1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8
UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, )
OPPOSITION TO MOTION TO VACATE
)
JUDGMENT UNDER RULE 60(d)(3)
13 vs. )
MEMORANDUM OF POINTS AND
)
AUTHORITIES; DECLARATION OF _________;
14 Any Defendant, and DOES 1-5 )
EXHIBITS
)
Defendants. )
15
) DATE:
) TIME:
16
) PLACE
)
17
)
)
18 )
19

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OPPOSITION TO MOTION TO VACATE JUDGMENT UNDER RULE 60(d)(3)
 1 TO ______________________AND THEIR ATTORNEYS OF RECORD:
2 ____________ (“_________”), hereby submits their opposition to the Motion of
3
_________, (“___________”), to vacate the judgment entered on ____________ pursuant to Federal
4
Rule of Civil Procedure 60(d)(3) on the grounds that the moving party has failed to has failed to meet
5

6
their burden in that they have: (1) Failed to show fraud on the court by clear and convincing

7 evidence; (2) The alleged fraud was already known or could have been easily discovered at the time

8 of settlement or entry of judgment; (3) Failed to meet their burden of showing the five elements
9
necessary for fraud on the court which are: (a) Conduct by an officer of the court; (b) That is
10
directed towards the judicial machinery itself; (c) That is intentionally false, wilfully blind to the truth
11
or is in reckless disregard for the truth; (d) That is a positive averment or concealment when one is
12

13 under a duty to disclose, and (e) That deceives the court as more fully set forth in the Declaration of

14 ____________________ and Exhibits attached thereto, concurrently filed and served herewith.
15
The Opposition shall be based on this Opposition, the attached Memorandum of Points and
16
Authorities, the Declaration of ________________________and Exhibits attached thereto,
17
concurrently filed and served, on the complete files and records of this action, and on such other oral
18

19 and/or documentary evidence as may be presented at the hearing on the Motion.

20

21
Dated________________ ________________________________________________________
22 ANY ATTORNEY OR PARTY

23 Note that this opposition should be served and filed at least seven
24

25 (7) calendar days before the hearing date unless a Local Rule or order
26
of the Court states otherwise. See Federal Rule of Civil Procedure 6(c)
27

28 (2).

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OPPOSITION TO MOTION TO VACATE JUDGMENT UNDER RULE 60(d)(3)
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises out of: Add information here to inform the Court of the circumstances of
5

6
the particular case, such as relationship between parties, etc.

7 The complaint alleges that: Add information here from the actual complaint such as brief

8 description of causes of action, facts alleged, etc.

9
A judgment in favor of ____________ was entered on ______________.
10
Defendants have filed a motion to vacate the judgment on the grounds of fraud on the court
11
pursuant to Federal Rule of Civil Procedure 60(d)(3). The declaration of ________ submitted in
12

13 support of the motion states to vacate alleges fraud on the court although the declaration contains

14 only vague and conclusory allegations and is bereft of any specific facts that would support the
15
granting of the motion.
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17
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OPPOSITION TO MOTION TO VACATE JUDGMENT UNDER RULE 60(d)(3)