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To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.
How do I file the motion? Get the form SC-135: Notice of Motion to Vacate Judgment. You must explain on the form why you did not come to court. File the form with the Small Claims Court Clerk's Office at the court where your case was heard. Pay the filing fee.
Ending a legal separation in California involves creating a motion to vacate the court's order of legal separation. You must follow the court rules for filing the motion, serve the other party, and state in court documents that you no longer wish for the legal separation to be in effect.
I certify that the information given is true and complete to the best of my knowledge. I understand that if I have deliberately given any false information or have withheld any information regarding any situation, I am liable for prosecution for fraud and/or perjury.
How to Write a Declaration for Family Court in California Give background information or tell their side of the story; Explain any requests and reasons for proposing those requests; Provide additional needed information or explain specific problems; and. Respond to the opposing party's requests or declarations.