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Can you send me a copy of a motion to impeach based on civil…

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Can you send me a copy of a motion to impeach based on civil rule 59 citing new evidence stating that both attorneys on the plaintiffs side and the defenses side committed perjury and that res juda cota does not protect their statements in a new trial
Submitted: 1 month ago.Category: Legal
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Customer reply replied 1 month ago
if I need both of them send me a copy of how to use them both
Answered in 45 minutes by:
3/19/2018
Lawyer: Attorney Wendy, Lawyer replied 1 month ago
Attorney Wendy
Category: Legal
Satisfied Customers: 523
Experience: Member at Keefer & Keefer LLC
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Below is the actual Rule 59 - note that there are strict timelines; so I have also included Rule 60 which also allows for you to ask for relief for new evidence, but does not have the same strict time deadlines. There is no set form; you would need to include the case caption (the name, docket number, county) on top and then title the document something like, "Motion for Relief Pursuant to Rules 59 and 60," and then you would describe what the new evidence is, that you did not learn of it until a date after the court's decision, and that justice requires relief from the judgment and the opportunity to present the new evidence.

RULE 59. New Trials
(A) Grounds.
A new trial may be granted to all or any of the parties and on all or part

of the issues upon any of the following grounds:

(1) Irregularity in the proceedings of the court, jury, magistrate, or prevailing party, or any order of the court or magistrate, or abuse of discretion, by which an aggrieved party was prevented from having a fair trial;

  1. (2) Misconduct of the jury or prevailing party;

  2. (3) Accident or surprise which ordinary prudence could not have guarded against;

  3. (4) Excessive or inadequate damages, appearing to have been given under the

influence of passion or prejudice;

(5) Error in the amount of recovery, whether too large or too small, when the action is upon a contract or for the injury or detention of property;

(6) The judgment is not sustained by the weight of the evidence; however, only one new trial may be granted on the weight of the evidence in the same case;

  1. (7) The judgment is contrary to law;

  2. (8) Newly discovered evidence, material for the party applying, which with

reasonable diligence he could not have discovered and produced at trial;

(9) Error of law occurring at the trial and brought to the attention of the trial court by the party making the application.

In addition to the above grounds, a new trial may also be granted in the sound discretion of the court for good cause shown.

When a new trial is granted, the court shall specify in writing the grounds upon which such new trial is granted.

On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and enter a new judgment.

(B) Time for motion, responsive arguments, and replies. A motion for a new trial shall be served not later than twenty-eight days after the entry of the judgment. Unless otherwise provided by local rule or by order of the court, arguments in response to the motion shall be served within fourteen days after service of the motion, and a movant’s reply may be served within seven days after service of the response to the motion.

(C) Time for serving affidavits. When a motion for a new trial is based upon affidavits they shall be served with the motion. The opposing party has fourteen days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding twenty-one days either by the court for good cause shown or by the parties by written stipulation. The court may permit supplemental and reply affidavits.

RULE 60. Relief From Judgment or Order

(A) Clerical mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

(B) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(B); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (5) any other reason justifying relief from the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2) and (3) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this subdivision (B) does not affect the finality of a judgment or suspend its operation.

The procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules.

This link shows the basic format for a motion - note this is NOT a rule 59 or 60 motion, may not be the right county, and you are not asking for a continuance but this is the format to use. http://www.sandusky-county.org/juvenile/Pro%20Se%20Litigants/2009_forms/Pro%20Se%20Motion%20to%20continue_10-16-08.pdf

I hope this helps. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Lawyer: Attorney Wendy, Lawyer replied 1 month ago

Res judicata is a legal theory that once a court rules on an issue it has been finally decided and, unless it is appealed, it cannot be raised again in a future case. Your argument would be that due to newly discovered evidence that the prior court decision was based on perjured testimony, this new evidence of perjury necessitates reopening this matter for further court consideration.

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