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William M. Windsor, candidate for U.S. House of Representatives, has introduced state legislation designed to reform the legal and judicial process. These are changes that Windsor says are desperately needed.
The legal systems and judicial systems in Georgia and every state in America must be reformed. Dishonesty and corruption have stolen the rights of every American.
This is Part 5 of a series of articles that will address the proposed legislation for Georgia. This proposed legislation makes simple changes to the statutes on Relief from a Judgment or Order.
Judges and dishonest attorneys use a variety of techniques to break the law. There are a variety of reasons why a party must be given the ability to seek to set aside orders or judgments. This addition to the statutes simply incorporates the rights afforded litigants in federal courts.
The change to the existing Georgia Code statute is an addition of section 9-2-64:
TITLE 9. CIVIL PRACTICE
CHAPTER 11 – CIVIL PRACTICE ACT
ARTICLE 4. DISMISSAL AND RENEWAL
§ 9-2-64. Relief from a Judgment or Order
(a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court’s leave.
(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial;
(3) fraud, misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or
(6) any other reason that justifies relief.
(c) Timing and Effect of the Motion.
(1) Timing. A motion under (b) must be made within a reasonable time—and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.
(2) Effect on Finality. The motion does not affect the judgment’s finality or suspend its operation.
(d) Other Powers to Grant Relief. This rule does not limit a court’s power to:
(1) entertain an independent action to relieve a party from a judgment, order, or proceeding;
(2) grant relief to a defendant who was not personally notified of the action; or
(3) set aside a judgment for fraud on the court.
Notes: This makes the terms of Federal Rules of Civil Procedure Rule 60 part of Georgia Code. Litigants must be afforded the ability to set aside orders and judgments that were improperly issued or when facts or circumstances change.
* Additions to existing statutes are shown in yellow.
Proposed Legislation – Part 10
Proposed Legislation – Part 11
Proposed Legislation – Part 12
Proposed Legislation – Part 13
Proposed Legislation – Part 14
Proposed Legislation – Part 15
Proposed Legislation – Part 16
Proposed Legislation – Part 17
This legislation is authored by William M. Windsor and GRIP — Government Reform & Integrity Platform, a coalition of those fighting government corruption and judicial corruption.
William M. Windsor
I, William M. Windsor, am not an attorney. This website expresses my OPINIONS. The comments of visitors or guest authors to the website are their opinions and do not therefore reflect my opinions. Anyone mentioned by name in any article is welcome to file a response. This website does not provide legal advice. I do not give legal advice. I do not practice law. This website is to expose government corruption, law enforcement corruption, political corruption, and judicial corruption. Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed. Despite my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website. The law is a gray area at best. Please read our Legal Notice and Terms.
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