Also known as: vacate · vacates · vacated · vacating · vacatura · set aside · annul judgment
Written by attorneys · grounded in primary & secondary sources — see below
The act of annulling or setting aside a judgment, order, or proceeding.
Valentina Vasquez was convicted of fraud after a jury trial. She filed a motion citing newly discovered evidence that the main witness had perjured himself. The district court found that the interest of justice required vacatur of the judgment and ordered a new trial.
Vincente Vukovic was convicted of a lesser included offense. After that conviction was vacated on appeal, the state attempted to prosecute him for the greater offense. Because the vacated conviction operated as an acquittal of the greater offense, the second prosecution was barred.
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Viola Volkov discovered that her landlord had failed to maintain the heating system. While her right to terminate remained in effect, she vacated the premises, complied with the lease notice provision, and sent written notice of her decision to the landlord. The lease terminated upon her vacatur.
Vaughn Valentine failed to answer a complaint and a default judgment was entered against him. He promptly moved to set the judgment aside, showing good cause and a meritorious defense. The court vacated the default judgment under Rule 60(b).
Vincent Vale owed substantial child support arrears. The tribunal ordered that specific parcels of his real property be set aside to satisfy the support order. The designated property was thereby made available for enforcement of the obligation.
Volta Electric's board approved an issuance of shares that exceeded the corporation's authorized capital. A shareholder sued to enjoin the issuance. The court set aside the unauthorized act because it was inequitable and all affected parties were before the court.
A court may vacate any judgment and grant a new trial if the interest of justice so requires upon the defendant's motion. The rule applies whether the case was tried to a jury or to the court.
A finding of guilty of a lesser included offense constitutes an acquittal of the greater offense even if the conviction is later vacated. The vacated conviction therefore bars reprosecution for the greater offense.
The tenant must vacate while the right to terminate exists, comply with any lease provision on the method of termination, and take reasonable steps to notify the landlord of the decision and its reason if the lease is silent on notice.
A court may set aside an entry of default for good cause and may set aside a final default judgment under Rule 60(b).
A tribunal may set aside property for satisfaction of a support order as one of several enumerated enforcement remedies.
In a shareholder proceeding to enjoin an unauthorized act, the court may set aside the act if equitable, all affected persons are parties, and it may award damages for loss suffered because of the injunction.
…may be decided upon any other ground. In view of grave consequences liable to result from erroneous exertion of its power to set aside legislation, the Court should move cautiously, seek assistance of counsel, act only after ample deliberation, show that the question is before the Court, that its decision cannot be avoided…