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Motion to Vacate a Default Judgment or Set Aside a Dismissal Research Guide Last Updated: January 2013 Scope: This research guide provides information on sample language and relevant code sections
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How to fill out a motion to vacate:

01
Start by obtaining the necessary forms from the court clerk's office. These forms are typically available online or at the courthouse.
02
Carefully read through the instructions provided with the forms to ensure you understand the process and requirements for filing a motion to vacate.
03
Begin filling out the form by entering your contact information, including your full name, address, and phone number.
04
Clearly state the reason for your motion to vacate. This could include errors made during the initial court proceedings, new evidence that has come to light, or a change in circumstances that warrants the vacating of a previous decision.
05
Provide a detailed explanation of the grounds for your motion, including any supporting evidence or documentation that supports your case. It is important to be thorough and provide all relevant information.
06
If applicable, cite the specific rule or statute that supports your motion to vacate.
07
Sign and date the form, and make sure to make copies for your records.
08
Submit the completed form to the court clerk's office, paying any required filing fees and adhering to any deadlines or additional requirements specified by the court.
09
Keep track of all documentation and correspondence related to your motion to vacate to ensure a smooth process.

Who needs a motion to vacate:

01
Individuals who believe that an error was made in a previous court decision and wish to have it reconsidered.
02
Parties who have discovered new evidence that was not available during the initial court proceedings and believe it could change the outcome of the case.
03
Individuals who have experienced a significant change in circumstances that may warrant revisiting a previous court decision.
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It is a legal document asking the court to cancel or set aside a previous court order.
The party who wants to challenge a court decision or order.
You must provide detailed reasons for why the court should cancel or set aside the previous order.
The purpose is to seek relief from a court decision that the party believes is unjust or incorrect.
The reasons for challenging the previous court order and any supporting evidence.
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