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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]
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
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 ...
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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 ...
The law now provides, in relevant part, that a motion to vacate a judgment of conviction may be granted where: "...the arresting charge was under section 240.37 (loitering for the purpose of engaging in a prostitution offense, provided that the defendant was not alleged to be loitering for the purpose of patronizing a prostitute or promoting ...
Diddy proceeded to challenge the ruling by filing an emergency motion to vacate the default judgment. He also filed to dissolve a preliminary injunction and temporary restraining order.
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 .