22.33 - F. Motion For Relief From Judgment
Jurisdiction | New York |
F. Motion for Relief from Judgment
A party can move for relief from a judgment based upon the following substantive grounds:
(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. 3475
Such a motion must be made “within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken.”3476
The standard applicable to motions based on newly discovered evidence, which succeed only rarely, is the same as the standard...
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- 22.0 - I. Introduction
- 22.1 - II. General Considerations
- 22.2 - A. Post-Trial Motion Not For Preserving Appeal Issues
- 22.3 - B. Strategic Considerations
- 22.4 - 1. Consider Whether Appropriate
- 22.5 - 2. Consider Issues To Be Raised
- 22.6 - III. New York State Court Practice Governing Post-Trial Motions
- 22.7 - A. Post-Trial Motions In Jury And Nonjury Trials
- 22.8 - B. Time And Place Of Motion
- 22.9 - C. Oral Motions After Verdict
- 22.10 - 1. Motion To Set Aside Verdict
- 22.11 - 2. Stay Of Execution Of Judgment
- 22.12 - D. One Motion Only
- 22.13 - E. Possible Post-Trial Motion Relief
- 22.14 - 1. Judgment Notwithstanding The Verdict
- 22.15 - 2. New Trial
- 22.16 - A. Weight Of Evidence
- 22.17 - B. Excessiveness Or Inadequacy Of Award
- 22.18 - C. Inconsistent Or Compromise Verdict
- 22.19 - D. Jury Misconduct
- 22.20 - E. Misconduct Of Counsel, Party Or Judge
- 22.21 - F. Evidentiary Or Charge Errors
- 22.22 - F. Miscellaneous Matters
- 22.23 - 1. Use Of Trial Minutes
- 22.24 - 2. Time To Move
- 22.25 - 3. Form Of Motion
- 22.26 - G. Annuitized Payments; Reduction Of Judgment
- 22.27 - IV. Federal Practice Compared
- 22.28 - A. Post-Trial Motions Generally; Time To Move; Form Of Motions
- 22.29 - B. Motion For Judgment Notwithstanding The Verdict
- 22.30 - C. Motion For New Trial Or To Amend Judgment
- 22.31 - D. Motion To Amend Or Make Additional Findings
- 22.32 - E. Motion For Stay Of Execution
- 22.33 - F. Motion For Relief From Judgment
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