247 Local Media247 Local Media

    Subscribe to Updates

    Get the latest creative news from FooBar about art, design and business.

    What's Hot

    Few Common Issues That Occur While Transporting a Car

    February 3, 2023

    An Overview of Online Casinos vs Traditional Casinos

    December 8, 2022

    Types of Specialists for Erectile Dysfunction

    October 31, 2022
    Facebook Twitter Instagram
    • Home
    Facebook Twitter Instagram
    247 Local Media247 Local Media
    Subscribe
    • Home
    • Automotive
    • Business
    • CBD
    • Crypto
    • Education
    • Entertainment
    • Fashion
    • Finance
    • Health
    • Home Improvement
    • Law \ Legal
    • News
    • Shopping
    • Sports
    • Technology
    • Travel
    • Contact US
    247 Local Media247 Local Media
    Home»Law \ Legal»Court opts for plain meaning in dispute over procedural rules for relief from erroneous judgments
    Law \ Legal

    Court opts for plain meaning in dispute over procedural rules for relief from erroneous judgments

    By June 13, 2022No Comments2 Mins Read
    Facebook Twitter Pinterest LinkedIn Tumblr Email
    Court opts for plain meaning in dispute over procedural rules for relief from erroneous judgments
    Share
    Facebook Twitter LinkedIn Pinterest Email
    Court opts for plain meaning in dispute over procedural rules for relief from erroneous judgments

    [ad_1]

    SCOTUS NEWS


    By Ronald Mann

    on Jun 13, 2022
    at 1:54 pm

    The Supreme Court on Monday clarified the meaning of “mistake” in the federal procedural rule that allows litigants to seek relief from erroneous final judgments. In an 8-1 opinion in Kemp v. United States, the court ruled that “all mistakes of law made by a judge” constitute “mistakes” under Federal Rule of Civil Procedure 60(b)(1).  

    The case involved the various subsections of Rule 60(b), which establishes different deadlines for motions designed to correct various errors that courts might make. The error in this case was a judge’s miscalculation of a filing date in Dexter Earl Kemp’s effort to overturn a drug and firearms conviction. Kemp sought relief from that miscalculation under Rule 60(b), but it was not clear whether his motion should be analyzed under 60(b)(1) or 60(b)(6). Rule 60(b)(1) (which has a one-year deadline — a deadline that Kemp missed) applies to any “mistake.” Rule 60(b)(6) (which has no firm deadline) is available for a catch-all category of “any other reason.”

    Kemp argued that the history and structure of the provision shows that “mistake” is a term of art that includes only factual errors made by a party rather than by a judge. In an opinion by Justice Clarence Thomas, the court rejected that reading.

    “[N]othing in the text, structure, or history of Rule 60(b) persuades us to narrowly interpret the otherwise broad term ‘mistake’ to exclude judicial errors of law,” Thomas wrote.

    Justice Neil Gorsuch dissented.

    Check back soon for in-depth analysis of the opinion.

    Posted in Featured, Merits Cases

    Recommended Citation:
    Ronald Mann,
    Court opts for plain meaning in dispute over procedural rules for relief from erroneous judgments,
    SCOTUSblog (Jun. 13, 2022, 1:54 PM),
    https://www.scotusblog.com/2022/06/court-opts-for-plain-meaning-in-dispute-over-procedural-rules-for-relief-from-erroneous-judgments/

    [ad_2]

    Source link

    Share. Facebook Twitter Pinterest LinkedIn Tumblr Email

    Related Posts

    The October term 2022 preview

    September 26, 2022

    The morning read for Monday, Sept. 26

    September 26, 2022

    In Maryland prison-assault case, a request to clarify an important procedural question

    September 23, 2022
    Add A Comment

    Comments are closed.

    Editors Picks
    Recent Posts
    • Few Common Issues That Occur While Transporting a Car
    • An Overview of Online Casinos vs Traditional Casinos
    • Types of Specialists for Erectile Dysfunction
    • When students’ basic needs are met by community schools, learning can flourish
    • Walmart and Target Are Hiring 140,000 Seasonal Workers
    Archives
    • February 2023
    • December 2022
    • October 2022
    • September 2022
    • August 2022
    • July 2022
    • June 2022
    • September 2021
    Facebook Twitter Instagram Pinterest Vimeo YouTube
    • Home
    © 2022 - 247 Local Media- All Rights Reserved.

    Type above and press Enter to search. Press Esc to cancel.