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Bill of Review

In the practice of EQUITY courts, a paper filed with a court after expiration of the time for filing a petition for a rehearing in order to request, due to exceptional circumstances, the correction or reversal of a final judgment or decree.

The use of a bill of review is limited to three situations: (1) the correction of a judgment that has incorporated errors found in the record of the case; (2) the reversal of a judgment because of recent discovery of evidence that is decisive on the issues of the case but that could not have been found in time for the trial; and (3) the setting aside of a judgment based upon proceedings that were tainted by FRAUD, such as perjured testimony.

In states where courts of equity and law have merged, a bill of review has been replaced by a motion for relief from a judgment or decree, governed by state rules of CIVIL PROCEDURE. A motion for relief from a judgment or order serves the same function in federal courts as provided by Rule 60 of the Federal Rules of Civil Procedure, which abolished bills of review.

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Law Library - American Law and Legal InformationFree Legal Encyclopedia: Bill of Particulars to William Benson Bryant