Kemp v. United States

The Supreme Court decided that Rule 60(b)(1)'s reference to a "mistake" includes a district judge's legal error. But Kemp's request to reopen his judgment was too late because it came after the rule's one-year deadline.

Justice Thomas wrote the 8–1 opinion, joined by Chief Justice Roberts and Justices Breyer, Alito, Kagan, Kavanaugh, and Barrett; Justice Sotomayor concurred; Justice Gorsuch dissented.

The Court decided that Rule 60(b)(1) covers a district court's legal errors, but Kemp's request was untimely under the one-year limit.

Majority

Thomas

Roberts

Breyer

Alito

Sotomayor

Kagan

Kavanaugh

Barrett

Dissent

Gorsuch

People seeking to reopen a federal judgment because a judge made a legal error may use Rule 60(b)(1). For example, a federal litigant must file that kind of request within one year.

The Supreme Court has finished this docket action. Kemp could not obtain relief under Rule 60(b)(1) because his request was filed too late.

The Court said Rule 60(b)(1) covers a district judge's legal error. Kemp still lost because his request came after one year.

Federal litigants seeking to reopen a final judgment based on a judge's legal error are affected. They must make that request within one year.

The Supreme Court's action is complete. Kemp's request to reopen the judgment remains untimely under the one-year deadline.