What does motion to vacate mean?
Answer A motion filed with the court seeking to set aside a previously rendered decision or judgment entry. It seeks to undo something that was already ruled on in a court case.
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An order to vacate a place means you must leave. To vacate a decision means it is cancelled. The meaning of the word vacate is to leave.
It means that there's no one there at the moment. Can someone be sued twice for the same judgment?
Answer \n. \nA motion filed with the court seeking to set aside a previously rendered decision or judgment entry. It seeks to undo something that was already ruled on in a c…ourt case.
A motion to vacate a judgment asks the court to essentially set aside the judgment. It is different from an appeal, in that an appeal asserts that the trial court either appli…ed the wrong law or applied the correct law incorrectly. A motion to vacate a judgment can be based upon a number of grounds. However, it is never based upon mere unhappiness with the outcome of the case. One of the primary bases for such a motion is that service of process was not lawfully achieved, and therefore, the court rendering the judgment never had personal jurisdiction over the defendant to render the judgment (but there are others). A court must have both personal and subject matter jurisdiction to render a judgment. Personal jurisdiction is achieved by lawful service of the summons and complaint, and subject matter jurisdiction contemplates that the lawsuit was filed in the proper court. A motion to vacate is a written request to the court to set aside the judgment for a valid reason. The original of the judgment gets filed with the Clerk of the court that rendered the judgment, and a copy gets mailed or delivered to either the Plaintiff (if not represented) or his/her attorney. The motion must set forth that a copy was provided to the other party/attorney. Typically, the movant then contacts the court for a hearing date on which the merits of the motion are argued, and either the court of the movant ensures that all parties get written notice of the date and time of the hearing. The movant has the burden of proving the correctness of facts set forth in the motion and his/her entitlement to have the judgment vacated. There is usually a presumption of correctness of the judgment (that is, that it was entered properly), so proof is more than "he said/she said". Further, the party seeking to have the judgment vacated must proceed diligently/quickly. At least if the motion is based upon reasons other than lack of personal jurisdiction (which renders the judgment void), the longer that one waits to request the relief, the less likely he/she is to get it.
A motion to vacate dismissal is a request made to the court to "re-open" a case. There is an order of dismissal if a party failed to appear for a hearing, if it is determined …by the court that a party has not stated a claim upon which relief may be granted or any number of other reasons. The party that the order of dismissal is against, will file this motion indicating justifiable reasons for which dismissal would be unjust to the moving party.
Vacation means to take a break and go on air plane, train, or car to a location. Very simple. A period of time allotted to take a break from school or work.
Any time AFTER the ruling, or the sentence, has been pronounced.
A judicial hearing in which the judge is presented evidence and facts to rule on a request that a previous decision, or sentence, or ruling, be 'vacated' (i.e.- rendered null …and void).
A motion to vacate - is a motion to set aside or nullify whatever has happened previously (e.g.: a court ruling or action). The judge will consider the motion and render a rul…ing, or opinion. If it is granted the status will return to whatever state it was immediately before the action in question took place.
well a motion lets the judge know whats happening and if its good enough to trial against or sew.
Unless the judgment is worded to specifically exclude certain privisions and/or specifically include certain others, just a general motion to vacate refers to the ENTIRE… judgment.
It depends on your state. And may even depend on your local community. If this is federal court it could vary depending on the district. If you know what state or district yo…u're filing the document in, try Googling "motion to vacate" + "Illinois" + "state" for example.
If you were sued and lost because you did not appear in court, you can file a Notice of Motion to Vacate Judgment . By filing this motion, you are asking the court to cance…l the judgment entered against you and to give you a new trial.. \n
In Property Law
In New Jersey, a Foreclosure Sale does not necessarily mean the end of a homeowner's battle with their Lender / Loan Servicer. Besides a homeowners ten day redemption period. …And some rights to file a bankruptcy during this period. (This is another topic of discussion, since the relief one can get post sale with a bankruptcy is somewhat limited.) There is also the potential to file a motion with the Chancery Division in the County your property sits, this motion is called a motion to vacate the sheriff's sale or sheriff's auction. It is important that this type of motion gets filed as quickly as possible. One must have a good reason for asking that their sale be vacated. One common reason is an sale that occurred while the homeowner was still negotiating a short sale or a loan modification with their lender and or loan servicer. This type of lender behavior might be deemed unscrupulous and therefore be the basis for vacating the sale.
Motion to vacate sale means cancelling the order that confirms thesale of the foreclosed property. The word "vacate" means cancel inthis case.
It helps to break it down. Divorce we can take as understood. Dismissal of divorce is a decision in which divorce proceedings are "dismissed", that is, stopped. A motion to… vacate is a request to nullify (make void, set aside) a previous judgement. So, all in all, it comes out to: There were divorce proceedings. One of the parties filed to have them dismissed so there would be no divorce. The judge did so. Now someone (possibly the other party, possibly the first party changed their mind) is seeking to have that judgment vacated so the divorce proceedings can continue.
In Criminal Law
In the US, although usually always advisable, you are never REQUIRED to have an attorney represent you in court. That being said, if you have been represented by an attorne…y up to this point, if YOU - personally - wish to file the notice to vacate, there are certain actions that you must take to legally notify the court that you are discharging your attorney from representing you.