Clarence Thomas Questions Attorney on Alternative Ways to Challenge Judgments

Rule 60C1 and Time Limits for Default Judgments

• 📌 The core question is whether Rule 60C1 imposes a time limit to set aside a default judgment.
• 💡 The attorney argues that the plain text requires motions to be filed within a "reasonable time," which by definition excludes unreasonable delays.
• ⚖️ This reasonable time is meant to be considered on a case-by-case basis, not as an automatic win regardless of facts.
• ⚠️ If drafters intended no time limit, they could have placed void judgments under 60D, which has no such restrictions.

Alternative Avenues for Challenging Judgments

• ❓ Justice Thomas inquired if there are ways to challenge a void judgment beyond Rule 60.
• 🏛️ The attorney believes that based on the rule's text and history, Rule 60 is the exclusive method for relief.
• 📜 The advisory committee notes suggest this rule was intended to "close the door" on other common law remedies.
• 🚪 However, the attorney acknowledges that 60D leaves open an "independent action" as a safety valve.
• 🚨 This independent action, as per United States v. Beggarly, is reserved for correcting "gross miscarriages of justice."