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To ask a court to set aside (cancel) a court order or judgment, you have to file a request for order to set aside, sometimes called a motion to set aside or motion to vacate. The terms set aside or vacate a court order basically mean to cancel or undo that order to start over on a particular issue.
To have a default vacated, the movant must demonstrate excusable neglect in failing to file a responsive pleading, due diligence upon learning of the entry of the default, and existence of a meritorious defense.
The purpose of a Motion to Vacate is to ask the judge to set aside or annul an order or judgment if the judge finds it is improper.
Grounds for Vacating a Final Judgment Mistakes, inadvertence, surprise, or excusable neglect; Newly discovered evidence that could not have been reasonably discovered previously; Fraud, misrepresentation, or other misconduct of an adverse party; The judgment is void; or.
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