Plaut v. Spendthrift Farm, Inc., 514 U.S. 211, 47 (1995)

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Cite as: 514 U. S. 211 (1995)

Stevens, J., dissenting

single word in its text suggests that it does not apply to judgments entered prior to its effective date. On the contrary, the purpose of the Rule, its plain language, and the traditional construction of remedial measures all support construing it to apply to past as well as future judgments. Indeed, because the Rule explicitly abolished the common-law writs it replaced, an unintended gap in the law would have resulted if it did not apply retroactively.9

misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided in Title 28, U. S. C. § 1655, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action."

This Court adopted the Federal Rules of Civil Procedure and submitted them to Congress as the Rules Enabling Act required. They became effective after Congress adjourned without altering them. See generally 308 U. S. 647 (letter of transmittal to Congress, Jan. 3, 1938).

9 In its criticism of this analysis of Rule 60(b), the majority overstates our holdings on retroactivity in Landgraf, 511 U. S., at 280, and Rivers v. Roadway Express, Inc., 511 U. S. 298 (1994). Our opinion in Landgraf nowhere says "that statutes do not apply retroactively unless Congress expressly states that they do." Ante, at 237. To the contrary, it says that, "[w]hen . . . the statute contains no such express command, the court must determine whether the new statute would have retroactive effect," an inquiry that requires "clear congressional intent favoring such a result." Landgraf, 511 U. S., at 280 (emphasis added); see also id., at 273- 275; Rivers, 511 U. S., at 304-309. In the case of Rule 60(b), the factors I have identified, taken together, support a finding of clear congressional

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