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A: Rule 60 of the Rules of Civil Procedure authorizes a section 2255 movant to ask the court for relief from a judgment. Rule 60 differs from Rule 59 in that Rule 60 may be used after the 28 day timeframe for filing a Rule 59(e) motion has run.

This motion requires the law be on the moving party's side —thus the “entitled to judgment as a matter of law” part, showing that the facts, applied to the law, support a finding in favor of the moving party. Filing for summary judgment can also be used a tactical decision by a Massachusetts personal injury attorney.

The motion for a new trial can be made if it appears there was some sort of judicial error or bias in the first trial. If there are any grounds for another trial because of a miscarriage of justice, the court can overturn the conviction and order a new trial.

On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

Rule 59 of the Federal Rules of Criminal Procedure allows a court to order a new trial on its own initiative within 28 days after entry of judgment. This rule gives the court authority to grant a new trial for any reason that would justify granting one on a party's motion.

Under Rule 34, the party seeking discovery need merely serve a request upon his opponent. Only if the opponent objects to the request must the discovering party obtain a court order.

Under Rule 5(b), service may be made by mailing the paper to the party or attorney at his last known address; if no address is known, the paper may be left with the clerk of court. Prior Massachusetts practice made no provision in cases where the address was unknown. Notice must be written.

If a party does not think it will be able to obtain service within the 90 day period, a timely motion can be made for "cause shown" for an enlargement of time pursuant to Mass.

Federal Rule of Civil Procedure 3 is succinct and fundamental, stating: ?A civil action is commenced by filing a complaint with the court.? This rule sets forth the basic procedural step required to initiate a civil lawsuit in the federal courts of the United States.