1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8
UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, )
NOTICE OF MOTION AND MOTION TO ALTER
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OR AMEND JUDGMENT; MEMORANDUM OF
13 vs. )
POINTS AND AUTHORITIES; DECLARATION
)
OF_______; EXHIBITS
14 Any Defendant, and DOES 1-5 )
)
Defendants. ) DATE:
15
) TIME:
) PLACE
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)
)
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)
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 1 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
2 above-entitled Court located at ___________________________, LIST HERE WHETHER
3
PLAINTIFF OR DEFENDANT will move this Court for an order altering or amending the
4
judgment entered on DATE OF JUDGMENT on the grounds that LIST HERE ALL SPECIFIC
5

6
GROUNDS THAT YOU ARE CONTENDING SUPPORT YOUR REQUEST SUCH AS THE

7 JUDGMENT IS BASED ON A CLEAR ERROR OR IS MANIFESTLY UNJUST, NEWLY

8 DISCOVERED EVIDENCE, THERE HAS BEEN AN INTERVENING CHANGE IN THE

9
CONTROLLING LAW, , ETC. and said grounds have resulted in a miscarriage of justice if this
10
motion is not granted as more fully set forth in the declaration of ________ and exhibits attached
11
thereto, filed and served concurrently herewith and incorporated herein by reference.
12

13 This motion is made pursuant to Federal Rule of Civil Procedure 59(e) (Rule 59) and

14 shall be based upon this notice, the attached memorandum of points and authorities, the declaration
15
of _________ and exhibits attached thereto, the complete files and records of this action, and such
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other and further oral and documentary evidence as may be presented at the hearing on this motion.
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19 Dated_________________________ _______________________________________
ANY ATTORNEY OR PARTY
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Note that you MUST file and serve this motion to alter or amend
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22 judgment along with all supporting affidavits or declarations within 28

23
calendar days after the date the judgment was entered pursuant to
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25 FRCP 59(e) which states that,(b) Time to File a Motion for a New
26
Trial. A motion to alter or amend a judgment must be filed no later
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28 than 28 days after the entry of judgment.

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 1 However in certain cases the judgment may not be entered right
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away as a final judgment requiring a separate document under FRCP
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58(a) is entered when the judgment is both entered in the civil docket
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6 under FRCP 79(a) and either (a) it is set forth on a separate document
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or (b) 150 days have run from entry of the judgment in the civil docket,
8

9 whichever occurs first. See FRCP 58(c)(2).

10

11
This time period cannot be extended by any court or any
12
stipulation.
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17 or-amend-judgment-under-rule-59e-in-united-states-district-court
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