Can a rule 60(b)(1) motion help add missing evidence before an appeal after a lost summary judgment?

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Welcome to our service. My name is Bruce, and I have been practicing law for over forty years. Thank you for the opportunity to assist you today. As we chat, my replies may take a little extra time while I research, type, or assist another customer. I understand you're seeking information about material facts. A material fact is a fact that could affect the outcome of a legal case under the applicable law. If the fact were decided one way rather than another, it could change who wins or loses on a claim, defense, or issue. A commonly cited definition is: a material fact is a fact that is significant or essential to the resolution of a legal claim because it has the potential to affect the outcome of the case.

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A "Rule 60(b)(1)" motion (e.g., Federal Rule of Civil Procedure 60(b)(1) or a state equivalent) allows a party to ask a court to set aside a final judgment, order, or default. It covers "mistake, inadvertence, surprise, or excusable neglect."

Under FRCP 60(b)(1), courts evaluate specific categories of errors: Mistake, the U.S. Supreme Court has explicitly ruled that this includes judicial errors of law (a mistake made by the judge) as well as mistakes made by the parties; Excusable Neglect, which applies when a party misses a deadline or a court appearance due to an understandable reason (e.g., severe illness, an unforeseeable communication breakdown); and Inadvertence or Surprise, meaning unintended oversights or unexpected events that caused a party to default or fail to respond appropriately. It's also worth noting that under FRCP 60(c)(1), a motion under 60(b)(1) must be made within a reasonable time, and no more than a year after the entry of the judgment or order, so timing matters when deciding whether this route is available to add missing evidence to the record before an appeal.

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