Schofield v. Schofield’s Empirical Analysis

Citation profile

15 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), 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.”

   1 later decision quote this exact passage
   e.g. Lacher v. Lacher

2. “any ... reason justifying relief from the operation of the judgment.” Here Dorothy filed a motion to modify the decree but never explicitly denominated it as a 60(b) motion. The trial court, in its order, also failed to base its modification on Rule 60(b). Nevertheless, Dorothy’s motion can, at least implicitly, be considered a 60(b) motion as it provides a”

   1 later decision quote this exact passage
   e.g. Clauson v. Clauson

3. “Those factors [a]re: (1) the fundamental, underlying assumption of the dissolution agreement ha[s] been destroyed; (2) the parties’ property division was poorly thought out; (3) the property division was reached without the benefit of counsel; and (4) the [asset in controversy] was the parties’ principal asset.”

   1 later decision quote this exact passage
   e.g. Clauson v. Clauson