A motion to vacate is a decision by a court to cancel another court decision, states US Legal. In some cases, this results in a new trial either immediately or scheduled on a later date.Know More
Reasons for a judge to issue this kind of order include a mistake made earlier in court or newly discovered evidence, according to US Legal.
If a person is interested in filing a motion to vacate a decision, the first thing to do is look up the rules of civil procedure in the area, according to the Credit Info Center. These are the rules governing how long one has to ask a court to cancel the judgement, and they are different for every court. For example, in Orange County, Calif., an individual has 30 days to file a motion to vacate in small claims court. A motion to vacate must also be filed in the same court where the original decision was made, so the Credit Info Center recommends making sure the individual lives in the same area or makes arrangements to attend court.
Many communities have legal aid offices that offer help if the income requirements are met. For members of the military, the American Bar Association recommends consulting a military aid lawyer or reaching out to its military pro bono program.Learn more about Law
An injunction hearing is held in court before a judge to determine if a plaintiff should be awarded an interim or permanent injunction against the defendant's activities, as stated by The Myler Law Firm. Injunctions may be used to stop the sale of certain products or to award a long-term restraining order against the defendant.Full Answer >
The writ of habeas corpus is an important judicial right affecting court proceedings in that it empowers a detainee to petition the court and have the State justify its decision for detention, according to Cornell University Law School. The right has been expanded to allow state prisoners to petition federal judges.Full Answer >
The Marbury vs. Madison decision of 1803 set the precedent that the court could nullify an act of Congress if it was found to be inconsistent with the Constitution. This ruling formed the basis of judicial review and established the separation of the executive and judicial branches.Full Answer >
A person who receives divorce papers has 20 days to file an "answer," which is a statement that informs the court about his decision regarding the divorce, according to LawHelp.org. He must answer as to whether he agrees with the divorce complaint and whether he agrees with what his spouse asks the court to do.Full Answer >