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Tuesday, June 17, 2003

Rule 60

Regarding the post immediately below, Rule 60(b) of the Federal Rules of Civil Procedure basically says that a party seeking relief from a final judgment may have their case reheard for the purposes of overturning it if there was a mistake in the original proceeding, there is newly discovered evidence that could not have been discovered at the time of trial, fraud, a void judgment, or any other reason that would justify relief. Especially worth noting in Rule 60 is the time period in which a motion can be made. As to mistake, discovery of new evidence, and fraud, a Rule 60 motion must be made within 1 year of the final judgment. For all other reasons, a motion must be made within a "reasonable time".

So does Ms. McCorvey have a shot? Again, I hope so. But the pessimist inside of me says probably not.

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