California Northern District Bankruptcy Court and Chambers

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September 29, 2016: Law Court invites amicus briefs on whether it has jurisdiction to hear an appeal from a trial court's denial of a convicted person's motion to modify terms of probation and whether a trial court may deny a motion to modify terms of probation without a hearing. On motion and upon such terms as are just, the court may relieve a party or party�s 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 is void; or, (5) 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 an injunction should have prospective application.

Pages: 250

Publisher: Meliora Law LLC (June 16, 2012)

ISBN: 098383024X

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