Q:

What does it mean legally when a case is date vacated by judge?

A:

Quick Answer

When a judge vacates something, it means the ruling or verdict is set aside, such as an order or judgment that he finds improper. In the case of tenancy law, vacate refers to an order to move out and cease occupancy of a rental unit, according to Rottenstein Law Group.

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Full Answer

A criminal conviction that is vacated is considered void, and a new trial must commence, states Rottenstein Law Group. A date vacated by the judge would mean that a date was set for trial, and the judge had it stricken from the court schedule. This happens when one or both parties are unprepared to appear in court by the appointed time. A judge vacates a trial date when evidence is presented that the previous trial was handled improperly. This is often the procedure when an appeals court disagrees with the entire judgment from an earlier trial.

In property law, vacate is used to describe the removal of person and his property from a piece of real estate, states USLegal. Local laws vary greatly in the United States as to the power the court has to remove people from property. If the case in question is a rental dispute, the date to vacate means the day the judge decided that the tenant must leave the rental unit.

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