Sample opposition to a Rule 60(d)(3) motion to vacate a judgment in United States District Court

Sample opposition to a Rule 60(d)(3) motion to vacate a judgment in United States District Court. This sample opposition to a Rule 60(d)(3) motion to vacate a judgment in United States District Court is filed on the grounds that the moving party has failed to meet their burden in that they have: (1)  Failed to show fraud on the court by clear and convincing evidence; (2) The alleged fraud was already known or could have been easily discovered at the time of settlement or entry of judgment; (3) Failed to meet their burden of showing the five elements necessary for fraud on the court which are:  (a)   onduct by an officer of the court; (b) That is directed towards the judicial machinery itself; (c)  That is intentionally false, wilfully blind to the truth or is in reckless disregard for the truth; (d) That is a positive averment or concealment when one is under a duty to disclose,  and  (e)  That deceives the court. The sample has been revised and updated in 2019, is 14 pages and inclu