Vacated judgment

A vacated judgment makes a previous legal judgment legally void. 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.

A trial court may have the power under certain circumstances, usually involving fraud or lack of jurisdiction over the parties to a case, to vacate its own judgments.

A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment.

United States of America

"Relief from judgment" of a United States District Court is governed by Rule 60 of the Federal Rules of Civil Procedure.[1] The United States Court of Appeals for the Seventh Circuit noted that a vacated judgment "place[s] the parties in the position of no trial having taken place at all; thus a vacated judgment is of no further force or effect."[2]

See also

References

  1. ↑ Federal Rules of Civil Procedure (Dec. 1, 2012)
  2. ↑ United States v. Williams, 904 F.2d 7, 8 (7th Cir. 1990) (citations removed).
This article is issued from Wikipedia - version of the 11/21/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.