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
A dispositional hearing in adult criminal court is a hearing at which a plea is entered on the record before the judge. A dispositional hearing in a civil case is usually set when the parties have a proposed agreement and want to settle the case without going to trial. In both cases, the judge must rule on the proposed case disposition, as explained by the the United States District Court for the District of Colorado.Full Answer >
A disposition date in court is the date a case is actually closed. Both civil and criminal court cases have disposition dates although courts use different terminology. Some courts use terms like “closed,” “resolved” or “judgment” instead of disposition date.Full Answer >
According to the law firm Eason and Tambornini, the term "deposition hearing" refers to a court-approved session during which time counsel may ask people involved in a case questions that must be answered under oath. During a deposition, a court reporter records the questions and answers.Full Answer >
A preliminary hearing determines whether there is enough evidence to force an individual to stand trial, but it does not determine guilt or innocence. According to Nolo, a preliminary hearing allows both the prosecution and the defense to outline their cases, although the defense is not obligated to present information.Full Answer >