File a motion to vacate
In certain situations, you can ask a judge to cancel (vacate) a previous court order. Use these forms and instructions to vacate an order in a family law or other non-criminal (civil) case.
We have separate forms and instructions to:
1. Fast facts
What is a motion to vacate?
This written request asks a judge to withdraw or take back (to vacate) a previous order it issued in your case.
We use the word “order” here to refer to an order or a judgment.
Generally, a judge will approve your Motion to Vacate if you can convince them that you didn't have a fair chance to present your case before the order was issued. If you did have that chance, don't file a Motion to Vacate. This is not an appeal. An appeal asks a higher court to change a lower court’s decision. A Motion to Vacate asks the same court to take back its own decision.
If you want to change an order issued within the last 10 days, you might want to file a motion for revision or reconsideration, instead of a vacate.
Judges rarely approve a Motion to Vacate. Before filing this motion, make sure you have solid legal grounds for it. Otherwise, a judge could decide against you and order you to pay the other side’s costs, including attorney’s fees. Try to talk to a lawyer before you file.
Deadline
You usually must file this kind of motion within a reasonable time. In many cases you must file the motion within 1 year after the judge issued the order you want vacated. A lawyer can help you figure out if your motion is timely before you file.