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    Sample Motion To Vacate Judgment Under Rule 60 (B)

    Uploaded by

    Stan Burman
    This sample motion to vacate a void judgment in United States District Court under Rule 60(b)(4) of the Federal Rules of Civil Procedure is used when a defendant contends that the judgment is void due to lack of personal jurisdiction on the grounds that they were not validly served with the summons and complaint. The sample has been revised and updated in December 2016, is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    © All Rights Reserved
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    Sample Motion To Vacate Judgment Under Rule 60 (B)

    Uploaded by

    Stan Burman
    11K views3 pages
    This sample motion to vacate a void judgment in United States District Court under Rule 60(b)(4) of the Federal Rules of Civil Procedure is used when a defendant contends that the judgment is void due to lack of personal jurisdiction on the grounds that they were not validly served with the summons and complaint. The sample has been revised and updated in December 2016, is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    Sample Motion to Vacate Judgment Under Rule 60(b)(4)

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    This sample motion to vacate a void judgment in United States District Court under Rule 60(b)(4) of the Federal Rules of Civil Procedure is used when a defendant contends that the judgment is void due to lack of personal jurisdiction on the grounds that they were not validly served with the summons and complaint. The sample has been revised and updated in December 2016, is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    11K views3 pages

    Sample Motion To Vacate Judgment Under Rule 60 (B)

    Uploaded by

    Stan Burman
    This sample motion to vacate a void judgment in United States District Court under Rule 60(b)(4) of the Federal Rules of Civil Procedure is used when a defendant contends that the judgment is void due to lack of personal jurisdiction on the grounds that they were not validly served with the summons and complaint. The sample has been revised and updated in December 2016, is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    1 Any Attorney or Party

    Any Street
    2 Any Town, CA 55555

    3 714-555-5555

    4 Any Attorney or Party

    8
    UNITED STATES DISTRICT COURT
    9 ________ DISTRICT OF _____________

    10

    11 Any Plaintiff, ) Case No.


    )
    12 Plaintiff, )
    NOTICE OF MOTION AND MOTION TO VACATE
    )
    JUDGMENT; MEMORANDUM OF POINTS AND
    13 vs. )
    AUTHORITIES; DECLARATION OF_______;
    )
    EXHIBITS
    14 Any Defendant, and DOES 1-5m )
    )
    Defendants. ) DATE:
    15
    ) TIME:
    ) PLACE
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    )
    )
    17
    )
    18

    19 To subscribe to my FREE weekly legal newsletter visit


    20
    http://www.legaldocspro.net/newsletter.htm and enter your e-mail
    21

    22 address.
    23

    24
    To view over 300 sample legal documents sold by LegalDocsPro
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    visit: http://www.scribd.com/LegalDocsPro Be sure to remove this
    26

    27 notice and all other notices before using this document.


    28

    - 1 -
    NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(4)
    1 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
    2 above-entitled Court located at ___________________________, Defendant ___ will move this
    3
    Court for an order vacating the judgment entered against them on _____ on the grounds that the
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    judgment is void as this Court lacks jurisdiction due to insufficient service of process as more fully
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    6
    set forth in the declaration of ________ and Exhibits attached thereto.

    7 This motion is made pursuant to Federal Rule of Civil Procedure 60(b)(4) (Rule 60) and

    8 shall be based upon this notice, the attached Memorandum of Points and Authorities, the declaration
    9
    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.
    11

    12

    13 Dated_________________________ _______________________________________
    ANY ATTORNEY OR PARTY
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    - 2 -
    NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(4)
    1 MEMORANDUM OF POINTS AND AUTHORITIES
    2 I.
    3
    STATEMENT OF FACTS
    4
    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.
    8

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    Default was entered against Defendant on _______________. A Default Judgment

    10 was entered against Defendant on _______________. Put in the dates for each one,
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    12
    you can get the dates from the Court clerk.
    13 Defendant contends the default and judgment are void as the Court lacked jurisdiction over
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    them as they were never validly served as this Court should vacate the judgment pursuant to Federal
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    Rule of Civil Procedure 60(b)(4).
    16
    See the Declaration of _______________________ and Exhibits attached thereto filed and
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    18 served concurrently and incorporated herein by reference.

    19
    To purchase the entire 11 page document visit:
    20

    21 https://legaldocspro.myshopify.com/products/sample-motion-to-vacate-
    22
    judgment-under-rule-60b4
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    NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT UNDER RULE 60(b)(4)

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