What happens if you file a motion to vacate?

A motion to vacate asks the court to withdraw the previous judgment because you didn’t have a fair chance to present your case. Keep in mind that a motion to vacate is not the same as an appeal or a motion for reconsideration. A motion to vacate doesn’t ask the judge to reconsider his opinion or to consider new evidence.

Is there a motion to re-open / vacate / compel?

1) Set aside a Dismissal and Reopen the case, or 2) Give you a Rehearing, or 3) Vacate an order from a Hearing Officer, or 4) Compel compliance with Mandatory Disclosure. PACKET #28 – MOTION RE-OPEN/REHEARING/VACATE/COMPEL (09/10/2019) Page 2 of 6

When to use Family Law Division motion to re-open?

FAMILY LAW DIVISION MOTION TO/FOR RE-OPEN / REHEARING / VACATE / COMPEL (Packet #28) USE THIS PACKET IF YOU WANT TO ASK THE COURT TO DO ONE OF THE FOLLOWING: 1) Set aside a Dismissal and Reopen the case, or 2) Give you a Rehearing, or 3) Vacate an order from a Hearing Officer, or 4) Compel compliance with Mandatory Disclosure.

When is a default judgment can be vacated?

A default judgment can be vacated when a defendant has a meritorious defense and did not receive actual notice of the action in time to defend. Under CPLR §317, four requirements must be met to have a default opened: service must have been made in a manner other than personal delivery or delivery to an agent designated under CPLR §318;

When to file a motion to vacate a judgment?

A Motion to Vacate is not a substitute for an appeal. An appeal, generally, must be filed within 30 days from the date a judgment or order is entered. An appeal is a request to a higher court to change the decision made by a lower court.

What’s the difference between appeal and motion to vacate?

An appeal is a request to a higher court to change the decision made by a lower court. A Motion to Vacate asks the same court to withdraw its decision. A Motion to Vacate is rarely granted. Before filing such a motion, make sure that you have solid legal grounds for the motion.

What does a motion to vacate Civil Rule 60 mean?

MOTION TO VACATE JUDGMENT/ORDER Civil Rule 60 A. What is a motion to vacate? A Motion to Vacate is a request to the court to withdraw a previous order or judgment it entered. It has to be based on one of the specific reasons set forth in Civil Rule 60 (a copy of this rule is attached).

Can a court grant a motion to amend or vacate in Kentucky?

In Kentucky, a court may grant a motion to alter, amend, or vacate pursuant to Motion to CR 59.05 on one of the following four grounds also recognized by the federal courts in construing Federal Rule of Civil Procedure 59(e):