as more fully set forth in the declaration of ________ and Exhibits

7 attached thereto.

8 This motion is made pursuant to Federal Rule of Civil Procedure 60(b)(3) (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)(3)
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiffs filed suit against Defendant on or about ___________ alleging: Add some brief
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facts regarding the lawsuit such as breach of contract, etc. See Plaintiffs complaint on file.

7 On _____________ a judgment was entered LIST DETAILS OF JUDGMENT SUCH AS

8 AMOUNT, ETC.
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Moving party contends that the Court should vacate the judgment on the grounds of fraud,
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misrepresentation, or other misconduct of an adverse party which prevented the moving party from
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fairly presenting their case as more fully set forth in the declaration of ________ and Exhibits
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13 attached thereto filed and served concurrently herewith and incorporated herein by reference.

14 LIST HERE THE SPECIFIC DETAILS SUPPORTING YOUR REQUEST TO

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VACATE THE JUDGMENT ON THE GROUNDS OF FRAUD, MISREPRESENTATION OR
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MISCONDUCT OF AN ADVERSE PARTY AND WHY THIS PREVENTED YOU FROM
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FAIRLY PRESENTING YOUR CASE. BE SURE TO CITE TO THE ATTACHED
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19 DECLARATION AND EXHIBITS IF APPROPRIATE.

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You need to state the facts that pertain to your particular
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22 situation. You need to state the facts as to exactly when you became
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aware of the fraud, misrepresentation or misconduct. Do not just use
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25 the wording from this sample for this paragraph.

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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(3)
 1
https://legaldocspro.myshopify.com/products/sample-motion-
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(3)