How Do You Find a Sample Motion to Vacate?

A sample motion to vacate is available from CreditInfoCenter. Visit the website, and click on the Forms link. Then choose Sample Letter 16 to view an example of a motion to vacate a judgment.

A motion to vacate occurs when a party asks the court to withdraw a judgment or order that the court has already entered, explains Parties can file a motion to vacate in a superior court or in a court of limited jurisdiction. A motion to vacate must have its basis in a qualifying reason from Civil Rule 60. Some of the qualifying reasons for which an individual can file this motion include clerical errors in the judgment, order, or elsewhere in the record; if the judgment or order is void; or if one of the parties dies prior to the judgment in the action.

To file a motion to vacate, an individual must first acquire and complete the six necessary forms and collect any necessary documents, reports If possible, the individual should speak with a lawyer. If a person cannot hire a lawyer for his representation, he should still consider having an attorney review his paperwork and provide advice. Next, the individual must obtain the signature of a judge or commissioner as the forms require. The person filing the motion also must make a specified number of copies of certain forms.

After making these copies, the individual must file the correct forms, notes Then the individual must serve the other party involved in the hearing with a copy of the motion packet. The individual must confirm and then attend his hearing. After the hearing, individuals should make personal copies of any documents that the judge or commissioner signed.