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When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate . The phrase is often used in the context of appeals , when an appellate court invalidates the judgment of a lower court.
What does it mean for a decision to be set aside?
1. : to disagree with and overturn (a decision or act of a lower tribunal) upon review : overrule, vacate. set aside the decree. 2. : to deprive of legal effect or force : annul, void.
What does a motion to set aside judgment mean?
A set aside in simple terms means that a court vacates or voids a prior order, as if the order never existed. Before a court will set aside a judgment or order, there must be a clear statutory basis for the set aside, and facts that warrant the order vacated.
What is the purpose of a motion for judgement?
The motion is made before the case is submitted to the jury but after a party has been fully heard on the issue. The motion argues that whatever evidence exists for finding for the opposing party is legally insufficient.
What happens when a decision is set aside?
When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate . The phrase is often used in the context of appeals , when an appellate court invalidates the judgment of a lower court. For example, in Eckenrode v.
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Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiffs complaint, you could again be defaulted and another default judgment could be entered against you.
What happens after the judgment has been set aside?
If the judgment is set aside then all enforcement action will then stop.
Related links
Motion to Set Aside Default or Judgment
A Motion to Set Aside Default or Judgment is used to ask the court to set aside or undo a default or judgment or final order in a case, and to allow the case
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