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In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative). [1]
[Audita querela] is a writ of a most remedial nature, and seems to have been invented, lest in any case there should be an oppressive defect of justice, where a party has a good defence, but by the ordinary forms of law had no opportunity to make it. but the indulgence now shewn by the courts in granting a summary relief upon motion, in cases of such evident oppression, and driven it quite out ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
A motion to vacate may refer to either: A legal motion seeking vacatur of a judgment or other ruling; A motion to vacate the chair, ...
Asked whether a motion to vacate could get in the way of Trump's agenda by creating more chaos in the House, he said he doesn't think there's a "threat" on table, but added: "We don't work for a ...
Motion in limine; M. Marsden motion; Motion (legal) Motion to set aside judgment; Motion to suppress; Motion to vacate the chair; S. Motion to strike (court of law)
A stay of execution (Law Latin: cesset executio, "let execution cease") is a court order to temporarily suspend the execution of a court judgment or other court order. [1] The word "execution" refers to the imposition of whatever judgment is being stayed and is similar to an injunction .