When may a party be relieved from a final judgment or order?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

A party may be relieved from a final judgment or order based on specific grounds established in the law, and one of the most recognized grounds is the existence of newly discovered evidence or fraud. These two factors can significantly impact the fairness and integrity of the judicial process.

If a party discovers new evidence that could not have been found with reasonable diligence before the trial, this evidence must be material and likely to change the outcome of the case for the court to consider it sufficient to reopen the judgment. Similarly, if there is evidence of fraud or misconduct that affected the judgment, the court can take action to rectify the situation.

The other options do not provide valid grounds for relief from a final judgment. A judge does not have the discretion to relieve a party from a judgment simply because it is unpopular; personal feelings about a decision do not warrant legal reconsideration. Additionally, the existence of an appeal does not automatically grant relief; rather, it indicates that the case is already under judicial review and specific procedures must be followed for relief during that process. Thus, the correct basis for relief directly addresses the integrity of the judgment through newly discovered evidence or fraudulent actions.

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