Which of the following is a listed ground that may support 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 listed ground that may support relief from judgment under NC rules?

Explanation:
Relief from judgment in North Carolina comes from Rule 60(b), which allows a final judgment to be set aside for several listed reasons and a catch-all reason. The pathway most commonly tested is that a party may obtain relief for mistakes or missteps in the process—such as mistake, inadvertence, surprise, or excusable neglect—and for fraud or other misconduct by the opposing party, along with a broad “any other just reasons” catch-all. That combination covers both the specific, enumerated grounds and the flexible ground that allows relief for other justifiable situations. Newly discovered evidence is itself a separate ground under Rule 60(b) (not “only”), so saying it’s the sole basis is too narrow. Disagreement with the court’s interpretation isn’t a proper ground for relief from judgment, and failure to attach proof of service isn’t a listed basis for relief.

Relief from judgment in North Carolina comes from Rule 60(b), which allows a final judgment to be set aside for several listed reasons and a catch-all reason. The pathway most commonly tested is that a party may obtain relief for mistakes or missteps in the process—such as mistake, inadvertence, surprise, or excusable neglect—and for fraud or other misconduct by the opposing party, along with a broad “any other just reasons” catch-all. That combination covers both the specific, enumerated grounds and the flexible ground that allows relief for other justifiable situations.

Newly discovered evidence is itself a separate ground under Rule 60(b) (not “only”), so saying it’s the sole basis is too narrow. Disagreement with the court’s interpretation isn’t a proper ground for relief from judgment, and failure to attach proof of service isn’t a listed basis for relief.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy