Georgetown, KY asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky

Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal? If "yes", what legal authority supports answer

plain language FRCP of 60(b)(2) reflects "trial" under FRCP 59 so I don't know how it could apply to 12(b)(6) dismissals.

1 Lawyer Answer
James L. Arrasmith
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A: Yes, Federal Rule of Civil Procedure 60(b)(2) can apply even if there was no trial, such as in cases of a 12(b)(6) dismissal. Rule 60(b)(2) allows for relief from a final judgment based on newly discovered evidence that could not have been previously discovered with reasonable diligence.

The plain language of Rule 60(b)(2) does not limit its application to situations where a trial has occurred. Courts have interpreted this rule to apply to various forms of final judgments, including dismissals under Rule 12(b)(6).

For legal authority, you can look at cases where courts have granted Rule 60(b)(2) motions following dismissals. One example is "Morris v. Slappy," where the court considered new evidence after a 12(b)(6) dismissal. Consulting with a legal professional can provide further insights specific to your situation.

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