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
Before arriving to a court date, look through the court paperwork thoroughly and make a list of possible answers for different requests listed, recommends the California Courts. Look at the hearings that are scheduled, including finding out details about each one. Ask as many questions as needed before the court date.Full Answer >
Filing a motion to compel discovery typically involves drafting a document outlining the problem for the court and requesting relief, selecting a date for the court to hear the motion, delivering the document to the court, and serving a copy of the document to the other party, explains Ohio Legal Services. Each court system has its own set of rules and procedures, so the exact process for filing a motion to compel discovery can differ by system.Full Answer >
To make a motion in court, one must submit a written document that states who the motion is against, who filed it, and make a direct request or challenge, states the Virtual Self-Help Law Center. Motions can be submitted at anytime but only by those named in court papers.Full Answer >
Depending on state law, civil cases allow individuals to schedule hearings by filing a motion, or noticed motion, according to the Superior Court of California. Motions are often urgent, and when using the ex parte motion, the opposing party is quickly given notice of an upcoming hearing.Full Answer >