Bruce A. Quarles v. Joseph Terra, Superintendent, State Correctional Institution at Phoenix, et al.
DueProcess HabeasCorpus
Is an imposition of a diligence requirement upon a timely filed Federal Rules of Civil Procedure 60(d)(1) motion a violation of the rule?
QUESTIONS PRESENTED : A. IS AN IMPOSITION OF A DILIGENCE REQUIREMENT UPON A TIMELY FILED FEDERAL > ; RULES OF CIVIL PROCEDURE 60(d)(1) MOTION A VIOLATION OF THE RULE? , ; Suggested Answer: Yes 7 oo Be DOES AN EX POST FACTO IMPOSITION OF A DILIGENCE REQUIREMENT UPON A TIMELY FILED RULE 60(d@)(1) MOTION AND DENYING THE MOTION BECAUSE IT COULD HAVE. : : . BEEN FILED SOONER WITHOUT PROVIDING PETITIONERS WITH AN OPPORTUNITY TO PRESENT AN EXPLANATION FOR.WHY THE MOTION WAS NOT FILED SOONER VIOLATE THE DUE PROCESS : : CLAUSE OF THE CONSTITUTION? — : . Suggested Answer: Yes ©