Last Updated: June 28, 2018

Definition - What does Vacate mean?

Vacate, within the context of the legal system, means to cancel or rescind a judgment made as a result of legal proceedings. The judgment is the remedy that the court deems appropriate for the wrongdoing – this can take the form of a fine or action that the perpetrator must satisfy. The motion to vacate a judgment must be filed at the court that delivered the judgment in question.

WorkplaceTesting explains Vacate

The reasons and procedures for filing a motion to vacate a judgment differs across the states. Typically, the application to the court to vacate a judgment must take place within a year or less of the issuing of the judgment. The reasons permitted by most states for requesting that the judgment be set aside are fraud, dishonesty or misconduct; error or negligence, introduction of new evidence discovered, or the fulfillment of a judgment. To file such a motion, the applicant must identify the specific court that passed judgment and lodge the required documentation stating the reason for the motion to vacate to the court clerk.

This definition was written in the context of Legal
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