What form do I need to overturn or vacate a judgment?

Full question:

What form would I use to file a request to overturn or vacate a judgment? Is it a complicated procedure to submit the forms once they are filled out?

  • Category: Judgments
  • Date:
  • State: North Carolina

Answer:

When a final order is issued in a case, you may appeal to have the decision overturned or reversed. The specific form and procedure depend on the case type, such as whether it is state or federal, and whether it is civil or criminal. I cannot provide legal advice, but I recommend consulting a local attorney who can review your situation and documents.

We can help you find forms or add forms to our database if needed. However, we cannot advise you on which specific form to use when multiple forms address the same issue. If you search for appeal forms for your state, you will find various options. If those do not meet your needs, let us know, and we may be able to add a suitable form.

You can order a form or package by calling Toll Free: , available Monday to Friday, from 8:30 AM to 5:00 PM Central Time.

For North Carolina, the relevant statutes for civil appeals include:

  • Rule 3: A notice of appeal must be filed with the clerk of superior court within 30 days after entry of judgment (N.C. R. App. P. 3).
  • Rule 4: In criminal cases, notice of appeal must be filed within 14 days after the judgment (N.C. R. App. P. 4).

Make sure to follow the specific requirements for your case type and consult the relevant statutes for detailed procedures.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The SC 135 form is a specific legal form used in some jurisdictions for filing a motion to vacate or overturn a judgment. The exact purpose and requirements of this form can vary by state. It’s important to check your local court rules or consult an attorney to ensure you are using the correct form for your situation.