![]() ![]() Rule 60 permits a motion for relief from a judgment to be filed after the 28 day timeframe for filing a Rule 59(e) motion has run. Rule 60: Motion for Relief from a Judgment Any reason for which a rehearing has been granted in a suit in equity in federal court.60 (any Rule 60 ground for relief may also be brought under Rule 59(e)). Mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, any factor rendering the judgment void, and any other reason that justifies relief.257, 266 (1978)(erroneous denial of hearing is a proper claim brought under Rule 59(e)). 1999)( banc)(Rule 59(e) is available to "correct manifest errors of law or fact upon which the judgment is based."). Errors of law or fact in the court's decision.As the court said in Fiorelli, supra at 338, Rule 59(e) is a "device to relitigate the original issue decided by the district court, and used to allege error." The following are a few grounds for relief that may be brought under Rule 59(e): Rule 59(e): Example Grounds for ReliefĪ motion for reconsideration under Rule 59(e) can be filed for almost any reason. Note this important point: if the Rule 59(e) motion is not timely (meaning, not filed within 28 days of the entry of the judgment), then the time to appeal is not tolled. The 60-day time to appeal will not run again until the Rule 59(e) motion is disposed of. A timely Rule 59(e) motion tolls the time to appeal the district court's judgment on the section 2255 motion. This is a strict time limit, and the court has no authority to grant more time. A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. Rule 59(e) authorizes a motion to alter or amend a judgment. ![]() Rule 59(e): Motion to Alter or Amend a Judgment 524, 534 (2005)("Rule 60(b) has an unquestionably valid role to play in habeas cases."). ![]() 1993)(Rule 59 applies in section 2255 proceedings) Gonzalez v. See Rule 12 of the Rules Governing Section 2255 Proceedings United States v. Both of these Rules are available to the section 2255 litigant. In some instances, however, it may make sense to seek reconsideration pursuant to Federal Rule of Civil Procedure 59 or 60. The traditional option is the appeal, which is discussed here. When a section 2255 movant is unsuccessful at the district court level, he or she has several post-judgment options available. Rule 59 and Rule 60: Post-Judgment Proceedings ![]()
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