Understanding Motion for Relief From the Judgment: A Legal Overview
Definition & Meaning
A motion for relief from the judgment is a formal request made to a court to correct a judgment. This request may be due to clerical errors that misrepresent the court's intentions or to relieve a party from the judgment for reasons such as:
- Inadvertence or surprise
- Excusable neglect
- New evidence that was not previously available
- Fraud or misconduct by the opposing party
- The judgment being void or already satisfied
Legal Use & context
This term is commonly used in various areas of law, including civil, family, and criminal cases. A motion for relief from judgment is often filed when a party believes that the judgment was unjust or based on incorrect information. Users can manage this process themselves using legal templates available from resources like US Legal Forms, which provide guidance and necessary forms drafted by attorneys.
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example) A person receives a judgment in a civil case that incorrectly states the amount owed. They discover this error after the judgment has been entered. They can file a motion for relief from the judgment to correct the clerical mistake.
(hypothetical example) A parent is granted custody based on false information provided by the other parent. After discovering the truth, they can file a motion for relief to contest the custody decision based on fraud.