Which of the following is the general time frame for filing a Rule 60(b) motion for grounds (1)-(3), i.e., excusable neglect, newly discovered evidence, or fraud?

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Multiple Choice

Which of the following is the general time frame for filing a Rule 60(b) motion for grounds (1)-(3), i.e., excusable neglect, newly discovered evidence, or fraud?

Explanation:
The time to move under Rule 60(b) for excusable neglect, newly discovered evidence, or fraud is within one year after the judgment is entered. The rule sets a one-year window for these particular grounds, and the clock starts on the date the judgment is entered, not when you learn of the issue or decide to act. So filing immediately or at any point within that year is fine, but waiting beyond one year generally bars relief. That’s why options like “immediately” (not required), “within five years” (too long), or “any time” (too open-ended) aren’t correct for these grounds. For context, other Rule 60(b) grounds have different timing: a void judgment has no time limit, and relief based on other reasons must be sought within a reasonable time.

The time to move under Rule 60(b) for excusable neglect, newly discovered evidence, or fraud is within one year after the judgment is entered. The rule sets a one-year window for these particular grounds, and the clock starts on the date the judgment is entered, not when you learn of the issue or decide to act. So filing immediately or at any point within that year is fine, but waiting beyond one year generally bars relief. That’s why options like “immediately” (not required), “within five years” (too long), or “any time” (too open-ended) aren’t correct for these grounds. For context, other Rule 60(b) grounds have different timing: a void judgment has no time limit, and relief based on other reasons must be sought within a reasonable time.

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