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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 ...
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]
In Gordon, the use of a motion to have a trial court revisit a final judgment was the general practice at that time, even though the writ of coram nobis was available for the same purpose. It appears that the reason litigants used a motion to challenge a judgment, instead of the writ, was because filing a motion was less expensive than ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
The process of introducing a consent decree begins with negotiation. [5] One of three things happens: a lawsuit is filed and the parties concerned reach an agreement prior to adjudication of the contested issues; a lawsuit is filed and actively contested, and the parties reach an agreement after the court has ruled on some issues; or the parties settle their dispute prior to the filing of a ...
Such an order may later be overturned or vacated during the litigation; or it may become a final order and judgment, subject then to appeal. In the area of domestic violence, U.S. courts will routinely issue a temporary order of protection (TOP, or temporary protective order, TPO) to prevent any further violence or threat of violence.