Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal?
A:
Yes, Rule 60(b)(2) can apply even if there was no trial. This rule allows a party to seek relief from a judgment or order based on newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).
The fact that the case was dismissed under Rule 12(b)(6) doesn't preclude the use of Rule 60(b)(2). You can still bring forth newly discovered evidence to challenge the dismissal, as long as it meets the criteria of being genuinely new and previously unavailable despite your due diligence.
Remember to act promptly, as motions under Rule 60(b)(2) must be made within a reasonable time and no more than a year after the entry of the judgment or order. This way, you ensure your right to have the newly discovered evidence considered by the court.
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