Asked in Appeals / Appellate Law

Q: Is a motion for relief from judgment (60 FRCP) possible against the final ruling of a court of appeals?

Sorry, i'm a brazilian masters student conducting legal comparative studies about post-final judgment remedies. I've seen rule 60 (FRCP) allows relief from judgment on excepcional grounds, but apparently it only applies to the final judgment of the trial court. Could a party try to obtain relief from judgment, for example, arguing mistake or misrepresentation related to the court of appeals final ruling on an appeal (rendered, lets say, 9 months ago - so that the time for petition for rehearing / for certiorari has alredy passed)?

Related Topics:
1 Lawyer Answer
Charles William Michaels
Charles William Michaels
  • Appeals & Appellate Lawyer
  • Baltimore, MD

A: That's an interesting question. Without some research, I would say that the answer is no. But there's always a petition for en banc review in the federal appellate system, that is also a "relief" from a final judgment (decision) of the initial three-judge panel. But that has a time limit.

1 user found this answer helpful

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.