Ocean State, RI asked in Consumer Law for Rhode Island

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?

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1 Lawyer Answer
Neville Bedford
Neville Bedford
Answered
  • East Providence, RI
  • Licensed in Rhode Island

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.

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