A motion to vacate is a decision by a court to cancel another court decision, states US Legal. In some cases, this results in a new trial either immediately or scheduled on a later date.Continue Reading
Reasons for a judge to issue this kind of order include a mistake made earlier in court or newly discovered evidence, according to US Legal.
If a person is interested in filing a motion to vacate a decision, the first thing to do is look up the rules of civil procedure in the area, according to the Credit Info Center. These are the rules governing how long one has to ask a court to cancel the judgement, and they are different for every court. For example, in Orange County, Calif., an individual has 30 days to file a motion to vacate in small claims court. A motion to vacate must also be filed in the same court where the original decision was made, so the Credit Info Center recommends making sure the individual lives in the same area or makes arrangements to attend court.
Many communities have legal aid offices that offer help if the income requirements are met. For members of the military, the American Bar Association recommends consulting a military aid lawyer or reaching out to its military pro bono program.Learn more about Law