This document is a notice of motion and motion to vacate a judgment for fraud on the court. It was filed in a United States District Court by an attorney representing a defendant seeking to vacate a judgment entered against their client. The motion alleges that the judgment was obtained through fraud on the court, briefly listing facts regarding the fraud. It notices a hearing date and time and states that the motion is brought under Rule 60(d)(3) and will be supported by a memorandum, declaration, and exhibits providing details on the alleged fraud on the court.

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Any Attorney or Party
Any Street
Any Town, CA 55555
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714-555-5555
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Any Attorney or Party
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UNITED STATES DISTRICT COURT
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________ DISTRICT OF _____________
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Any Plaintiff,
Plaintiff,
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vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
NOTICE OF MOTION AND MOTION TO VACATE
JUDGMENT FOR FRAUD ON THE COURT;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF_______;
EXHIBITS
DATE:
TIME:
PLACE
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and all other notices before using this document.
PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
above-entitled Court located at ___________________________, Defendant ___ will move this
Court under Federal Rule of Civil Procedure 60(d)(3) for an order vacating the judgment entered
- 1 NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT FOR FRAUD ON THE COURT

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against them on _____ on the grounds that said judgment was procured through fraud on the Court in
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that BRIEFLY LIST THE FACTS REGARDING THE FRAUD ON THE COURT as more fully
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set forth in the declaration of ________ and Exhibits attached thereto.
This motion is made pursuant to Federal Rule of Civil Procedure 60(d)(3) (“Rule 60”) and
shall be based upon this Notice, the attached Memorandum of Points and Authorities, the declaration
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of _________ and Exhibits attached thereto, the complete files and records of this action, and such
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other and further oral and documentary evidence as may be presented at the hearing on this Motion.
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Dated_________________________
_______________________________________
ANY ATTORNEY OR PARTY
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- 2 NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT FOR FRAUD ON THE COURT

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MEMORANDUM OF POINTS AND AUTHORITIES
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I.
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STATEMENT OF FACTS
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Plaintiffs filed suit against Defendant on or about ___________ alleging: Add some brief
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facts regarding the lawsuit such as breach of contract, etc. See Plaintiffs complaint on file.
Judgment was entered against Defendant on ________________________. Defendant
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contends that said judgment was procured through fraud on the court in that LIST IN DETAIL
THE FACTS REGARDING THE FRAUD ON THE COURT AND CITE TO THE
EVIDENCE THAT YOU HAVE SUPPORING YOUR CLAIM SUCH AS ATTORNEY FOR
OTHER PARTY CONCEALED EVIDENCE AT TRIAL, OR DURING DISCOVERY, ETC.
See the Declaration of _______________________ and Exhibits attached thereto filed and
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served concurrently and incorporated herein by reference.
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Do not just use the wording from this sample for this paragraph.
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II.
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LEGAL ARGUMENT
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A.
THE COURT HAS THE POWER TO VACATE THE JUDGMENT THAT WAS
ENTERED AGAINST THE DEFENDANT FOR FRAUD ON THE COURT
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Federal Rule of Civil Procedure 60(d)(3) states in pertinent part that nothing in Rule 60 limits
a court’s power to set aside a judgment for fraud on the court.
Defendant contends that LIST NAME OF ATTORNEY FOR OTHER PARTY committed
fraud on the court by the following actions and deliberate omissions that harmed the integrity of the
judicial process.
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- 3 NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT FOR FRAUD ON THE COURT

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LIST HERE IN DETAIL WHAT ACTIONS AND OMISSIONS THAT YOU
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CONTEND THE ATTORNEY FOR THE OTHER PARTY CONSTITUTED FRAUD ON
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THE COURT. BE SPECIFIC AND INCLUDE ALL OF THE EVIDENCE THAT YOU
HAVE. REMEMBER THAT YOU MUST PROVIDE CLEAR AND CONVINCING
EVDIENCE OF FRAUD ON THE COURT.
To view the sample document on which this preview is based
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visit:
http://www.scribd.com/doc/195443498/Sample-Motion-to-Vacate-
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Judgment-for-Fraud-on-the-Court-Under-Rule-60-d-3-in-UnitedStates-District-Court
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- 4 NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT FOR FRAUD ON THE COURT