The following form adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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A void judgment refers to a civil judgment that is inherently defective. Once a judgment is found void, it is as if it never existed at all. A voidable judgment, in contrast, is one that is somehow procedurally defective but not void.
(Code 1907, §4134; Code 1923, §7849; Code 1940, T. 7, §561.). A void judgment is a nullity from the beginning and is attended by none of the consequences of a valid judgment. It is entitled to no respect whatsoever because it does not affect, impair, or create legal rights." Ex parte Spaulding, 687 5.
On motion a court may, upon such terms as are just, relieve a party or his legal representative from its final judgment, order, or proceeding upon the following grounds: (a) mistake, inadvertence, surprise or excusable neglect; (b) newly discovered evidence which by due diligence could not have been discovered in time ...
"Extrinsic mistake exists when the ground for relief is not so much the fraud or other misconduct of one of the parties as it is the excusable neglect of the defaulting party to appear and present his claim or defense.
In contract law, the term "null and void" means the contract was never valid. Therefore, the contract has no legal effect. This is different from having a contract invalidated.
A void order is one that is not enforceable because it is missing some essential element that makes it valid. For example, an order made by a judge who lacked jurisdiction over the matter, or an order that violates due process of law, would be considered void.
Judgment is a void judgment if court that rendered judgment lacked jurisdiction of. the subject matter, or of the parties, or acted in a manner inconsistent with due. process, Fed.
Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed. Rules Civ. Proc., Rule 60(b)(4), 28 U.S.C.A., U.S.C.A. Const.
