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Bill of Review |
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In the practice of Equity courts, a paper filed with a court after expiration of the time for filing a petition for a rehearing in order to request, due to exceptional circumstances, the correction or reversal of a final judgment or decree. The use of a bill of review is limited to three situations: (1) the correction of a judgment that has incorporated errors found in the record of the case; (2) the reversal of a judgment because of recent discovery of evidence that is decisive on the issues of the case but that could not have been found in time for the trial; and (3) the setting aside of a judgment based upon proceedings that were tainted by Fraud, such as perjured testimony. In states where courts of equity and law have merged, a bill of review has been replaced by a motion for relief from a judgment or decree, governed by state rules of Civil Procedure. A motion for relief from a judgment or order serves the same function in federal courts as provided by Rule 60 of the Federal Rules of Civil Procedure, which abolished bills of review. How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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