Motion To Vacate Example
Description
How to fill out Maryland Motion To Vacate Order Of Default By Defendants?
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FAQ
*Examples of mistake, inadvertence, surprise, or excusable neglect may include: Illness of Defendant. Attorney's abandonment of client. Fraud by the Plaintiff.
A motion is a legal tool that asks a judge to make a decision. A motion to vacate specifically asks a judge to cancel something. If a judge or jury convicted you of a crime ? or you pleaded guilty ? then a motion to vacate might ask the judge to cancel the conviction.
In civil and criminal procedure: To set aside or annul a previous judgment or order.
To set aside a default judgment, the defendant must demonstrate that its failure to answer or otherwise appear and defend was due to excusable neglect under the circumstances and that it has a meritorious defense either to the cause of action itself or the quantum of damages assessed.
To set aside a default judgment, the defendant must demonstrate that its failure to answer or otherwise appear and defend was due to excusable neglect under the circumstances and that it has a meritorious defense either to the cause of action itself or the quantum of damages assessed.