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Vacating a Court Order
Barrister Amna (Alevels Academy Islamabad)
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9/4/2024
A Levels Academy Islamabad
Category
📚
Learning
Transcript
Display full video transcript
00:00
The end.
00:02
Whether it's a film, TV show, opera, or football game,
00:07
when it's done, it's done.
00:09
You may have had a judgment go against you in court
00:12
and thought the same exact thing.
00:14
Well, when it comes to the law, it
00:16
ain't over till it's over, unless it's not over.
00:20
Because action can be taken to make a judgment or ruling null
00:23
and void, like it never happened.
00:26
This is called vacating a judgment.
00:29
And needless to say, it's not something
00:31
that can happen without legitimate proof.
00:33
A judgment is the court's final written determination
00:36
of the rights and obligations of the parties in a case.
00:40
It is defined as a definitive act in a lawsuit that
00:42
ends the litigation by ruling in favor
00:45
or against the plaintiff's claim.
00:47
If you have grounds to vacate this judgment,
00:50
you must file a motion to do so within a reasonable amount
00:53
of time.
00:54
In Florida, the time limit for most motions to vacate
00:57
is one year after the date of judgment.
01:00
Simply filing for a motion to vacate
01:02
does not, in and of itself, have any effect on the judgment
01:05
or its consequences.
01:07
There are a few specific reasons a ruling
01:09
can be vacated if proven.
01:12
One is if there was a mistake, negligence,
01:15
or surprise during the case.
01:17
Another reason for vacating a judgment
01:19
is if newly discovered evidence comes to light.
01:22
This is one of the most difficult to win,
01:24
however, because you will need to show
01:26
that the evidence really is new, not just something
01:29
that you missed because you weren't looking hard enough.
01:32
Another reason for vacating a judgment
01:34
is if the opposing party committed fraud,
01:36
misrepresentation, or misconduct during the case.
01:40
Or you can vacate a judgment if you have already paid off
01:42
or settled that judgment or an earlier judgment
01:45
that one is based on.
01:47
In case of a default judgment, you
01:48
can vacate the judgment if you can
01:50
show that you were not properly served with notice of the case
01:53
and that you had a good defense.
01:56
If you are looking to vacate a ruling,
01:58
check out LegalYou to see if you have the grounds to do so.
02:01
LegalYou, you can do this.
Recommended
1:58
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