To recall a judgment means to revoke or cancel a court's decision. This process is often pursued to correct factual errors in the judgment. If a judgment is annulled due to a mistake in law, it is considered a reversal rather than a recall. The primary goal of recalling a judgment is to ensure that any errors are rectified, allowing for a fair outcome.
The term "recall a judgment" is commonly used in civil law contexts, particularly in cases involving disputes over factual findings. It may also apply in family law or other areas where judgments can significantly impact individuals' lives. Users can often manage the process of recalling a judgment by utilizing legal templates provided by services like US Legal Forms, which offer guidance and forms drafted by legal professionals.
Here are a couple of examples of abatement:
(Hypothetical example) A person receives a judgment in a civil lawsuit that incorrectly states the amount owed. They can file a motion to recall the judgment to correct this factual error, ensuring that the correct amount is reflected.
(Hypothetical example) In a family law case, a judge issues a custody ruling based on incorrect information about a parent's living situation. The affected parent can seek to recall the judgment to present the accurate facts.
| State | Recall Process |
|---|---|
| California | Allows recall within 60 days of judgment. |
| New York | Requires a motion to be filed within 30 days. |
| Texas | Allows recall for specific grounds, usually within 30 days. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Alter | To change or modify a judgment. | Altering does not cancel the judgment but adjusts it. |
| Amend | To make corrections to a judgment. | Amending is typically about correcting legal errors, not factual ones. |
| Annulled | To declare a judgment void. | Annulment often involves legal errors rather than factual ones. |
If you believe a judgment needs to be recalled, consider the following steps:
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Recalling focuses on correcting factual errors, while appealing addresses legal errors.