Full question:
I recently received a letter from the judge on my case. It was a judgment, notice of filing the judgment, and notice of entry provided to the parties. The judgement was only for attorney's fees. However, none of the issues were mentioned in the Judgment. Should I file something regarding these issues in my favor?
- Category: Judgments
- Date:
- State: Arizona
Answer:
The Arizona Rules of Civil Procedure states: On motion and upon such terms as are just the court may relieve a party or a party's legal representative from a final judgment, order or proceeding for the following reasons:
mistake, inadvertence, surprise or excusable neglect;
newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(d);
fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party;
the judgment is void;
the judgment has been satisfied, released or discharged, or a prior judgment on which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
any other reason justifying relief from the operation of the judgment.
The motion shall be filed within a reasonable time, and for reasons (1), (2) and (3) not more than six months after the judgment or order was entered or proceeding was taken. A motion under this subdivision does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order or proceeding, or to grant relief to a defendant served by publication as provided by Rule 59 (j) or to set aside a judgment for fraud upon the court. The procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
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