Which of the following is a ground for relief from judgment under NC rules?

Prepare for the North Carolina Civil Procedure Test. Use flashcards and multiple-choice questions with hints and explanations. Gear up for your exam!

Multiple Choice

Which of the following is a ground for relief from judgment under NC rules?

Explanation:
Relief from a final judgment in North Carolina comes under Rule 60(b), which sets out several bases for undoing or modifying a judgment. The broad phrasing covers mistakes, inadvertence, surprise, or excusable neglect, as well as fraud or other misconduct by the other party, and also allows a catch-all for other just reasons. This makes the option that lists mistake, inadvertence, excusable neglect, fraud, or other just reasons match the statutory grounds precisely. While newly discovered evidence is also a recognized ground, the rule requires that the evidence be newly discovered and that due diligence could not have brought it to light in time to move for a new trial, so the standalone statement about new evidence isn’t as complete as the broader list. A failure to appear at trial can lead to consequences like a default, but relief from judgment isn’t a separate ground on its own; it would typically be pursued under the excusable neglect or other relatable grounds. Disagreement with the outcome isn’t itself a basis for relief from a judgment.

Relief from a final judgment in North Carolina comes under Rule 60(b), which sets out several bases for undoing or modifying a judgment. The broad phrasing covers mistakes, inadvertence, surprise, or excusable neglect, as well as fraud or other misconduct by the other party, and also allows a catch-all for other just reasons. This makes the option that lists mistake, inadvertence, excusable neglect, fraud, or other just reasons match the statutory grounds precisely.

While newly discovered evidence is also a recognized ground, the rule requires that the evidence be newly discovered and that due diligence could not have brought it to light in time to move for a new trial, so the standalone statement about new evidence isn’t as complete as the broader list. A failure to appear at trial can lead to consequences like a default, but relief from judgment isn’t a separate ground on its own; it would typically be pursued under the excusable neglect or other relatable grounds. Disagreement with the outcome isn’t itself a basis for relief from a judgment.

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