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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102350
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need to file a rule 59 or 60, my final judgement was ter

Customer Question

I need to file a rule 59 or 60, my final judgement was terrible
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation. What are you asking here exactly? Example:
"Where can I find a sample copy for such a pleading?"
"Where can I find low cost / pro bono help?"
"What would such a pleading be called?"
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
I have wording in final order that says I was not credible several different times, I am wondering if a rule 59 or 60 is appropriate and if that is what I need. I am okay with monetary situation, and poor child access-what can I do? I am HIV and I have just found out I am resistant to a class of medications that affect one medication, however it is affecting another medication that I take for HIV. The doctor says I will have to take a different medications. I was unsure whether to work mentally due to my health, however my heart want to work. Is a rule 59 appropriate in this situation. I started to work? Also, I need a lawyer as my attorney was upset that I was testifying not credible. I was confused?
Expert:  Ely replied 2 years ago.
How long ago was the written judgment rendered, please?
Customer: replied 2 years ago.
where can I find help to go to appeals process? How can I find a lawyer?
Customer: replied 2 years ago.
yesterday, I think a rule 59 or 60 is time limited
Expert:  Ely replied 2 years ago.
Thank you.
A Rule 59(e) motion may be granted “to correct manifest errors of law or to present newly discovered evidence.” Phelps v. Hamilton, 122 F.3d 1309, 1324 (10th Cir.1997) (internal quotation marks omitted); Miller v. Kansas Highway Patrol, 383 Fed. Appx. 813, 815 (10th Cir. 2010).
Fed. R. Civ. P. 60(b) provides that on motion and just terms, the court may relieve a party ... from a final judgment” where there is “newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).” FED. R. CIV. P. 60(b)(2). You must be able to show that (1) the evidence was newly discovered since the trial; (2) the moving party was diligent in discovering the new evidence; (3) the newly discovered evidence [was] not merely cumulative or impeaching; (4) the newly discovered evidence is material; and (5) that a new trial with the newly discovered evidence would probably produce a different result.” Dronsejko v. F.3d 658, 670 (10th Cir. 2011) (citing Zurich N. Am. v. Matrix Serv., Inc., 426 F.3d 1281, 1290 (10th Cir. 2005) (internal quotation marks and citation omitted)).
So if there is new evidence, Rule 60 is best. If there is no new evidence, perhaps Rule 59.
If finances are limited and you are looking for an attorney, I can recommend three resources. First, here is a list of all pro bono work in the state...
…and another list:
Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:
Good luck.
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