A motion to vacate judgment is a formal request made to a court to nullify or set aside a previous judgment. This motion is typically filed by a party who believes there are valid reasons to challenge the judgment, such as errors made during the trial or new evidence that could affect the outcome. The law outlines specific grounds and timelines for filing such motions, which can vary by state.
This term is commonly used in civil law, but it can also apply in family law and criminal cases. A motion to vacate judgment allows individuals to seek relief from a judgment that they believe was unjust or based on incorrect information. Users can often manage this process themselves with the right legal forms, such as those available through US Legal Forms, which are drafted by licensed attorneys.
Here are a couple of examples of abatement:
Example 1: A defendant in a civil case discovers new evidence that could exonerate them after the judgment has been rendered. They file a motion to vacate the judgment based on this newly discovered evidence.
Example 2: A party realizes that they were not properly notified of a court date, leading to a default judgment against them. They may file a motion to vacate the judgment due to excusable neglect.
In Florida, the relevant statute is Fla. R. Civ. P. 1.540, which outlines the grounds for relief from judgments, decrees, or orders. It specifies the reasons a party can file a motion to vacate, including mistake, newly discovered evidence, and fraud.
Examples of state differences (not exhaustive):
| State | Time Limit for Filing | Common Grounds for Vacating |
|---|---|---|
| Florida | Within one year for most grounds | Mistake, fraud, newly discovered evidence |
| California | Within six months for default judgments | Excusable neglect, fraud |
| New York | Within one year for fraud | Fraud, newly discovered evidence |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Motion to Vacate Judgment | A request to nullify a court judgment. | Focuses on errors or new evidence affecting the judgment. |
| Motion for New Trial | A request for a new trial based on procedural errors. | Typically filed before the judgment is final. |
| Appeal | A request to a higher court to review a lower court's decision. | Involves legal errors rather than factual disputes. |
If you believe you have grounds to vacate a judgment, consider the following steps:
Browse our library of 85,000+ state-specific legal templates.