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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] A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment.
A resolution declaring the office of Speaker of the United States House of Representatives vacant (informally referred to as a "motion to vacate") is considered privileged under certain circumstances. Under Rule IX, a privileged resolution, once raised on the floor by a member, must be put to a floor vote within two legislative days.
In 1946, Congress amended the Federal Rules of Civil Procedure and specifically abolished the writ of coram nobis in federal civil cases.Prior to enactment of these amendments, Congress reviewed all relief previously provided for civil cases through the writ of coram nobis and adopted those avenues of relief into the rules; therefore, eliminating the need for the writ in federal civil cases. [25]
The motion to vacate rule currently allows just a single member of Congress to call for a no-confidence vote against the speaker. The new agreement raises that threshold to nine. The new agreement ...
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, seeking removal of a legislative ...
(B) by striking "or" after the semicolon; (6) in paragraph (6)— (A) by striking "a member of an armed force" and insert ing "an officer or employee of the Government, or a member of the Armed Forces,"; and (B) by striking the period at the end of the paragraph and inserting "; or"; and (7) by adding at the end of the subsection the following:
The motion is made on the House floor, which is debatable for 20 minutes each by the proponent and an opponent of the measure. Two-thirds of the Members present and voting must vote in the affirmative for the rules to be suspended and pass, adopt, or agree to the measure.
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