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Federal Rules of Civil Procedure (FRCP) QUESTION #3692
Question 1
A plaintiff sues a defendant for patent infringement in federal court. The jury returns a verdict for the plaintiff. After the trial, the defendant discovers evidence that the plaintiff's key witness committed perjury. The defendant wants the verdict set aside. What is the most appropriate motion?
  • Renewed JMOL under Rule 50(b).
  • Motion for a New Trial under Rule 59.
  • Motion for Relief from Judgment under Rule 60(b)(3).✔️
  • Motion for Summary Judgment under Rule 56.
Correct Answer Explanation
Rule 60(b)(3) allows a court to relieve a party from a final judgment, order, or proceeding for fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party.