Motion to Vacate Judgment

Purpose of the Document:
A Motion to Vacate Judgment is filed to request the court to nullify or set aside an existing judgment due to errors, fraud, mistake, newly discovered evidence, or other valid legal grounds. This document ensures that the party seeking relief can formally present the reasons and supporting evidence to the court.

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Common Grounds / Key Legal Terms

Motion to Vacate Judgment is commonly filed based on fraud, mistake, new evidence, jurisdictional errors, or procedural defects. Key legal terms include: vacate, judgment, motion, petitioner, respondent, relief, and affidavit.

Step-by-Step: How to Apply Motion to Vacate Judgment

  1. Identify the judgment you wish to vacate.
  2. Determine legal grounds for filing the motion.
  3. Prepare supporting documents and affidavits.
  4. Draft the motion including relief requested.
  5. File the motion with the appropriate court.
  6. Serve notice to the opposing party as required.

Documents Required for Motion to Vacate Judgment

  • Copy of original judgment
  • Supporting affidavits
  • Evidence documents supporting the grounds
  • Attorney affirmation
  • Declaration or key points affidavit

Tips for Success

  • Clearly state legal grounds and facts.
  • Provide all supporting documents.
  • Follow local court rules strictly.
  • Ensure timely filing to avoid dismissal.
  • Seek legal counsel if unsure about procedures.

Frequently Asked Questions

What is a Motion to Vacate Judgment?
When should I file a Motion to Vacate Judgment?

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