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)?

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1 Lawyer Answer
Charles William Michaels
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Charles William Michaels
Answered
  • 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.

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