How to File a Motion to Vacate When the Case Is Closed
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Research the law relating to the jurisdiction involved.Photos.com/Photos.com/Getty Images
Investigate the law. Evaluate if fraud, mistake, newly found evidence or inadvertent surprise applies to the case at issue. Such predicates can be allowable reasons to vacate a closed court order. Determine if the terms of the order have been satisfied. Fully complying with an order can be grounds to vacate it. Check the applicable deadlines and statute of limitations applicable for filing a motion to vacate. Be sure to comply strictly with all time lines by filing the motion within the dates prescribed by law. - 2
A formal motion and support brief must be carefully crafted.Jupiterimages/Goodshoot/Getty Images
Draft a motion and brief. Follow all pertinent court rules relating to the format, number of copies needed and legal requirements for filing a motion to vacate. Describe in detail all relevant facts and legal foundations in the legal brief. Attach relevant proof exhibits to the brief, such as documents, affidavits, photos, records and reports. Do not file a frivolous motion, meaning one without significant evidence and law to support the request to vacate. - 3
The motion, brief and a proof of service must be filed with the court.Stockbyte/Stockbyte/Getty Images
File and serve the motion and brief. File the motion and brief with the court clerk. Serve all opposing parties in the case with the motion, brief, court date and time assigned for the hearing. Request a standard proof of service form from the court. Draft a proof of service from scratch, if the court does not provide this form. State in the proof of service that all opposing parties were served by the court deadline with the motion, brief, date and time of the hearing. - 4
Direct specific questions about vacating orders to a lawyer.Jupiterimages/Creatas/Getty Images
Seek legal advice. Consult with an attorney regarding specific questions for filing a motion to vacate in a closed case. Rely on a lawyer to obtain relevant statutes, case law and court rules. Retain counsel to assist or handle a motion to vacate. Provide all probative proof to the lawyer at the time of the initial consultation to help the lawyer determine the probable chances of success.
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