Q: Can Rule 60 Bleach Away All Stains?
FRCP Rule 60 carries a provision for relief when "the judgment has been satisfied". How plainly do we read this? If a defendant pays in full and can clearly show that in a post-judgment motion, what's to stop the erasure of that judgment like it never existed? What "just terms" per 60(b) would make that fly?
Assuming the action concerns violations of a "private attorney general" statute and the defense surrendered before any judicial review of the claims could occur, the plaintiff has an interest in repelling the defendant's whitewash. Has such a plaintiff any recourse?
A: Rule 60 is generally used to vacate a judgement wrongly entered. This does not sound like what you are describing. Depending on whether the matter is civil or criminal - in the state - district - or federal court, there are various instances where Rule 60 may be applicable. Consult with a qualified attorney in the area to review the specific facts and circumstances.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
