Also known as:sets aside · setting aside · set-aside · vacate · annul judgment
Written by attorneys · grounded in primary & secondary sources — see below
A judicial act that annuls or vacates a prior judgment, verdict, order, or other legal determination, or that reserves property to satisfy a legal obligation. The act restores the parties to their pre-judgment positions or allocates assets when justice or a specific rule so requires.
Sources & Authorities
How it applies
Common Examples
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New Trial Granted After Verdict
After a jury convicted Sierra Santos of wire fraud, her lawyer moved under the rule allowing relief when justice requires. The district court found the verdict rested on tainted evidence and set aside the judgment, ordering a new trial.
Acquittal Bars Later Prosecution
Simon Stern was acquitted of the greater offense after a jury convicted him only of a lesser included charge. When the state later tried to prosecute the greater offense, the court held the acquittal stood even though the lesser conviction was later set aside.
Default Judgment Vacated for Good Cause
Starlight Media failed to answer a complaint and the clerk entered default. Upon learning of the suit, the company showed excusable neglect and the court set aside the entry of default under the rule permitting relief for good cause.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Landlord Elects New Term After Holdover
After Skylar Sullivan's lease ended she remained in possession without permission. The landlord elected to set aside the lease termination and treat the holdover as creating a new term rather than seeking immediate eviction, binding Sullivan to another full lease period.
Tribunal Sets Aside Assets for Support
In an interstate support enforcement action against Seth Shapiro, the responding tribunal ordered that certain investment accounts be set aside to satisfy the accumulating arrearages under the uniform act's enforcement powers.
Shareholders Challenge Unauthorized Act
Sterling Dynamics shareholders sued to stop the board from completing an ultra vires merger. The court found the act unauthorized, set it aside as inequitable, and awarded damages to the corporation for losses caused by the attempted transaction.
Common questions
Frequently Asked
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When may a court set aside a criminal judgment under Rule 33?+
A court may set aside a judgment and grant a new trial if the interest of justice so requires. The motion must be filed within the time limits stated in the rule, including three years for newly discovered evidence.
Supporting sources
Does an acquittal remain effective if a lesser conviction is later set aside?+
Yes. A finding of guilty on a lesser included offense constitutes an acquittal of the greater offense even if the lesser conviction is subsequently set aside.
Supporting sources
What standard governs setting aside an entry of default?+
A court may set aside an entry of default for good cause shown. A final default judgment may be set aside only under the stricter standards of Rule 60(b).
Supporting sources
May a landlord unilaterally bind a holdover tenant to a new term?+
Yes, unless the lease provides otherwise or equitable considerations justify an extension of time to vacate. The election must be made solely on the basis of the improper holding over.
Supporting sources
What enforcement tools does a tribunal have in interstate support cases?+
A tribunal may set aside property for satisfaction of the support order, among other remedies such as determining arrearages and enforcing by contempt.
Supporting sources
When may a court set aside an unauthorized corporate act?+
In a shareholder proceeding, the court may set aside the act if doing so is equitable, all affected persons are parties, and it may award damages for actual losses other than anticipated profits.
Supporting sources
407 U.S. 1 (1972)Admirality Law
…and expanding international trade we conclude that the forum clause should control absent a strong showing that it should be set aside. Although their opinions are not altogether explicit, it seems reasonably clear that the District Court and the Court of Appeals placed the burden on Unterweser to show that London would be…