Why Is a Motion to Vacate Judgment Handed Out?


Quick Answer

A motion to vacate judgement is handed out when a mistake is made during a prior court hearing or decision, or when newly discovered evidence is obtained, US Legal says. In some cases, a motion to vacate judgement results in a new trial.

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Full Answer

A legal jurisdiction's rules of civil procedure govern how long someone has to ask a court to vacate the judgement, and those time frames vary by court, Credit Info Center explains. Some reasons to file such a motion include a claimant's failure to serve the defendant with the summons and complaint, or the issuance of a judgment without a court hearing.

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