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
The U.S. Supreme Court's decision in the 1975 Breed v. Jones case resulted in a win for the defendant. The court found the defendant was unfairly treated to two trials for the same offense. This double trial was deemed to be in violation of protections against double jeopardy, which states a defendant may not be tried for the same crime following a conviction or acquittal.Full Answer >
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 >
Some verbal agreements are enforceable in court, but the statute of frauds states that certain types of contracts must be in writing, as stated by the National Paralegal College. The agreements that must be in writing deal with the sale of land, contracts for goods worth $500 or more, marriage contracts, agreements that take more than a year to fulfill and those involving a third party.Full Answer >