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After trial and before final Judgment, can a second Rule 60 (b) Motion be filed?

Charlotte, NC |

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.

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Attorney answers 1

Posted

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.

Asker

Posted

The Judgement is final for Equitable Distribution however, Alimony is pending. So, the question relates to a second Rule 60 for the ED Judgment?

Kenneth Love Jr.

Kenneth Love Jr.

Posted

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

Asker

Posted

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?

Kenneth Love Jr.

Kenneth Love Jr.

Posted

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.

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