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Vacate

Last updated: June 28, 2018

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.

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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.

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