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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]
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 motion to vacate may refer to either: A legal motion seeking vacatur of a judgment or other ruling A motion to vacate the chair , seeking removal of a legislative body's presiding officer
House Speaker Mike Johnson announced Wednesday evening that House Republicans from across the conference struck a deal to raise the threshold for the motion to vacate -- a procedure rank-and-file ...
At issue is a procedural tool know as the motion to vacate that Rep. Matt Gaetz, R-Fla., and other conservatives used to remove former House Speaker Kevin McCarthy, R-Calif., from his leadership ...
Kevin McCarthy has for now lost the House speaker’s gavel in an historic moment on the heels of a showdown on Capitol Hill over government funding.
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 ...
On October 2, Gaetz, a member of the Freedom Caucus, filed a motion to vacate. Following an unsuccessful motion to table by Representative Tom Cole, Republican Chair of the Rules Committee, Republican representatives debated McCarthy's speakership on the House floor. When the time for debate expired, the House voted to remove McCarthy, with ...
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