Re: Appeal and/or void judgment
- No you dont have to appeal before you motion to have the judgment set
aside under rule 60(b). However, if you have just received your
judgment and you are within the time limits you can put in a motion
for reconsideration with all the same points in it that you would use
in a 60(b) motion. The reason folks use the 60(b) is because there
time limits have expired under the normal reconsideration and appeal
procedures. If the court does not have jurisdiction because it lacks
evidence or testimony then the motion for consideration will work
just as well.
--- In firstname.lastname@example.org, "Benjamin Clemons"
> What's the difference between an appeal and a void judgment? Ifyou've just received a judgment against you would you need to appeal
before you can try to void the judgment?