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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Vacate means to do away with. In court a judgment becomes final when the case is over and a judge has signed a piece of paper. The judgment is then effective until it is satisfied (by payment, or by doing whatever the judgment says) or until the judge has a legal reason to set the judgment aside. Fo…r instance if an appeal is filed, and some other judge says the first judge was mistaken, the second judge will vacate (put in suspense) the judgment. The judgment does not then have to be obeyed at that time. A court of appeals can reverse a case and change the judgment, or reverse the case and vacate the judgment (everybody starts over and you retry the case until you get a new judgment) . In the UK there is a phrase known as "set aside judgment". This phrase normally describes a procedure by which judgment has been granted to a Claimant because no Defence has been filed within a prescribed time period. If however, there was good reason for this - such as the Claim was not properly served then the Defendant can apply to "set aside judgment" and if this application is granted the Defendant can enter a Defence. (MORE)
Motion is, quite simply, the continuous change of position of a body over time. It's just that simple. And you got a link to the Wikipedia article on motion.
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 court 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 applied 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. (MORE)
It means that the judgment is no longer in force or effect just as i f it had n ever been entered to begin with.
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 t…hat the order of dismissal is against, will file this motion indicating justifiable reasons for which dismissal would be unjust to the moving party. (MORE)
After counsel objects to an evidence code violation, counsel may ask the court to strike the answer given from the trial transcript.
motion is relative means change iin position of one body with respect to another body
In a divorce case the word vacated can mean either of two things.It can refer to a judge cancelling an order or judgment. It canalso mean to move out of a house.
The definition of motion is the action or process of moving orbeing moved. In physics, motion is related to kinetic energy.
If you are referring to traffic tickets, vacated is the same as dismissed. The charge was dropped, and no conviction was entered.
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.
Previous answer was partially right. The "reverse and remand" or"vacate and remand" are from an appellate court decision based on aprevious courts decision. Remand has nothing to do with "remanding"the person into custody, and the judgment of reverse or vacate canapply to either te sentencing / conv…inction or both, but it is notseperate. ( reverse doesn't just apply to crime and remand apply tosentencing ) When a sentence is vacated, it means the previouscourts decision is void. When it is "reversed" it means theprevious court was wrong, and the opposite decision should havebeen affirmed. However, Once a decision is made, the remedy oractions to correct the wrong judgement must also be re-addressed. (I.E. you get wrongfully convicted of 1st degree murder, but stillcommitted a crime resulting in death) Once the decision that your1st degree murder charge was erroneous is made, your case (Not yourperson) is remanded (or sent back) to the previous court, to eitherretry the case based on the new info from the appellate court, oris remanded to a previous court to correct sentencing based uponthe findings of the appellate court. judgement affirmed means thatnothing needs to change and no errors were made in the previouscourts procedure / decision. (MORE)
Vacating a hearing simply means to not have a hearing, this happens when all the parties come to an agreement.
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).
To "vacate" something in legal terms means to make it null and void it or set it aside.. See: http://definitions.uslegal.com/v/vacate/
It is an order from a judge to do away with a warrant, normally a bench warrant issued for a person who has failed to appear in court or failed to pay a fine. A capias would be vacated if a fine, previously ordered by the court but unpaid, was paid.
Vacate is a term subject to different meanings. In GENERAL terms and in the context of a court order or decision, vacate means "to overrule" or to "make void." If you have a particular question about your case, call the Office of The Clerk of Court and ask them what it means to them.
When a judge "vacates" something he is cancelling it and declaring it null and void. It sounds as if the judge (or someone) set a date for something, and the judge has cancelled that date.
Vacation Bench" means a Bench duly constituted for discharging thefunctions of the Tribunal during the vacation
Vacate is a term subject to different meanings. In the context of a court order or decision, vacate means to overrule or void. (e.g.: A decision may be vacated for error.)
It means to set the order/decision aside. ie to revoke or cancel the order/decision that had been made in the first place.
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 ruling, or opinion. If it is granted the status will return to whatever state it was immediately before the action in question …took place. (MORE)
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 you're filing the document in, try Googling "motion to vacate" + "Illinois" + "state" for example.
There are many but these are the most common 1. The act or process of changing position or place. 2. A meaningful or expressive change in the position of the body or a part of the body; a gesture :)
It means at least one of these things happens: -- the object speeds up -- the object slows down -- the object keeps moving at the same speed, but turns to a different direction
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 cancel the judgment entered against you and to give you a new trial.. \n
In parliamentary procedure, a motion, or suggested resolution is proposed by the mover, one of the people at the meeting. A seconder (another person at the meeting) agrees that the suggestion should be discussed. The chair (the person running the meeting) calls for discussion on the motion. If it ap…pears that the suggestion should be voted on, someone will call for the question. The chair will, once it appears that there is no more discussion, call for those in favour of the motion (those who agree) to signal (usually by raising hands), and then call for those who are opposed (who disagree). If those who agree outnumber those who do not, the chair says "Motion carried", which means that the suggestion in the motion has been adopted by the meeting. For example, at a meeting you could have an exchange like this: Mover: I move we eat lunch at the Chinese restaurant. Seconder: I second that. Chair: Any discussion? Curry Lover: I would prefer the Curry House. Feeble Stomach: Some of us cannot eat spicy food. And you can get curry at the Chinese Restaurant. Chair: Any more discussion? Hungry Man: I'm hungry. Let's have the question. Everyone: Question! Chair: All in favour of eating lunch at the Chinese Restaurant? (everyone except Curry Lover puts up their hands) Down hands. Opposed? (Curry Lover raises his hand) Motion Carried. We eat at the Chinese Restaurant. (MORE)
vaÂ·caÂ·tion â â[vey-key-sh uh n, v uh -] Show IPA . -noun 1. a period of suspension of work, study, or other activity, usually used for rest, recreation, or travel; recess or holiday: Schoolchildren are on vacation now. . 2. a part of the year, regularly set aside, when n…ormal activities of law courts, legislatures, etc., are suspended.. 3. freedom or release from duty, business, or activity.. 4. an act or instance of vacating.. -verb (used without object) 5. to take or have a vacation: to vacation in the Caribbean. . (MORE)
It means that the court has canceled its (some) previous order, and made it void (vacate) that order in order to issue a new order. For instance if the court ordered you to pay 1 dollar a month for support, and later cancels and vacates that order then orders you to pay 2 dollars per month stemming …from that first date (because you lied to the court about funding) you now must pay 2 dollars per month for every month from the date of the first order (arrears). (MORE)
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 p…ost 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. (MORE)
How does plaintiff respond to defendants motion for orders to set aside default and vacate judgment?
Courts generally prefer to decide cases on the merits (facts), rather than by default. However, when an answer to a complaint has not been timely filed, and damages are proven to the satisfaction of the court (either by affidavit or by testimony), a default judgment may be entered. Most jurisdicti…ons require that in order to set aside a default judgment, the following be shown. This assumes a failure to answer a complaint-rather than a default judgment resulting from pleadings having been stricken as a sanction for noncompliance with a court order: --a reasonable excuse for not answering the complaint. Within the scope of this would be the failure to be properly served with process (personal, substitute, or lawful constructive service per applicable statute). If proven, bad service of process effectively voids the judgment, as it can be argued that the court never got personal jurisdiction over the defendant(s). There are other valid excuses for not timely answering; the court has much discretion in that regard. --an arguable, substantive defense to the Plaintiff's claim. It is not enough to say "I did not do it". The motion has to allege facts that tend to show the existence of facts supporting the defense. Otherwise, it would be a waste of time and resources to vacate the default and have a hearing or trial. The motion should be made as soon as possible after discovering the existence of the default judgment. While a prompt motion will not in and of itself guaranty success, waiting a long time to file it will tend to prejudice success. The motion gets filed with the Clerk of the Court where the judgment was entered, and a copy mailed to the the Plaintiff or his/her/its attorney of record. The judge's office should also be contacted for instructions as to how to schedule a hearing on the motion. All of that said, the Plaintiff could argue that there was proper service and that there was no reasonable excuse for failing to timely respond. The Plaintiff would further argue that the Defendant has no meritorious defense to the underlying claim and therefore, a trial on the merits would not change the ultimate outcome. The Plaintiff could also argue that the Defendant waited too long to move to have the default judgment vacated. While there is nothing akin to a statute of limitations for such a motion, the Plaintiff may take the position that the Defendant just waited too long. Finally, depending upon the complexity if the underlying matter, retaining a lawyer may be advisable. (MORE)
Motion to vacate sale means cancelling the order that confirms thesale of the foreclosed property. The word "vacate" means cancel inthis case.
It means any change in -- speed -- direction -- or both. Constant or 'uniform' motion means steady speed in a straight line.
When considering how 'fast' something is moving on earth, you ignore the fact that the earth itself is rotating, that the earth is orbiting the sun, and that the solar system itself is moving through the universe. All you care about is the relative motion between the object, and the earth itself, or… another object perhaps. (MORE)
A vacated conviction means the conviction is set aside, in this case by a judge following legal guidelines. A pardon is a conviction set aside by an executive (Governor or President). A conviction can be nullified by executive order or judicial order.
Vacate is a term subject to different meanings. In the context of a court order or decision, vacate means to overrule or void. A decision may be vacated for error, however, the error must be significant enough that it affected the outcome. Vacating a conviction for a crime sometimes refers to when a… court determines you have met certain conditions and orders the conviction removed from your criminal history record. (MORE)
Part of the meaning is the peacefulness of waiting. When waiting you have no place to be, no control over the schedule, and will get up when told to. Its a relief to not make your decisions after a life of making decisioins. And at the end of the poem, a community is formed when they are all boardin…g the same flight. (MORE)
Basically Timeshare is a format where a number of people pay a set monetary value each year to a time share company. This "rents" a holiday home at a specific resort for that person. The cost of maintaining the property is paid for by the group members who share that holiday home.
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 di…vorce 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. (MORE)
This seems to be a wish-fulfillment dream in which the subconscious mind presents a pleasant story allowing the dreamer to experience something desired. In this case, the dreamer meets someone special while on vacation. But the dream does not predict the future. It merely expresses the desire of the… dreamer. (MORE)
It could mean, well, "vacated"... that is, moved out. But if you're talking about it in the sense of "the judgement of the lower court is vacated, and the case is remanded for further proceedings" it means something like "made void" or "cancelled."
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 attorney 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. (MORE)
When a judge vacates a judgement he/she makes the previous judgement legally void. This usually occurs when a judgement has been appealed and the appellate court decides to overturn the original ruling.
Vacate the jury trial is an order that stops or postpones a case from going in front of a jury. Many times it can be used to reschedule a trial or because a settlement was reached between two parties.
If a company allows paid vacations then it means that they allow a certain number of days for their employee to not be in work but still be getting paid. This is in addition to the normal Bank Holiday allowance they may get.