Reviews and ratings of local lawyers.
Post a review of your attorney.
Learn when to hire and how to choose the right attorney.
Browse articles and Q&A on different legal topics.
For $39 talk directly to a top-reviewed lawyer on the phone using Avvo Advisor. Get your questions answered in a 15-minute call. Advisor is also available as a mobile app.
Post a question and get free legal advice from attorneys.
See what others are asking about in the free Q&A forum.
Let the attorney and others know that this information was useful.
Let us know when your receive great advice so we can thank our lawyers and point others with similar questions in the right direction.
After trial and before final Judgment, can a second Rule 60 (b) Motion be filed? The subject is the same but the circumstance has changed.
+ Read More
Probably not. Rule 60 motions are designed to deal with relief from an order or judgment. If no judgment has been ordered there is nothing to ask for relief from. Perhaps more facts, will help us with your inquiry.
The Judgement is final for Equitable Distribution however, Alimony is pending. So, the question relates to a second Rule 60 for the ED Judgment?
Typically, you get one bite at the apple, so to speak. If you filed a motion on certain grounds in 60(b) and it was denied, another motion to other grounds very likely to fail as most courts will look at it as a stall tactic (doesn't mean it is...just that it looks that way). After a judgment is entered and a rule 60 motion is denied, the only avenue is to appeal
What about filing a Rule 60 (b) using a different number. For instance a Rule 60 (b)(3) and then a Rule 60 (b)(6) as a second Motion?
That is exactly what I was referring to. Judges want to avoid people filing multiple motions. Typically when you file, you state all your grounds at one time...you usually only get one bite at the apple.
Post a free question on our public forum.
- or -
Search for lawyers by reviews and ratings.