Motion to Vacate Attorney in Clinton, Maryland

What happens if you do not agree with the verdict that a judge has passed down? Do you have any options for appealing the judge’s decision?

The answer in a few cases may be yes. If you have recently been to court in Maryland and disagree with the judge’s verdict, call me, William Ray Ford, at the Law Office of William Ray Ford in Clinton. Having participated in over a thousand trials, I bring extensive experience and skill to each client’s case, and I will work with you one-on-one toward the goal of securing the best possible outcome for you.

What Is A Motion To Vacate? 

A motion to vacate, or a motion to vacate judgment, is a request that you may make to the court for a withdrawal of the judgment that was made by that court. A motion to vacate is a legal way to challenge court decisions. While motions to vacate can be approved in certain situations, getting one approved is not always easy. However, it is extremely useful if certain conditions apply—as we will discuss below.  

You will file a motion to vacate with the same court that passed down the judgment. If you want to challenge multiple verdicts, you will have to file multiple motions to vacate with the courts where those judgments were passed down. An attorney can help you to manage this process, keeping track of requirements and filing paperwork in a correct and timely manner.  

When Can A Motion to Vacate Be Granted?

Motions to vacate are often most successful when one party in a lawsuit is not aware that there has been a judgment against them. For example, if you never received notice of a lawsuit and do not appear in court on the appointed day, the court may file a default judgment against you. However, if you can prove that you did not show up because you were never legally and properly informed about the lawsuit, you will have a good chance of getting a motion to vacate approved.  

Motions to vacate are also often granted in such cases in family law courts. For example, if one parent does not appear for a child custody hearing, a default judgment may be granted awarding custody to one parent. This can be devastating to the other parent, especially if that parent has not been legally informed of the court date. The other parent can file a motion to vacate judgment if they can prove that they were not given proper notice.  

The motion to vacate may also be granted if there was a clerical error in the judgment, if there is newly discovered evidence and no time to mount a new trial before the judgment was passed, or if the judgment has already been voided. Your attorney will be able to investigate and determine if any of these conditions apply. 

The Process of Filing

You need to file a motion to vacate the judgment within 30 days after the judgment, with the District Court where the judgment was handed down. After this, there will be a hearing to determine whether or not to approve the motion. If your motion to vacate judgment is not granted, you will be able to appeal the decision; the appeal will be heard in the Circuit Court.  

If your motion to vacate is granted, you will have the opportunity for a new court date. Your attorney can help you to set up a defense and ensure that your voice is heard this time around.  

How an Attorney Can Help

It might be tempting to try to go at this alone, but that’s not a wise choice. An attorney can be an invaluable resource when challenging court decisions in Maryland. A skilled attorney can ensure that your documentation is prepared and submitted correctly, can support you in any hearings you may need to attend, and can represent you during your new trial. 

Ultimately, though, a lawyer can stand by your side. As a knowledgeable and experienced legal advocate, I understand the emotional toll that legal battles can take on individuals. I am committed to not only providing detail-oriented legal representation but also offering the emotional support and guidance you may need throughout this journey.