Can Rule 60 Motion Include New Evidence in NC?

Question from J, Can Rule 60 Motion Include New Evidence in NC?

Answer from AI:

In North Carolina, a Rule 60 motion is a legal tool used to request relief from a final judgment, order, or proceeding. This rule is part of the North Carolina Rules of Civil Procedure and is similar to the federal Rule 60. It allows a party to seek relief for various reasons, such as mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, or any other reason justifying relief.

Understanding Rule 60 Motions

Rule 60 motions are generally used to address issues that existed at the time of the original judgment or order. However, they can sometimes be used to introduce new evidence that was not available at the time of the original hearing. Here’s a breakdown of how this might apply:

• Newly Discovered Evidence: Rule 60(b)(2) allows for relief based on newly discovered evidence that could not have been discovered in time to move for a new trial under Rule 59(b). This typically refers to evidence that existed at the time of the original hearing but was not discovered until later.
• Changes in Circumstances: If the evidence you wish to present involves changes that occurred after the original hearing, it may not qualify under Rule 60(b)(2) as “newly discovered evidence.” Instead, you might need to file a motion to modify the existing order based on a change in circumstances.

Steps to Consider

If you believe that the situation with your visitation rights has changed significantly, you might consider the following steps:

1. Consult with a Legal Professional: Given the complexity of family law and the specific circumstances of your case, it is crucial to seek advice from a family law attorney. They can provide guidance on whether a Rule 60 motion or another legal action is appropriate.
2. Gather Evidence: Collect any documentation or evidence that supports your claim, such as communication records with your ex-partner, financial statements showing your inability to afford a therapist, and any other relevant information.
3. File a Motion to Modify: If the circumstances have changed since the original order, you may need to file a motion to modify the custody or visitation order. This is typically done when there is a significant change in circumstances that affects the best interests of the child.
4. Prepare for Court: Be ready to present your case in court, including any new evidence or changes in circumstances that support your request for modification.

Legal Resources and Further Reading

For more information on Rule 60 and family law in North Carolina, you can refer to the following resources:

– [North Carolina Rules of Civil Procedure](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_1A.html)
– [North Carolina Judicial Branch – Family Court](https://www.nccourts.gov/courts/family-court)

Remember, while this information provides a general overview, it is not a substitute for personalized legal advice. Consulting with a qualified attorney is essential to navigate the complexities of your specific situation effectively.