In addition to being filed within the applicable time limit, a motion to vacate judgment must be based on a valid legal reason. A person should never expect a court to make exceptions in their case.

And then, the person wants to proceed as the rules direct. Or, if a person wants to proceed on their own, they need to check the rules of the court which entered the judgment to see what they say about time limits for filing a motion to vacate. A person would want to check with a lawyer to ensure that their filing of the motion will be considered within the applicable time limit.

Depending on the legal issue involved, filing a motion to vacate could be allowed from 30 days to 1 year after the date the judgment was entered. Trying to vacate a default judgment if a person can show that they were never served in the action has a good chance of success.Ī motion to vacate must be filed within a reasonable time after the judgment was issued. Sometimes, it might happen that a person who has been sued does not receive notice of the lawsuit, so was not aware of the proceedings. A default judgment is entered when the person who has been sued never answers the complaint and never appears in court in connection with the lawsuit. Motions to vacate may also be used if a default judgement has been entered in a lawsuit. Such motions may be common in major family law cases, such as those involving divorce, child custody/ visitation, and other issues. Generally, a motion to vacate judgment may be granted to a party to a lawsuit who can show that they did not have a proper chance to present their side of the case in the action. Are You a Lawyer? Grow Your Practice What Is a Motion to Vacate Judgment?Ī motion to vacate a judgment, or petition to vacate judgment, is a specific request made by one of the parties to a lawsuit or other legal proceeding to a court to withdraw a judgment or order that the court previously entered.

Motion to vacate dismissal