Stevens v. Miller

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that this is a “threshold issue” because “the two provisions are subject to different filing limitations” under Rule 60(c)
• stating that Rule 60(b)(1) and Rule 60(b)(6), in particular, must be mutually exclusive
• noting that “courts require the party seeking to avail itself of [Rule 60(b)(6
• “Recognizing Rule 60(b)(6)'s potentially sweeping reach, courts require the party seeking to avail itself of the Rule to demonstrate that ‘extraordinary circumstances’ warrant relief. Of particular concern is that parties may attempt to use Rule 60(b)(6
• “In no circumstances ... may a party use a Rule 60(b) motion as a substitute for an appeal it failed to take in a timely fashion.”
• “The decision whether to grant a party’s Rule 60(b) motion is committed to the ‘sound discretion’ of the district court[.]”

Source: CourtListener parenthetical corpus (CC0).