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A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative). [1] A ...
Washington's expungement equivalent is called "vacating a judgment." It allows the court to vacate certain felony convictions which occurred after July 1, 1984. [61] Revised Code of Washington (RCW) Chapter 9.94A.640 allows the court to withdraw the finding of guilt and vacate a misdemeanor or gross misdemeanor. [62]
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
Whenever a monetary judgment is issued by a Virginia court, the clerk of the court will automatically issue a fi fa once twenty-one days have passed from the entry of the judgment (this is the period of time that the losing party before the court has to obtain relief from the court in the form of a reconsideration or reduction in the judgment ...
A federal court may also remand when a civil case is filed in a state court and the defendant removes the case to the local federal district court. If the federal court decides that the case was not one in which removal was permissible, it may remand the case to state court. Here, the federal court is not an appellate court as in the case above ...
In light of this, on June 27, the Supreme Court granted Limon's petition, vacated the ruling of the Kansas Court of Appeals, and remanded the case for further consideration. After the Court of Appeals again upheld the law, the Kansas Supreme Court agreed to hear the case and unanimously struck down the part of the law excluding same-sex sexual ...
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law.
Once a judgment has been entered by the court (or a decree has been issued, if the case is in equity), the court retains jurisdiction over the case for 21 days. This period is referred to as the time for which the case is "in the breast of the court", and during this time the court has complete discretion to suspend, vacate, or amend its ...
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