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For MyraB or anyone else if not available... I intend soon to file a motion to vacate judgment with the district court pursuant to Rule 60(d)(3); the grounds will be judicial misconduct, and more specifically bias. This case I seek to vacate is a CIVIL CASE. I wrote up the motion pro se and most of the elements which would denote bias are right there in the transcript and which of course I reference and explain about in my writeup. However there was also an out-of-court circumstance which I argue validates the bias. It was a matter which my lawyer had shared with us prior the hearing. My lawyer suggested that the judge might have a vendetta against him for an incident which had happened the week prior involving a relative of the judge's. Anyway so I was wondering what the chances might be that the Court, before passing a judgment, would choose to have a "hearing" in regards XXXXX XXXXX I was wondering also if in my motion I would need to request specifically a hearing in order to have an opportunity for one, or should I just write "motion to vacate judgment on grounds of..." and just leave it at that and if the Court decides a hearing is required they just send word back that there will be a hearing. My understanding in regards XXXXX XXXXX is that the judge who issued the order would be the judge who would preside over the hearing (were there to be a hearing), however in this instance the judge has since retired and so another judge would preside in his place. However one would have to imagine that the judge who is under scrutiny would seek to be at the hearing in order to defend himself against the accusations of bias, isn't that correct? Also I of course would need to serve papers on the plaintiff. Should I expect the plaintiff to be at this hearing too? If there does end up being a hearing I will no doubt get a lawyer.
Hi. Thank you again for your excellent response. Again, this was a civil case inside of which there was arguable fraud upon the court. In my motion I argue for fraud upon the court perpetrated not only by the judge, but by my lawyer (who decided to not present a case at all on my behalf). Anyway so the plaintiff in the case is not the issue here, even though I do intend to serve the plaintiff with papers. My argument is against the judge and my lawyer by way of Rule 60(d)(3) for setting aside of judgment for fraud on the court. Would I need to serve papers on the judge and my former lawyer, seeing how they are the ones under scrutiny here and even though they were not the plaintiffs in the original case ?